Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-03-27


Territory belonging to that STATE; and II
the latter may prohibit Slavery within It's
Territory, so may the former also.
II has been urged, we are aware, that
the rules and regulations which Congress
is authorized to make respecting the Ter.
rtories, are restricted to them regarded as
property; and that this clause Of the Con.
stituiion confers no governmental power
over them whatever. But this cannot be
so--because it IL under this clause that
Congress does govern the Terrtories--that
it organizes their Governments and provides
for their ultimate admission as States -
There is no other clause Iof the Cons,itu.
ton from when this power of Government
can be inferred; as it unquestionsbly exists,
therefore, it must rest upon this provision
But from whatever source it may be deriy-
ed, the authority to govern necessarily i'm
plies the right to decide what policy and
what laws will best promote the welfare
OF those Oh whose behalf that authority is
exercised. II Congress, therefore, believes
that the weil-being OF the Territories and
OF the country at large will be PromJ.ed
( by excluding Slavery from them, it has, be-
yond all question, tie rignt thus to prohibit
and exclude is. ~.
! This view Of the authority of Congress
over the Territories of the United States is
sustained by other causes of the Constitu.
ton. In the ninth section of the first ar.
ticle, 1t is declared tn 1t "the migration or
importation of such persons as any OF the
States now existing may think proper to
admit, shal! not be prohibited BY Congress
prior to the year 1908" This is not a
grant of power. Ga the contrary, it is a
restriction imposed upon power assumed TO
exist. The language of The clause takes it
for granted that Congress had power to
prohibit the migration and importation Of
slaves,--a power doubtless conferred by the
authority "to regulate commerce with
foreign nations and among the several
States,"-for, whether slaves are to be re-
garded as persons or as property, COM
merce Of necessity relates to both. This
clause oil the Constitution, therefore, i'm
poses upon the authority of Congress 70
prohibit the migration or importation of
slaves, a specific and u lrited restrictiop'
namely, tina, this power should no. Be
exercised over any of the States then exisf-
ing, prior TO the year 1908. Over any
State not then existing, and by still strong
er implication, over any Territories of the
United States the exercise of its authority
was unrestricted;- ;-and it might prohibit the
| migration, or importation of slaves into
them, at any time in it's own discretion.
Nor do any considerations connected with
alleged rights of property in slaves, con-
travene the existence or the exercise Of
this authority. The Constitution does mol
recognize slaves as 2rope ty, in any in
| stance or to any extent. In the clause
already cited they are called "persons. -
In the clause respecting their escape into
other States, they are to be returned, not
as property, but as "fugitires from justice"
And in the apportionment of representation
and of direct taxes, it is provided by the
Constitution that to the whole number of
free persons, are to be added three-ffths Of
all other "persons." In all its provisio.s
which have reference to slaves, they are
described and regarded as persons. The
idea of their being property Y carefully and
| intentionally excluded. F7they are pro-
perty at all, therefore, it 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 Con-
gress.
| THE PLEA OF POPULAR SOVEREIGNTY.
Failing thus to establish the right of the
Slave holder 10 carry his slaves as property
by virtue OF the Constitution, into territory
belonging to the United States, the Slave
holding interests has been compelled to
claim, for the inhabitants Of the territories
themselves, the right to provide for exclud-
ing or admitting Slavery, as right in
hcrent in their sovereignty over their own
affairs. This principle of Popular Sover'
ignty, as it is styled, was embodied in the
bills for organizing New Mexico and Utah
and is made the substitute for the prohibi
ton of Slavery in the Missouri Compromise
which il repealed, and the Slaveholdine
interest is now sustained by the Fedora
Government, in this new position, as 1t ha'
been in AL the positions it has successive
lv assumed. The principle OF PoPula
| Sovereignty is fundamental in our instltu'
tons. No one doubts that the People arr
soyereipn over all the territories, as vel
as over all the States, of the Confedsracy
But this sovereignty is subject to iimita
ton and definition, and can only exist with
in the limitations of the Constitution. Th'
People are sovereign in the House OF he
preseptatives, but their sovereignty may o'
oyerruled by the Senate, or defeated by tn
veto of the President. The States are sov
ereign:-but only within certain lmias, ant
in subordinatcn to the sovereignty OF IN
nation. Two sovereignties, oVeI the sam
cou.lry and on the sana subject It ID man
ifest. cannot coexi,t:--une must OF neces
sitv exclude the other. But the Consttu
ton, in express and urmistskable terms
make. Congress sovereign over the terrific
riss, BY conIerring upon it power to max
.au needtu rules and regulations. .respectn
them " The doctrine OF Popular Sovereign
" in the people OF the territories hndS n
warrant or support in the Conslitutlon.-
| Ia the language of Mr.. CALHous, "h III
, wolves an assurdi,y: If the sovereignty Owe
|, the territories be N their Inhabitants IL
I stead Of the UaHsi S,i'ssIhe' woui S's'
!, a, be territories of me UaHej. states
one,t ,ys nermit lhsm o. DS lRhduiied.