The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-24

the naton-put upon the Kansas Nebraska act
They well understood the salutary fe-restoring in
uence of the great principle of popular sovereignty
ped up in that They felt the danger and they
listened to the muterngs of the storm that broodng
over our common country They voted neither for Kansas
free Kansas slave but for Kansas under the Nebraska
bill for KanSas under the constitution where the Nebraska
bill places IL and Mr. Chairman there is not single ndi
ydual of my constituents know not one-who
would repel insult his common sense the i'm
putation that in voting for that of the
upon which he cast his suffrage at the election
he was the victim of deception, accompce in a
frauda fraud not upon either section but fraud
upon the whole counry-upon the l,32050l democratic
voters in the northern States and upon democratic
and Union national whig voters of the South So long
this uniounded and almost udicrous accusation was com
fined to the lips Of the black republicans abot0niss
this oor only laughed at 1t but when it is stolen
from them and flung in the teeth of the northern democ
racy whether intended taunt to the South
at the North by the representative of southern constu
ency must expose its utter want of TRUTH and repe the
insult it insidiously conveys
Sir before the Kansas Nebraska bill appeared on our
stauebooks the great principle of popular sovereignty
as contradstinguished from congressional usurpaton
other dogma Of democratic faith 1t was as firmly rooted
in the democratic heart of my State opposition to
United States Bank to colossal schemes of internal inn
provement by the general government any of those
obsolete hereses which passed away few years too soon
to witness the dissolution of the party by which they
once cherished Nay, sir when the gentleman from Bal
timore city schooling himself along the banks of the
Potomac as his distinguished and eloquent colleague
sured us few days since this foor by his Hampden
letters in the Alexandria Gazette in defence of the Wlmo
proviso the leading democratic minds and pens of New
York employed in denouncng that unjust
unequal, and unconstitutional and it would
what singular that they should all concuc, though at diff
feren periods and distant places in recommending the
very principle of the Nebraska bill the only true equia
BILE and constitutional solution which could be given to
that irritating and dangerous question AS far back as
February g. l847 the doctrine publicly announced
and ably defended by OF the purest and most pop
uar democratic leaders in the State of New York At this
early period sir in the history of the agitation and strife
which finally lulled into silence, and trust for
in this republic by the passage of Mr. DoUGLAss BILL
we find the following leading editorial published in the
Rochester Daily Advertiser. give this editorial entire
much for the purpose of showing that in regard
the rights of the South in respect of popular sovereignty
and congressional assumption of power whether that
sumption of power take the form of Wmo provso of
travelling board of congressional inqustors the democ
racy Of New York better friends of the South than the
member from Baltimore ctynot for the purpose of
trastng the Wilmotproviso ucubrations of Hampden in
l849 with the sound forcib and constitutional doctrines
editorally published in leading New York democratic
organ in 1s47but to put at controversy which has
long existed relative to the paternity or rather to the SIN
venton" of the admitted democratic dogma of terri
toral sovereignty under the constitution and in accord
ance with the rights Of the several States .
The following is the editorial leader Of the Rochester
Daily Advertiser of February g. ls47:
The WILMor PRovIso-In Difference to an unsettled
state of the public mnd have for the past week permit
ted the WMMor pRovIso to be freely discussed in coll
umus by correspondents opposed to- aud in favor of that
measure while we have stood pretty much aoo from the
subject Our sentiments however, have been plainly
indicated and these be stated with greater dis
tinctness
nnder the influence of their feelings merely that it is quite
impossible to Judge from the tenor of resolves framed and
passed under less OF excitement what will be the
course OF parties when they shall again acknowledge the
dominion of reason and when the sober second thought
shall once resume its appropriate functions Howev
err he that as may we propose to state our views upon
this topic with candor and franknes5.
"We opposed to what is called the Wmot proviso
It appears to as to be contrary to the spirit of federal
compact to the democratic doctrine of Saterghts and at
with the principles of individual liberty in fact
that it only be made effective to the extent conem
plated by means of gross usurpaon of power the
part of the general government In all this may be
wrong but they our honest opinions, and shall
press them fearlessy. #s
"It that too apt to regard Congress
as omnpotentas possessing legitimate power to do what
ever party feeling popular passion may dictate.
"In discussions like this we desire always to recur to
first principles and thence learn whether Congress be
petent the task which the public require at its hands 1t
must be borne in mind that there certain principles at
the foundation of nstitutonsprinci which form
the only bulwark of human literywhich superior in
their binding force to any laws or provisos framed by
IL then, any project be broached inconsistent with
this paramount law, il should be at once abandoned
"Well then, where does Congress derive the right tit
may possess the pow, but searching after the
rg to say that any Territory may not form just such in
sution suit the majority of its c zens provided al
ways and provided that they be not repugnant to the
republican form of government which the constitution
guarantees to every State Moreover that republican
according to the understanding of the trainers of the
sution And inasmuch domestic slavery did exist in
the States which parties to that compact 1t newt
ably follows that that Institution regarded in
consistent with the republican form intended be guar
aned. 1t s think, fairly inferrble from this that
the constitution did not intend to vest in Congress the
right interfere with the local institutions of the peo
pie, under any republican form they might choose to
adopt either in the States or Territories.
But ii may be said that the right required make this
propso effective may be found in that section of cons
tuition which declares Congress shall have oer dis
pose of and make all neu rules and regulations respect
ing the territory other property belonging to the United
States But then the question arises is 1t needfuP to
make any rule regulation in regard to political COM
munity organized territory which the constitution
plainly whhods the power to enforce in regard to the
community when organized State? -..a
But main reliance to prove that Congress has
right TO dictate what institutions the acquired territory
shall adopt is upon that law which is superior 10 all
written constitutions and from which all other laws derive
their binding force So much of that law applicable
the present forcby expressed in Declaration
Of Independence speaking of mans insienable rghts
that sacred instrument says to these rights gov
ernments are instituted among men, deriving their JUST
powers from the Of the governed Now take Cali
ousy the Cdoynians emseuss WE'LL then 1T necessarily
follows that laws government that country
be possessed of powers except II be such as receives
the consent of the governedthat is of the Caornans
and the power exered be NOT just one it is not
rally binding upon the people Is there any escape from
these conclusions2
1Agan ask how the people OF this State pos
of the right egslate for California? Is it really
so2 Or is it only assumed right2 And if we have the
right to impose unalteabe fundamental articles upon
them may they righully impose distasteful uua
terabe articles upon us Is this rule that will work
both ways Dit will work al dH2 Let think of this mat
ter reflect seriously upon ~ and not be carried to danger
ous conclusions by impulse by passion or by party ZEAL