New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-21
Neip4lprk Daap @bn,te
VHOSHOIID RULE The TERRITORIES!
Popular Sovereignty and State Rights.
JHE DOCTRINE or TRUE DEMOCRACY.
speech Of the Hon. J. A. Bingham
10 the House Of Representatives, January ID, 1851

sideiaiiOn on q motion 10 refer and print,
Hr. BIsGHix said:
Mr. spyAyER; The Presidents Message, now uoder
oonsie eraticn absunds in sentiments subyersiVe OF
tie Constitution, and sanctions and defends poncy
destructive d the public peace ana loJaIos ~ ne
ppbin intertsis And yet the President complains Oh
nai,a,ion. His frieId and advocate, tne genoenau
from Georgia, Mr.. S'epbensl repeats ms complai1L
and cries =" Aeitatitp!' Agitation ihere mas oe7n
sois,i.a genera and universal, among the people IL
ain cont nues and not without csuse TIE President
In nv ut has abused the 1igh trusts committed
a kn; hence the agitation, and that cry OF alarm
among the people Of which be complains. Ii Ia right,
Sir nat tie people raise the CRY Of alarm II night
thai they dgae foi the correction Of abuses )nmted
by tbeu agents and representative believe, with
Burke "Where there atuse there ought TO be eldm0T
because il il better ~ have our sumbers broken By
"tbe fire bell than 10 perish emd the t.mes
The President in this message, under cover OF cum
ming device Of words advances the monsIous proposl
liz that the seversl St,es Of this UEOn az States
have oonsttutonai and tnprescriptib right TO traffic
in slaves not only within lbeir respective limits, but
throughout the National Territories: Having IN
augursied this policy in Kansas, by winch that
il-fated Territory has been subjected TO an 40
,olute tylapny; by which its sill has been cursed
with the manaced foot Of the bOndman, and
stained with the blood Of murder and assdssnd,1on
the President with audaci} unparalleled deprecaee
aytdtiCn and demands scquiescence In this polcy as
Us. test of fidelity TO the CObstitut and ths Union
To enforce this acquieseence as duty, the President
undertakes a oefenee Of the repeal OF what he Terms
the statute ToetTctlOn upon VI bON
Slater ard exposition Of the principles OF the Con-
siutioD and of the rights Of the States under IT. vi
the Ieps al of the statute restriction" by the Kansas
Nebraska act Of 1854, he says:
"Censs e,ssted upon tho subject In such terms az were
moot with the pnncPle OF popular ,oyeesny
which undeBes Government could not have leslsted
tLyise Wi bout doing violence to another great principle
Of or Institution, the imP'eypt'bie right 9 'Taay 81 me
ieCeraI Sdtes"
This "satute restriction upon the institution Of new
StAtes" which was repealed the President tells us was
violstye &C the imprescrptibe right Of equality of the
,eptrdl States 1t is hot the right of the States
that this statute restriction invaded for they were not
in being but the imProcrtptlbe right Of equal"y Of
the sevtrdt States.
What WA tbis statute restriction the repeal Of which
the PresiCebt thus attempts TO defend and Why was 1t
jsinally enacted Ii was the restriction imposed
upon the Extension of Slavery by the eighth section OF
the Get of 1870, commonly called the Missouri Com
prouse and which foTeser excluded Slavery lother-
wise than in punishment of crime from all that part OF
the Louisiana Territory lying west OF the western
boundary of the SAFE Of Missouri and north OF 80 deg
80 min IOIth latitude. This prohibition was 10 Its
terms perpetual. The motives which prompted is en-
actment are apparent The Congress which enacted IL
doubtless felt aud knew that Slavery was suoversVe Oh
tbe ends tf all free government violation OF justice
and of the rights Of the enssved ana contrary 70 tne
spirit of cur free CONSTITUTE N; they also knew that 10
the wrong in which this institution has It's Inception
there was law 10 restrain the enslavement OF gil
GLASSES and races Of men, that the brute force by wblcd
the Inherent rights Of the black race had for centuries
been coven down not likely to be restrained from
mAicDg like cruolies and opprel sons upon the wmte
rsee-hst the violence In which this system IlVee ana
has it's being deaf alike 10 the voice OF justice ana me
cry of the Oppressed whether that cry bdrss from the
crushea heart Of I'm African or an American Hence
the origin Of that enactment IL was hsIhahe Po'ic'
and just.
