The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-13

opinion concerning the sovereign power over
the Territories, but we have had a variety Of
acts Of Congress recognizing different powers
and degrees of sovereignty-one cotemporaneous
act clashing with another Of the same SERIES aud
o subsequent act repeating the prevailing basis of
pre-existing Congressional legislation for the
Territories through period Of sixty seven
years We find, accordingly, that neither con-
stitutonal interpretations nor Congressional
acts of legislation afford us any solid ground to
stand upon in reference to slavery in the Terri
tories. The saft st policy is, no doubt, medium
between the Northern extreme Of the exclusion Of
slavery from the Territories by act of Congress
and the Southern extreme that, under the consti-
tuition, Southern slavery already exists as the
law of the Territories, which neither Congress
nor Territorial Legislatures can repeal.
This intermediate policy of safety, as we under-
stand it. is the policy OF assuming that slavery is
not established 10 any Territory except such Terri
tories as may b. acquired with the institution In
practical existence on the soil-that slavery can
neither be excluded nor established by the local
authorities of Territory; and that, whatever
may be the power OF Congress, it is most expe-
dent to leave the question OF slavery in the Ter
ritories to be decided by the people thereof in
the act of organizing themselves into a sovereign
State. In the interval let the question remain
an open question, subject to the great organic
laws of climate, productions and the physical
adaptation OF free white labor or black slave
labor to the climate, soil and products of this or
that Territory.
1t was Mr.. Webster. we believe, who, in the
course of the Senate debates on the great com
promise measures of 1850, on being asked if he
were willing to trust the Territory of New Mexi
co to the hazards Of African slavery replied. sub
staDtially, that the Creator had forever pro-
hibited" the institution there, in the physical
drawbacks of climate and soil, and that in SO
clear case it was hardly necessary to re-enact
the will of God. So we would say with regard
to all the Territories. Southern slavery will
not go or stay where it will not pay
and it will not pay in those cold latitudes
the products of which yield too small profit per
acre. and the climate of which cuts off too much
Of the year and exacts too much Of clothing aud
fuel to make the labor of the tropical negro re-
manerative.
We dare say, in conclusion, that the Kansas
policy Of Mr.. Buchanan will be shaped upon this
combined policy Of Territorial non-intervention,
Congressional nonintervention, the laws of eli
mate, soil and productions, the physical laws of
the white and black races, and sovereign State
Jurisdiction. Upon this policy he will demolsh
our Southern 6re-eaters, break down and dspcrse
the republican party and their offensive policy of
the Wlmot proviso, and re-organze the demo-
cratic party upon solid, substantial and con-
sstent platform. We have no doubt that under
this policy Kansas will become free State; and
this co1summation. thus secured, will take the
main plank from under the feet OF the repubii-
can party. Let US await the new administration.