Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-09
WASHING TON NEWS AND GOSSIP.

eStness with which it strives to arrest the torrent
Of popular infatuation at the South, upon the
subject Of Kansas, that so recently threatened to
break into a storm bidding fair to have ruptured
the Democratic party. We write recently, be-
cause it is already evident, we rejoice to know,
that sober second thought has so soon given
turn to Southern popular sentiment which Is
fast reasserting over it the dominion OF the
principle upon which it contended in the late
Presidential election. The cause Of the South
is one of principle and constitutional law. She
cannot afford to abandon either, without losing
she will thus establish, more than she can pos
sbIy gain by the momentary ascendency of any
peculiar line of nominal Southern policy to be
thus fastened for the time being on the admin
tration of public affairs. Being in a minority,
her trust, in the Union, is wholly in the admin
istraton of the law to the letter. and in its true
spirit For her to proclaim by her acts that she
endorses the policy of the violation of the letter
or the spirit of law to the constitutiOnality
and propriety of which she has solemnly sub
scribed, where it may not bid fair to strengthen
her, will be to invite the Northern majority to
follow her example wherever there may here
after be clash between the interests of the two
great sections of the Confederacy. All who
have studied the public history of our country
know well that the great struggle of the strict
construction Democracy Of the South, has been
to prevent the expansion of the tendency of the
North to latitudinous views when and where to
set law and constitutional obligations at def
ance seemed likely to strengthen the North at
the expense of the South, and to advance the
immediate material interests of the North at the
cost of the slaveholding States.
Under such circumstances we are for fair,
frank and full acquiescence in all the conse-
quences of the Kansas Nebraska act honestly
administered as we are now very sure it is be-
ing administered in Kansas, where our friends
the pro-slavery party-have majority not only
in the convention to frame State constitution,
but in the Democratic party convention very
recently, if not at this moment in session there
To believe that those men, who, for nearly two
years past, have waded waist-deep in blood, as
1T were, In defence of Southern rights, have
suddenly turned traitors to their cause, is pre-
pOsterous. And, unless adopting that foolish
opinion, it is worse than foolish to weaken their
hands in these critical times by taking ground
in the Southern States against what they are
doing in our behalf as we'll as their own-for
their future is more Immediately concerned in
their action than ours
But we are wandering from our purpose of
spreading before the STAR readers the pith of
the able article in the Richmond Enguirer of
Tuesday last. That journal contends, with
power and effect, that we are bound to respect
the Kansas n ebraska act, which contains this
clause:
''Sec. 81. And be 1t further enacted, That the
Legislative power of the Territory shall extend to
all righful subjects of legislation consistent with
the Constitution Of the United States &c.
and adds
Such is the tenor and spirit of the whole act it
being the intention AMI policy of Congress to
leave the people of the Territory 'perfectlv free
to form oHd regulate their domestic institutions
in their own way"
Lest they should be embarrassed in the free and
unTestrained management of their own affairs by
the missouri Compromise, Congress, in the Ne
bTaSka- h dnsas act took especial pains to remove
that impeachment by declaring it 'finoperative and
VOID, adding as the reason and explanation of
doing so, the declaration
1T being the true intent and meaning of this
act, not to legisate slavery into any Territory or
State, nor to exclude il therefrOm but 10 Ienrs the
people thereof perfectly free form, and regulate
heIT domestic institutions in their Otcn pay,r fc
Having thus transferred all powers of legisla-
ton to the territOry-to " the territory, in its en-
tiTety, and not to its legislature or any particular
department OF its ACKNOWLEDGEMENTS has from
that day to this abstained from all legislation or
interference in its affairs Ii could at any mo-
ment have expressly repealed or modified its gem
eral grant of legislative powers or tacitly re-
sumed portion of those powers by exercising
them itself; but Ii has never done So and from
the passage Of the organic act of 1854 until this
day, - The Territory' of Kansas has possessed
all powers OF legislation in the territory not in
consistent with the Constitution of the United
States.
Among these powers of legislation. are tbo,e
Tor authorizing Convention of the Territory and
ior framing Constitution preparatory to its ad-
mission as State into the Union. Accordingly
last winter the Territorial Legislature enacted
law providing for enumeration of the inhabi-
tahts, and the election of Constitutional Con-
vention. This law was passed with the know
ledge OF Congress and by its tacit consent In
deed the whole country, except the Topeka faction
within the Territory and the Black Republican
Party at the North, acquiesced in this law and
tacltly sanctioned and approved it,
mus; not only has the entire power over this
SUBJECT been surrendered by Congress to the Te,-
TtoTy, that is to say, the people, Legislature and
Dody POLITE, but the exercise of this power has
been acquiesced in by Congress. The whole
subject matter has been left to the management of
the Territory, and there is no power but Congress
that can interfere to control the manner I'm which
their work shall be conducted; Congress itself
Delns estoPPed from interference by the princi-
pies of the Kansas Nebraska act, and by its ST
fence last winter in the incipiency of this move
ment in the Territory for convention
Thus, the Territory Of Kansas has been clothed
oy congress with the same powers over the whole
subject OF the framing of a Constitution and its
adoption by the people, as it would have over the
subject, II it were an independent, sovereign
state We, in Virginia, they in South Carolina
or Massac husetts, or Kamskatka have no more
Ilght to interfere with US if we were engaged in
framing new Constitution for our own sovereign
State.
The questions whether the Constitution about
TO be framed for Kansas should be submitted 10
the people for ratification or not and, if so, to
whom shall it be submitted-are local questions
belonging exclusively to the Territory TO decide
In the usual forms Gin its own way y
For ourselves, we are perfectly willing to abide
the decision of the Territoryitsel on these aues-
tions, not merely from choice, but because we
could not control the decision If we would
IL cannot be denied that there are two sides TO
Doth OF the questions which are the subject of so
much idle and fruitless controversy outside of
Kansas As to the question whether the Consti-
tuition about TO be framed ought to be accented bv
the people directly from the hands of the Conyen
uon, or should De submitted to popular ratifica-
ton The presidents are various and the arguments
plausible on either side. The first Constitution
OF virginia, which was framed in the troubles of
the TX "vOlutiOn, submitted IN tho NAOMI,