But, Sir, il was repealed, we are told in order to
maintain inv late the imprescripbe night OF equal
tv of the several States" An mprescnpuble right OF
.9usItv in what In the DO ues and aad souls
OF mem And this right the President tells u.s. rs m-
prescriptibe-Dot 10 be forfeited by non user nor to
be restrained by Congressional enactment aud cock,
ttn,iye with the national Territories. The President
futher tells us that this right sis great principle OF
"our ifstitutionsa constitutional right OF eacn ana
"al Of the States of the UniOn as States, "hcu lns
people by their recent election, have sanctioned ana
II all this be true what mockery for The President
10 tell u.s. be does tell US in the very next line OF nus
message Il at the people have thus proclaimed helr
Considerable and devoted attachment to the Consttu
lion as the safeguard of the righs Of AZ aud as the
"spiyt of the hberiy Of the Republic. The spirit OF
The liberty of the Republic to enslave men through
out II national jurisdiction to cast letter upon me
human eoull to uterpOse the dark shadow OF oPpres
sion between man and his Maker ST. this Is not the
spirit of that bety whi3h God ave to man when lie
breAthtd into him the breath OF HE lhls Is mol Tue
spirit Of that liberty, one hour ct when ls worm
whole eternity OF bondage" This If not the sprit OF
that liberty for which HampdeD and Sidney dled, ana
for defending which Milton was hunted and peIseoded
IN bis blindness This is not the spirt OF ina oerly
for which the great apostles q our race-men OF Wno
the world was not worthy suffered hunger and thist
cold and n,kedness, and endured without fear and
without reproach the jeer of hate the soowl OF power
the gloom of the dungeon, the torture OF the "n7e e
agony the sggot, the ignomny OF the seafioid ana
tie cross.
.bsl not stop to inquire whether the Prefident has
or has not uttered a hagtous libel upon the American
reope by his ment that they have sane Toned
this alleged right 70 eDslave men rs the CONSTITUTIONS
fright Of each and all Of the States as States as the
"sphit Of the hbeity Of the Repubhc' They Will
answer TO that charge themselves, and with more Po-
fsney than can answer tOE tnSn.
Isit true that this alleged imprescriphble night OF
the several States is great principle OF our ns,tu'
tops sanctioned by the Constitution, and upheld oy
tbe national arm Ii this be tue, II affords the reason
OF the Pre- sdents assertion in his message of las: year.
that ibe attempt by congressional enactment Ia pro
hibit Slavery IN the Territories recently acquired from
Mexico was the endeavor TO force the ideas OF inter,
nal policy entertained IN patio aar States upon Allied
Independent States.
With these instructions of the President upon the
Theory of our Government" we can Understand why
il il that the Southern States deny the right OF power
OF Cougreos To exclude Slavery from tue rrit0res
while distinguished representatives oil tne oouln oe-
mAnd Of Congress the repeal OF all restrictions upon
et .fic in slaves hrOug the nausal lursdcuOn,
whether upon the land OF The sea 10 Se sur ;, vac
Constitution provides that Con gress shall have power
TO regulate G mmvrce; and tie power TO regulate lm
phes the power 10 prohibits but the Constitution also
provicts that Congress shall have the power 70 hake
Tall letdiul rules aud regulations respecting TIE terrl-
tory of the United States. The power OF Congress
10 tgsnie in respect of each Of these subjectscom.
meICe and the TerrtOries-is the same genera! ana
e4el.,,re. The word ne,dfnl expressed in the one
gIsnt of power, is irapled in the other Only that
legislation which is HCedtHi is contemplated by the
Constitution I'D either any case only that legislation
which is Eeo6tWi should be tolerated by the people.
If the President be correct II folloE that thee pDF-
en- in Congress bu rut powers 10 be so exercised
as net TO Infringe but maintain this alleged mprescp.i-
bic right of each aid all OF the States as STATS IN WAS
the opinion Of Mr.. Calhoun from whom mAnessiy the
Precedent has taken his political faith Inat hiastn'
d.. vVng fhayff IA