Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1856-10-14

Iuliy possess. III ositcI H9iuS, ~ o>otS :?
upon the people oftlie Territory the soy
ereign right that pertains to the citizen OF
theState Of which be, is the citizen Of
his State, is the representative inthe terri
tory to which he emigfates. Hence II
Congress deprive the citizen OF any State
of the right of emigrating to the Terri
tories with his Slave or whatever other
property he may hold in the State from
which he emigrates, then Congress
usurps a power not delegated to any leg
Iislatiye or judicial authority known to the
Constitution. Of this usurpation of
power the Missouri restriction is an ex:
ample.) If Congress delegates such
power to the people Of territory COM
monty called "squatter,' . then it conters
upon them sovereign power : confers
sovereignty upon squatters. In other
words, "Squatter Sovereignty -,
If Congress Limits the Legislative power
of the ''squatters" Of people of the Ter
|ritsry, reserving to itself the right to su,
Ipervise the Territorial Legislation, then
lit confers no soifereignty; for that is not
sovereignty over which another legisla-
tive power retains the right of revision
and repeal Al f. H..
4 If Congress con ers upon the people
of the Territory Legislative power, as
isdone whenever Territory is organized,
and subjects that legislation to the Con-
stitution of the U. States, then it leaves
the legislative power of the !Territer y
where the Constitution has left it, and
precisely where thought to be left. The
words of the Kansas Nebraska Act ar e:
"It+ being the truq intent and meaning OF
this act not to legislate slavery into any
Territory or State nor to exclude it there
from, but to leave the people thereof per-
feetly free to frame and regulate their
domestic Institutions in their own way,
su5ject only to Mel Constitution Of Mer Uni
ted States" = -
Hence, under this, the first construc-
ton of the Constitution, the Kansas-Ne
braska Act does. not confer Squatter Sow
ereignty on the people Of the Territory.
And any citizen, deprived Of his tights
in the Territory, has right to cali on
the Executive to protect him. !:
Again another construction Of the
Constitution is this: That the Supreme
Court of the United States is the proper
Jurisdiction to decide the rights Of the
people to hold Or not to hold slaves in the
Territories. Hence, that if Congress
prohibit slavery in the Territories as was
done by the Missouri restriction) it is
usurpation. Itother words, it takes from
the Supreme Court the control of sub.
| ject over which that Court has paramount
Jurisdiction. Hence, if Congress con-
Efers upon the people Of a Territory SOW
ereign power, and thus withdraws from
the Supreme Court its jurisdiction over
the rights of the people of Territory,
then Congress confers upon the people,
l"squatters," Of the Territory sovereign
power. In other words, "Squatter Soy
Iereignty." :: ~, III 70
This cannot be the effect or intent Of
the Kansas. Nebraska Act, because it sx-
pressly leaves 'sthe people Of the Terri
tory free to form and regulate their own
Institutions in their own way, subject only
to.the Consultation efths United States"
Which, under this the second construc-
ton Of the Construction, leaves the Su.
preme Court the paramount right to re-
wise and repeal the laws Of the Territorial
Legislature, if it has that power by the
Constitution. 1t, being Under this con-
struction of the Constitution, the su-
preme arbiter Of the Constitutional rights
Of the people Of Territory, may revise
and repeal whatever laws conflicting, in
its Judgment, with the Constitutional
rights of the citizens of the United States
in the Territory. - III.
Another and the last contraction of the
Constitution of the United States, is this:
L
That Congress. may prohibit slavery and
exercise supreme Legislative power in the
Territories, and refuse a State admis-
sion into the Union for any cause it, Con-
gress, may deem Objectionable. That
the Legislation Of Congress is paramount
to the rights Of the States in the Territory
and to the Constitution of the State form
ed out of the Territory, and hence, also
paramount 10 the jurisdiction Of the Su>
preme Court This principle and this
construction was recognized and sanction,
ed by the Missouri restriction, called
Missouri Compromise, and was repudia,
ted by the Kansas Nebraska Act. The
assertion of this construction by Con.
gress is usurpation. In other words,
when Congress legislates in thiswise il
assumes To itself supreme and paramount