The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-03-28

n RUE unu rSuiation which shall prohuis
Slavery from any Territory, we find moth
ing in the Constitution which removes such
a prohibition from the sphere OF its authors
ty. The power Of Congress over the Terri
tories Of the United States is rs complete and
as full as that possessed by any State Legs
lature over territory belonging to that State;
and II the latter may prohibit Slavery with
in its territory, 80 may thcformer also.
Ii has been urged, we are aware, that the
rules and regulations which Congress is au-
thorized To make respecting the Territories
are restricted to them regarded as property
and that this clause Of the Constitution con-
fers no governmental power over them what
ever. But this cannot he 50, because it Is
under this clause that Congress does govern
the Territories-that il organizes their Gov
ernments, and provides for their ultimate
admission as States. There is no other
clause of the Constitution from which this
power OF government can b. inferred as II
unquestionably exists, therefore, il must rest
upon this provision. But from whatever
source IL may be derived, the authority to
govern necessarily implies the right to de-
eide what policy and what laws will best pro-
mote the welfare of those on whose behalf
the authority is exercised. If Congress-,
therefore, believes that the well-being Of the
Territories and of the country at large viii
be promoted by excluding Slavery from
them, il has, beyond all question, tho right
thus TO prohibit and exclude it.
This view of the authority cf Congress
over the Territories Of the United States is
sustained by other clauses Of the Constitu-
ton. In the ninth section Of the FIRST arti-
Gle, il is declared that " the migration or
importation OF such persons as any of the
States ROio eriStiRg may think proper to adj
nit, shall not be prohibited by Congress
prior to the year 1903" This is not
grant Of power. On the contrary, it is q
restriction imposed upon power assumed to
exist. The language of the clause takes il
for granted that Congress had power to pro-
hibit the migration and the importation of
slaycs-a power doubtless conferred by the
authority ito regulate commerce with for
eign nations and among the several States :"
for, whether slaves are to be regarded as
persons or us property, commerce OF necessi-
ty relates to both. This clause of the Con-
stitution, therefore, imposes upon the au-
thority Of Congress to prohibit the migra-
ton or importation of slaves specific and
limited restriction namely, that this
power should not be exercised over any of
the States then eniStiRg, prior to the year
1908. Over any State not then existing,
and, by still stronger implication, over any
Territories OF the United States, the exercise
of its authority was unrestrieted; and 1t
might prohibit the migration or importation
Of slaves into them, at any time, in its own
discretion.
Nor do any considerations connected with
alleged rights of property ia slaves contra
yene the existence or the exercise OF this au-
thority. The Constitution does not recog-
nizc slaves us property, in any instance, or
TO any extent. In the clause already cited,
they are called "pcrsons." In the clause
respecting their escape into other States,
they are to h. returned, not as property,
but us 81 persons held 10 service or labor.
And in the apportiOnment of representation
and of direct taxes, il is provided by the Con-
stitutiOn that 10 the whole number OF free
persons arc 10 DO added three-ffths Of all
other persons. In all Its provisions
which have reference to slaves, they are de-
scribcd and regarded as persons. The idea
of their being property is carefully and in
tcntionally excluded. If they arc property
at all, therefore, il is not by virtue Of the
Constitution, but of local laws, and only
within their jurisdiction. The local laws OF
any State are excluded from the Territories
of the United States, by the necessity of the
case as well as by the exclusive sovereignty
conferred upon Congress.
TUE PLEA OF POPULAR SOVEREIGNTY.
Failing thus to establish the right Of the
STAKEHOLDER TO carry his slaves rs property,
by virtue of the Constitution, into territory
belonging to the United States, the slave
holding interest has been compelled to Claim
for the inhabitants of the Territories them
selves, the right to provide for excluding or
admitting Slavery, as right inherent in
their sovereignty over their own affairs
This principle of popular sovereignty, rs il
is STYLED, was embodied in the bills for or
ganiling New Mcxi and Utah, and is made
the substitute for the prohibition of Slavery
in the Missouri Compromise, which 1t re
pealed; and the slaveholding interest is now
sustained by the Federal Government in this
new position, as il had boon in all the posi-
tions it has SUCCESSFULLY assumed. The
principle of popular sovereignty is funda-
mental in our institutions. No one doubts
that the people are soyereigns over all the
Territories, us well rs over all the States of
the Conftdercy. But this sovereignty is
subject 10 limitation and definition, and can
only exist within the limitations OF the Con-
stitution. The people are soyereigns in the
House of Representatives; but their sOyer-
eighty may be oycrruled by the Senate, or
dsitated by the veto Of the President. The
States are sovereign; but only within GER
tnin limits, and in suborlinatiOn to the SOW
creignty of the nation. Two sOyerelgnties
over the same country, and ON the same sub
icct, il is manifest, cannot co-exist; one
must of necessity exclude the other. But
the Constitution, in express and unmistaka-
Bile terms, makes Congress sovereign over
the Territories, by comforting upon il power
to make " al needful rules and regulations
respecting them" The doctrine OF popular
sovereignty in the people of the Territories
finds no warrant or support in the Constitu-
ton. In the language of Mr.. Calhoun, at
involves an absurdity; if the sovereignty
over the Territories be in their Inhabitants,
instead Of the United States, they would
cease to be Territories Of the United States
the moment we permit them to be inhabit-
ed" 81 long US they remain Territories,
they are the possession and under the exclu
sive dominion OF the United States; and it
is for the General Government to make such
laws for them rs their welfare, and that of
the nation, may require.
We deny that Congress may abdicatc u
portion of It's authority, and commit to the
Inhabitants Of Territory power conferred
upon il by the Constitution. Such an alb
dication Is an abandonment Of duty, and
cannot be justified ON tho pretended prinei-
pie Of popular sovereignty. atprinciple,
indeed is DISCARDED in the very act Of Con-
greSs IN which il IS claimed TO be embodied.
IL sovereignty exists, it must be exercised
through the organized departments of Gov
ernment-the legislative, executive, and ju-
dicial But the act TO organize tho Terri
tories Of Kansas and Nebraska, prcscribcs
the requisites Of citizenship and the qualifi-
cations Of voters, conftrs upon the President
and Scnatc the appointment Of a Governor,