The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-10

November, decide in favor of the Cincinnati
nominee for the Presidency, and of the Nebras-
ka platform on which he viii be placed, and
this lurking assumption viii be boldly pro-
claimed-the condition viii be proved by the
Slave Power, to have been appended as a COM
plete check on Popular Sovereignty" to
restrain it from hostile action against Slavery.
What, then, is this condition? The People
of Territory may form and regulate their
domestic institutions in their own way, "snb-
ject only to the Constitution Of the United
States" VIII the People bear in mind that
when the Kansas N ebraska bill was under dis
cussion, repeated attempts were made, in both
Houses of Congress, to extract from the sup
porters of the bill, specific declaration of
what they meant by this peculiar limitation
to procure some vote by which the majority
would say authoritatively whether the People
of Territory would have the right, without
violating it, to legislate for the prohibition OF
Slavery-but all in vain. The constant reply
was, "That is q judicial question-if they
have such power under the Constitution, the
bill recognises it; if they have not, the bill
does not recognise it. 1t leaves them at perfect
liberty to form their own domestic institutions
in their own way, subject only to the Const'tu-
tion of the United iStates-and is not this linn
itation reasonable"
Observe again: the Slave Power first secures
the policy of Non Intervention by Congress, as
a matter of compromise in a particular case J;
then it suddenly raises it to the lerel Of a
Principle required by the Constitution, and OF
unicersal application; then, for the purpose OF
inducing assent to this new doctrine, it con-
cedes in general terms the doctrine Of Popular
Sovereignty, or the right of the People of a
Territory to determine their own institutions,
but, with a condition intended to exclude Stare
ry from the scope Of their poUer!
The Next STEP
What, therefore, will be the next step of the
Slave Despotism, should it succeed in the COM
ing Presidential election? Precisely this
Non Intervention 10Th Slarery IN Territories,
not only By Congress, bit by THE PEOPLE OF
THE TERRITORIES! This doctrine is held by its
advocates to be embodied already in the con-
ditional phrase Subject only to the Constitu-
tion Of the United States" The Constitution,
they say, recognises Slaves as Property. The
Territories are for the common benefit of the
People of the United States, who may carry
their property, of any description, into any por
ton of them, and it is protected by the Consti-
tuition, SO there can be no interference with it,
by the People or Legislature of Territory,
except to protect it. This is what is meant by
the phrase, determining their own institutions,
subject only to the Constitution of the United
States.
We need not appeal to the declarations made
in the last Congress on this point During the
contest for the Speakership of the present
House, debate sprang up on the Principle of
the Nebraska bill, during which the Hon.
Humphrey Marshall announced the following
opinions:
81 do not believe the Constitution has con-
ferred upon Congress the power to prohibit
Slavery in the Territories by legislative act.
do not believe that the people of Territory
of the United States, through the Territorial
Legislative Assembly, and pending the Terri
torlal Government, possess the power to pro-
hibit Slavery in the Territory. l believe that
the Territorial Government is the creature of
Congress, and that the people who live in such
q Government must necessarily abide by the
limitations imposed upon it by the authority
which created it and sustains it. The institu-
ton of civil government in the Territory is the
act of Congress; and, by such act, Congress
declares how the departments of the Territorial
Government shall be divided, vesting the ap-
pointment of some officers in the President Of
the United States, whilst others are to be ap-
pointed by the people of the Territory-the lat
Ter poicer Of the people being a grant from
Congress. Congress might institute the Gov
and has done so, excluding the people
from all participation in the choice of officers.
believe that all the powers the people of
Territory may exercise, Congress can exercise,
and that such people cannot exercise any more
powers than Congress chooses to allow them
TO exercise; because the stream can never rise
higher than the fountain. That is my position"
Ex-Governor Smith, of Virginia, also remark
ed
off / had supposed there was any one opin-
ion more universal than any other in the South,
it was the opinion that Territorial Govern.
ment, while it remained in state of infancy,
has no power either to admit or to prohibit Sla-
very within its limits. say that this Congress,
his Government, having no right or power what
ever to admit Slavery or prohibit it in the Ter.
ritories, has no right or power to delegate that
power to the Territories themselves"
We have learned from various quarters that
his question will come up for discussion du-
ring the present session of Congress. Senator
Prouo ;f mo ,o;,toLo MT bo, oJun.Ju -
pared himself to present the Southern view
to argue that property in slaves, like every
other kind of property, may be taken into any
Territory of the United States, and held there
under the guarantees of the Constitution-that
the Federal authorities and the Courts are
bound to recognise it, whether there be Ter.
ritorial law for its protection or not-and that
neither the People nor the Legislature of
Territory can pass any act to impair it. On
the other hand, we have heard it limited that
General Cass will meet this view in an argu.
ment, in which he will contend, that Slavery ex.
lists alone in virtue of positive law that it can.
not exist in United States territory unless in
virtue of Territorial legislation, and that the
People or Legislature of Territory has the
right to admit it, regulate it, or exclude it, ac-
cording to its own good pleasure.
From what Height to what Depth
But we can tell the venerable Senator, such
an argument, while it will determine his fate,
will not decide the course of his Party. The
position of Senator Brown is that held by tho
Oligarchy; and, should it sue
coed at the coming election, it is the position
the Nebraska Democracy will be next com
PEELED to assume. A party that has placed
itself under the Guidance IF fba CIoco Do,xo,