Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-02-27

.bot ooo ersora maintain the opinion that the Leg
slature OF Territory can prohibit slavery whist
others maintain that cannot bu, that mol because
of any difference of construction placed on inc oi
but onIy difference of opinion as TO how judicial
question arising not under the bill, but under the
Constitution of the United States will be decided by
the Supreme Court.
The bill leaves the people free 10 regulate their
own domestic institutions in their own way, suDect
only to the Constitution of the United States" The
friends of the bill all agree that this clause releases
tae Territories regards their domestic institutions
from congressional control, but leaves them TO De
controlled by the Constitution They agree mat
they are authorized to regulate them not only in such
manner, but also al such time as may not be lncon-
sistent with the Constitution And they agree that,
if question arises either as the character of any
particular regulation, to the competency OF the
Legislature 10 make it, it is judicial question to go
to the courts and be decided not by reference to the
bill for the bill contains nothing about it, but &C
cording to the principles OF the Constitution. up to
this point there is disagreement the friends
of the BILL and all agree that at this point the bill
stops.
The question remaining 10 be decided is, whether,
according to the principles of our Constitution. a
Legislature Especially of inchoate Territory can
make fundamental regulations abollshing existing
rights of properly already vested in individuals I'M
der State constitutions. admit that this point
there is difference of opinion, but all willing to
abide by the decision of the Supreme Court; and as
the Kansas and Nebraska bill throws no light on it,
and pretended to decide it, the gentleman from
Kentucky might as we'll charge with differing In
construction of act referring a case to the
Court of Claims, because we may differ in opinion as
TO how the Court ought 10 decide the case.
Gentlemen on the other side ask tauntngly
what opinion the President elect ertains on these
points, | undertake to say, without having any
special knowledge the subject, that he CONSTITUTES
the Kansas and Nebraska bill as and all other De
ocrats construe it. What opinion he entertaIns on
the judicial question, do not know it is not impor
anl for the country to know; and gentlemen are
probably doomed to remain in ignorance, as the Ike
Culive is restrained by the fundamental principles OF
our Government from endeavoring to influence, by
the insruson of his opinions and Wishes the action
OF the judicial department on question pendlDg or
likely to be brought before it.
| can tell genlemcn, however, what think The
Supreme Court will decide; and as we have been so
emphatieay challenged from the other side, feel no
hesitation in doing If the result should prove ne
TO be in error ii will only prove me to be, what the
clients of much better lawyers have often to their
sorrow -four them to be, falble in my judi ment of
the law. My opinion is, that the Supreme Court will
decide that the establishment of what shall be- and
what shall not be, propery-who shall be citizens
and VI no shall be slaves, part of the original COM
pact under which individuals enter into society that
that original compact must precede and does create
government, OF which Legislature is but one OF the
parts; that this original compact must be made by
composing the society in their separate original,
ereign character. In England it is unwritten and
undigested. 1t is found in Magma Charta and the
Bill of Rights resting in traditions and alluded to in
acts OF Parliament; a1loms announced by popular
leaders and embalmed by popular approval; the tu
multuous demands of rebellious masses, and the re-
Iuctant assent OF humbled kings-al spread through
the history of thousand years. Such is the original
compact of England, unwrtten and unsubscribed, yet
pact known 10 her statesmen and binding her rulers
This shadowy and mythical thing The original com
pac establishing the gifts of property and the rea
tons OF man to man and the Parliament of England the
Supreme Legislature of the Kingdom, dares not alter
one OF lis provisions usurp of The prerogatves
of those who established it. In the United States the
original compact is set forth in written Constitutions
accurately and exactly setting forth the powers to
be exercised by Government, by the Legislature, by
the Executive, and by the Judiciary-whch with
constitute the Government. The basis of our whole
system OF repubcdnlsm is, that powers not specially
granted reserved to the people, and that changes
of the fundamental policy of State ca only be made
by TIC people themselves IN their sOveign capacity,
through representatives specially elected for that pur-
pose. No one has ever attributed to Legislature
IN this country sovereignty, right to do what it
wills. Alter the Constitution has declared that
particular object-as land-shall be subject to be
appropriated as property, ii is the province of the
Legislature 10 provide rules for it's appropriation,
to regulate the incidents of such appropriation and
TO protect and secure the possessor in lis enioyment
But the Legislature that should assume 10 declare
that land should no longer be appropriated to the
separate use OF Individuals but should be free air
TO every one who should choose to get upon H. would
he laughed at as aiming to transcend its powers. A
Legislature cannot, except on special grant of
power IN Constitution, exercise any Of those powers
usually considered as making up the aggregate of
sovereignty, much less control and regulate al
It's WILL and annu the rights of property, the estab
ilshmen of which is supposed to be the first act of
man indicating that he is emerging from bal barism
may be reminded that States of the Union have
abolished slavery by legislative enactments Such
enac'ments by States may be constitutional incline
to the opinion that they not where the coDstitu-
uon OF the Slate does not specially grant power But
the assumption OF such power by the Legislature
OF sovereign State, Sovereign as 10 the domestic
concerns) deriving its authority from Constitution
framed by the people, mgh be sustained without its
following that the power belongs to Territorial
Legislature which derives the existence and all it's
powers from an act OF Congress- constitutes part of
government never sanctioned by the people, comics
sedy temporary in its character, and liable be al.
tered or abolished al any moment by act of Congress-
and possessing no more of sovereignty, and less of in
dependence, than an ordinary moneyed corporation
That such a body possesses power TO annul rights
OF property acquired and held under the common
law and constitutions of fifteen States of the Union
appears TO me proposition too monstrous to be en-
tor moment in nation not prepared to
revert to barbarism and anarchy.
his is not question of the respective powers of
the State and Federal governments. 1t is question
OF the relative and respective power of the Legislature
on the one side, and the sovereign people the her
1t is conflict between the constitution making power
and the law making power. On the one side are STA
bity, security. conservatism the other are change
chaos, and agrarianism.
If it within the scope of the legislative CIR
to abolish slavery, then what gentleman are pleased
TO call squatter sovereignty is thing in the
Government.
The bills organizing territorial governments in
Utah and New Mexico, for both of which | believe