The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-13

IMPORTANT FROM WASHINGTON.
JUDGE DOUGLAS ON KANSAS.
.N~>>~~>>->~~>--~~>~~->~~.~- s. 4ff 1Fa q /
REPORT Of THE SENATE TERRITORIAL COMMITTEE.
q a& roS~>.>@~~.'s>>~o,~~>O~>~>~,3 ~ t5 aHfH
Fewer or the General Government T. Estah-
lish Territorial Organizations.
History and Review Of the Origin and Progress
Of the Kansas Difheultles.
PTesident Pierce Having Already Full Power,
Must Shoulder the Responsibility.
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NO APPROPRIATIONS 10 BE GRANTED EXCEPT UPON
ESTIMATES PROPERLY FURNISHED
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The Democratic Platform Of 1855,
DO, &c., DO.
1HIRTY-FOURTA CONGREsB.
FIRST SESSION.
!xhe Democratic Platform Of 1855,
30, DO, DO.
1HIRTY-FOURTA CONGRESS-.
FIRST SESSION.
senate.
WASHINGTON, March IL, 1855.


senate.
WASHINGTON, March IL, 1855.
THE KANSAS QUESTION
Nh. DOUGLAS, (dem.) Of ILL.,, hom the Committee
Territories made q report Kansas matters and pro-
seeded TO read IT, IS tollows:--
The Committee Territories to whom was referred
much Of the annual message of The President of the Un
ted States relates to Territorial affairs together with
his special message ofihe 24h day Of January 1885, In
regard To ksnfas Territory and his message Of the 18th
ofFsb,ussy IN compliance With resolution Of the Sc.
nate Of the 4th Of February 1885, requesting transcripts
Of certain relative affairs of the Territory
Kansas having given the same that serious matars
deisberaton which the Importance of the subject de-
msDts reg leave to enbnit sbe following report
YoOr committee deem this appropriate cccasion 70
state b.ey but eigtirciy the principles upon which
States may DO admitted ana rsrritpisa organzei
under the su boisy of the consultation of the iAd
States.
The constitution Cecsou 8, article A. provides that
new saas nay he admitted by .hs Congress into this
Union,n
Section 8, article L.
srefs shall have power 70 make all laws shall be
nsse.sar ana Rropss for carrying into execution the
the toysrnnsn, OF The United States department
10tb smendm emit
Hhs mot delegated the United State. By he
Mates respectively or To the people.
State Of the federal Union is sovereign 20 wer,
Knitted only by the cnnsttution of the United States.
The limitations which that instrument has Imposed
lew, specific and uniform, applicable alike to all the
States old sLd There is authority for p1tting
restriction upon the sovereignty Of new State which
the constitution has net placed the original States
Indeed if spch res riction could ba imposed any
State 1t vould instantly to be State within the
sIcs
Of the inequality would assinlate to the condition Of
province or dependency. Hence, equality ong all the
States ef the Union fundamental principle in fde
Iatiye system-a principle embodied in the constitution
the be sis upon which tie AIneri:an Union rets.
Ahcsn slavery existed in ali TIE colonies, under The
con Ct the British government prior to the Declare
tim Of mde pendence. When the constitution Of The
Unhed States adopted 1t e,ame the supreme law
and bond Of union between twelve savsholding States
and non-slaveholdirg State. Each State reserved
The right decide ths question slavery itse-to
continue 1T as do,Desi institution long pleased
and to abolish it when 1t chose In pursu Of this
reserved right Xix ct the original ssvahoIdng States
have since sooshed and prohibited slavery vi hia their
Brot respective y without consulting Congress or their
eter Satss while the other six have retained and sus.
taired it "a domestic Institution which In their pinon
had become so firmly epgrafed their social taat
sbe relation between the master and slave could not be
dssoved with safety TO eisker In the meantime eigh
teen new States have been admitted into the Union in
obedience to the federal constitution, equal footing
with the gnal including of course the right Of
each t. decide the question OF slavery ITSELF In de-
Gliding this question: it has happened that nine Of
these new States have abolished and prohibited slavery
while the other nine hsve retained and regulated it,
That these States the time of their admiss
and s'i retain equal right under the federal o,.n
tuition with the original States to decide all ~
domestic policy for themselves, including ,b.s !, A,r,c,n
slavery, ought not TO be seriously .s.,o.a "a -.
tainls cannot be successfully COW .-..a
They are al subject to the ..us sunrame law which
- VIC 'on'en' VI vac eoastitu es the only limitation
upon their sovere' "a srtso,itv.
- tae right to admit new States enumerated
Anone - powers expressly delegated Ia the consitu-
tor the ucuiou arises whence des Congress- derive
tnoftosy 70 organize temporary governments for tho
rerrioisss preparatory to their admission into the
Union equal footing with the original StatesS Your
Committee not prepared to adop. the reasoning
which ded the power from that other clause Of the
consultation which says:-
Copere shall have 10 dspose Of and make all nesd
fu and eguatona Respecting the territory or other pro-
perry belonging TO the United States
The language Of this clause il much more appropriate
when applied to property than to PERSONS It would
TO have employed for tie purpose OF comforting upon
CoDgrs the power Of dsposing OF the public lands and
other property belonging to the United States and to
make all edul rules and regulations for that purpo
rather than 70 govern the people who might purchase
those lands the Uni cd States and residents
thereon. The word territory" appropriate
preston to desenats that large Of public lands Of
which the United States had become the by virtue
of the revolution and the cessons by the several States
The additional words or other property belonging to
the United Sates clearly show that the term "terri
toy used 10 its ord nary geographical sense to de-
sgnate the public domain, and not pvs of tho
whole bc6y of the people, itung distinct politics
eormuDy, who have representation 10 Congress- and
consequently voice In making the laws upon which
IN their rights liberties would depend lie co.,
ceded that Congress- had the general and unlimited poHer
TO maize all needful rules and regulations concerning
their internal affairs and domestic II is under
this Ct tbs consituon, and from this Alone that
Congress- derives authority to rrovcs for the surveys OF
the public lands securing presumption rights to the
the actual settlers for the establishment of land offices
in tie and Territories for exposing the lands
TO private and public sac, for issuing patents and
frmrg titles and, in short for making all needfu rul
and regulations or protesag and dsposlng OF the public
don sn ard other property belonging TO the United
States.
Those peeeful rules and regulations may be embraced
and usually are formed in general laws applicable alike
to satea and Territories wherever the United SAFES may
- the Of the lands other property to b regu
LATED or disposed Of Il can make no difference, uodsr
this clause Ct the constitution, whether tho terrtory
other property beor gng to the United StAte shall
be situated in Ohio Kansas in Alabama Minnesota
in California or Oregon tho power OF Congress- to make
needul rules and regulations s the in the States
and Territories to the extent that the title Is vested Ia
tie United States usgnuch as the light OF legislation
ir such cases rests exclusively upon tie fact of
ship IL ohvicua II can extend only to ruch tracts Of
land to which the United States possess Che title aud
must 10 repect TO each ftat the icstart 1t bs-
comes private property Is purchase from the UNI ei
Eatee. II will scarcely be contcrded that Congress
sceses the power 70 icgisla.s FOX tho pee :, -.
sates in which public lands may ts Heated in
to their inernsi adairs and dome |'o cs,.er,, 49,,
hoa.nsa The Irnitnd Slatnn 1rap h. -. -, Wv!