The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-05
Kansas-The Philosophy or squnttcr sove-
rcignty.

BORDER RufFIAS CONSTITUTIONAL ARGUMENT.
From the Journal oicommer,e, Aug 4
KANSAS ATFAIRs.-lt has suited the purpose OF
the seetionaiiss to diuse the impression that the
design Of the Kansas Nebraska Ibl was 20 extend
the area OF slavery and some have had the erontery
to assert that by Its provisions slavery Is established
In all the Territories OF the United States. In
making this assertion they doubtless net upon the
principle that "a lie well stuck to Is good the
truth: for they know full well th 1t the only portion
OF the Kansas Nebraska bill whi:h contains the
ton, distinctly proves the falsehood of their
ton. The concluding portion OF the 32d section ex.
pressly provides
That he constitution and all laws Of tie United states
which locally napplcablc shall have the same
force effect within the said Territory OF Kansas
elsewhere within the United States, except the eighth
section OF the act preparatory TO the admission OF Mis-
into the mon, approved March sixth, eighteen
hundred and twenty which being inconsistent, with the
principle tf Intervention by Congress with slavery
IN the states and Territories as recognized by the
legislation Of e htecn hundred AM atty, commonly caef
the compromise measures. vs. hereby declared nopera
tive and tcd being the true intent and meaning Of this
act not TO legslae slavery into any Territory or state
nor TO cxcr de II therefrom. but TO leave The people
thereof perfectly free 10 form and regulate their domestic
institutions In their way, subject only 70 the cgns,
tuition Of the United states; Provided that nothing here
contained shall We construed 70 revive put IN force
any law or regulation which may have existed prior TO
the act Of the sixth Of March, eighteen hundred and
twenty, either protecting, establishing prohibiting, or
abolishing slavery.
II would puzzle subtler casuiss than the abolition
republicans to torture this language into anything
tending, even indirectly, TO the establishment OF
slavery in the Territories II II be conceded % we
suppose IL must that Congress had the power 81
permit prohibit slavery In the Territories, II was
evidently competent to that body TO delegate that
power TO the people; and IL the constitution vested
no such power in the national legislature then 4 i
equally manifest that they could not confer that
which they did not possess This position cannot
lie more clearly explained than in the following ex-
tract from q letter recently written by Martin Van
Buren,
II is too clear 10 admit OF DISPUTE or cav that was
the intention Of Congress cothe the people Of the Ter
,ores with ample power to exclude slavery from within
their respective limits, well while they continued Ter
rtores In making provisions for ts exclusion from
the state when that transition shall take pa,c Toe only
question that be raised upon the act in this regard
must relate TO the effect Of the gran-ths H. whether the
constitution authorizes Congress TO ccthe the people OF
rom while they remain Territories. have not the
slightest doubt Of the q Congress to give thi,
authority 70 the people o. the Territories But it's,
think quite certain that u the objection raised IN behalf
the slave States In respect to legislation for the govern
mcnt Of the Territories Is well founded tina, objection
could be o5vaed either by the restoration OF the
Missouri compromise by the re.adoption OF the old
mode OF settling the question OF slavery IN the Terrific
questions are settled by The act Of The people Of the Terri
tories by the direct Legislation Of Congress- by the
restoration q the Missouri compromise $50 Tar a. that
would reach the validity OF the settlement in each case,
and equal extent, .rcsts upon act OF Congress
aud upon the conshutonsy Of that act aud this would,
course have been the the Nebraska Kansas act
had recognized in terms the subsection OF the powers
| il intended TO grant TO the constitution.
The true intent and meaning Of the act was TO
remove the slavery question from the national
l By Congress, In the people Of the Territory. Had
this wise and equitable provision been allowed to 90
into quiet operation, its opponents are well aware
and so IL every intelligent man in the nation who
has not allowed fanatic zeal 10 get the better of his
reason, that there was no probability Of slavery
l going into Kansas as permanent institution. Il
/ requires but a very superficial knowledge Of the
! climate, geography and characteristics Of Kansas