New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-01


en Of the General Government are to BE zee
The slayehodrng interest owed IL 10 honor ana gooI
faith 70 resist the temptations which such men ngnt
bold out for the reputation OF lis obligations.
THE PLEA THAT CONGRESS HAS NO POWER To
PROHIBIT SLAVERY IN THE TERRITORIES.
Ill But il il urged that the original enactment OF
the Missouri Compromise, by which Slavery pro-
hbited from entering portion of the Territory of the
United States, a violation Of the Constitution,
that Congress has nghtfu power to make such pro-
hibitjon but tha; into any Territory which the
Constitution il extended the STAKEHOLDER has night,
by virtue of its provisions, TO take his slaves.
In reply TO this we answer, q.
Firsf. That whether the plea be true or ial>e, u
comes too late that the slavehodng interest conceded
the constitutionsty of the prohibition by asserting TO
s enactment and aiding by the votes OF It's repre-
sentatiyes:-
second, That If the plea were true, the ensctment
vas null and void by OF its unconsttutionahty,
snd its repeal therefore, was needless ootentauoh oi
bsd fath and
sTRlrd: That the plea is not true, but Is directly
contrary to the plain letter well 10 the sput OF
the Constitution and to the uniform practice OF the
Government from its foundation.
The Constitution declares that the Congress shall
have power to make all needfu rules and regulations
respecting the Territories other property belong
ing TO the United States.' This language Is very
plain and very broad II imposes no limit alton upon
the power of Congress to make rules and regulations
respecting the Territories, except that they shall be
such a. ar needul;" and this of course il lies IN
the discretion of Congress to determine. II assumes
that power TO legisate for the Territories, which are
the common property OF the Union, must exit some,
where; and also that il may most justly and most
safely, be placed in the common Government OF the
Inion The authority Of Congress over the Terrific
mes is therefore without any other limit than such a.
It's Judgment of what il 'needful OF what will best
promote their welfare and that of the whole country
| 10 wfich they belong, mny impose II Congress,
therefore deem il expedien to make rule and regu-
aton which shall prohibit slavery from any Territory
we find nothing in the Constitution which removes
such prohibition from the sphere Of its authority.
The power Of Congress the Territories OF the
United States * complete aud a. full a. that pos
se-sed by any State Legislature over Territory
belonging to that state; and If the latter may pro-
hibit Slavery within is own Territory, 60 may the
former also.
1t has been urged we aware, that the rules and
regulations which Congress Is authorized 10 make
respecting the Territories, restricted 10 them re-
garded property; and that this clause OF the Con-
stitution coniers no Governmental power over them
whatever. But this cannot be sObecause It u under
this clause that Congress does govern the TerTtores
that il organizes their governments and provides for
their ultimate admission States. There other
clause of the Constitution from which this power OF
government can be inferred il unquestlonably ex-
sts therefore, il must rest upon this provision. Bat
from whatever source il may be derived the authority
TO govern necessarily implies the right to decide what
policy and what laws viii best promote the welfare of
those on whose behalf that authority is exercised. If
Congress therefore believes that the we!being OF
the Territories and Of the cOsnry at large will be pro-
noted by excluding Slavery from them, It has be-
yond all question, the right thus to prohibit and eX-
I\cludc il.
TVS view of the authority of Congress over the Ter
rtores Of the United States is sustained by other
clauses Of the Constitution. In the ninth section OF
the first article il is declared that tbe migration or
importation of such persons a. any OF the states R01
eriStiHg may think proper to admit shall not be pro
hibited by Congress prior to the year 1909 This il
not grant of power. On the contrary II il restric-
tion iInuossd upon power assumed TO exist. The Ian
guage Of the clause takes for granted that Congress
lad power prohibit the migration and the impoTta-
ton of Saves-a power doubtless conferred by the au-
thority TO regulate commerce with foreign nations
and among the several States, for whether Slaves
DIRE to be regarded persons or az property commerce
of necessity relates to both This clause OF the Constr
tnon therefore imposes upon the authority OF Con-
cress TO prohibit the migration importation of slaves,
a specific aud limited restrction-namey, that this
power should not he exercised over any OF the States
then erstiBg prior to the year leOe. Over any State
not then existing, and by still stronger implication,
over any Territories of the United States the exercise
ofs authority was unrestricted and might prohibit
the migration importation Of slaves into them, at
any time in IL. own discretion.
nor do any considerations connected with alleged
rights Of property in slaves cOntTavene the existence
or the exercise OF this authority. The Constitution
does not recognize slaves as property IN any instance
or to any extent In The clause already cited they are
escape into other States they 10 be returned not
property, but "fugitives from justice" And in
the apportiOnment OF representation and OF direct
taxes II j. provided by the Constitution that to the
whole number of Free persons to be added three
tiths of all other "persOns." In all its provisions
which have reference TO slaves they described and
regarded persons. The idea OF their being pro-
perry is carefully and Intentionally excluded. Ii they
are property at all therefore, it s not by virtue of the
Constitutions but OF local laws and only within their
jurisdiction. The local laws Of any State excluded
from the territories of the United States by the neces
>y Of the well a by the exclusive sovereignty
conferred upon Congress.
THE PLEA or POPULAR SOVEREIGNTY.
Ea.I, fhua 10 blick fIa RIGHT M ha
holder to cary his slaves property by virtue of the
Constitution into territory belonging to the United
States, the saveboldng interest has been compelled
TO claim for the inhabitants Of the Territories them
selves the right to provide for excluding admitting
Slavery as right inherent in their sovereignty over
their own Affairs. This principle Of Popular sover-
eighty it is styled embodied in the bills for
ganizing New-Mexico and Utah. and is made the SUBJ
sttue for the prohibition Of Slavery in the Missouri
Compromise which it repealed and the slaveholding
interest is sustained by the Federal Government
in this position, it has been in all the positions
it has successfully assumed. The principle OF Popu-
lar Sovereignty is fundamental in our Institutions.
No one doubts that the People are sovereign
over al the Territories, as well as over all the
States of the Confederscy. But this sovereign
" is subject to limitation and definition, aud
can only exist within the limitations of the Con-
stitution. The People sovereign in the House
of Representatives, but their sovereignty may be
overrued by the Senate, or defeated by the veto
of the President. The States sovereign;
but only within certain Hmits, and u suborti-
nation to the sovereignty of the naton,/ 1.-Two sover
eighties over the country and on The same sub
Jet il il is manifest cannot coexs,; one must OF ne
cessity exclude the other. But the Constitution, IN
express and unmistakabe terms, makes Congress
ereign over the Territories, by comforting upon it
power to make all needful rules and regulations
speeding them" The doctrine Popular Sovereignty
in the people OF the Territories finds warrant sup
port the Constitution In the language of Mr. Cal
houn, it involves adsurdity; if the sovereignty
over the Territories be in their inhabitants instead
%. ba I,;. thav 10 no he