Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1857-02-21

81 have shown that the legislative, executive
and Judicial departments of the Government have
recognized in the most solemn manner the prin-
ciple that the Territories are under the absolute
control of the National Government; that BY
Congressional enactment Slavery may be exclud-
ed therefrom, and that new States can only be
formed in the Territories subject to such condi-
tons as Congress may prescribe. The afirmance
of this power under the Constitution by the
greatest names of the Republic, officially express
ed in all its departments, has been stamped into
the adamant of the past there to remain forever"
Under these sanctions l repeat my PROPOSE
tions, that Slavery may be excluded by this Gov
eminent from its Territories that such restric-
ton is constitutional, and may be rightfully as
serted as condition precedent upon the institu-
,ion of new States and their admission into the
Union"
81 conclude. therefore, that the Territories are
not under the dominion and sovereignty of the
States Sererdiiy; that the exclusive dominion and
sovereignty them is in the United States, and
can be exercised only by Congressional enact
ment and that the new States within the Terri
tories can only be formed by and with the consent
of the National Government. The people OF the
Territories may form State Constitution, but
unless 1t be approved by Congress no State Is or
ganzed the Constitution so formed is a nulity,
and the inhabitants remain subject to Congress
sional legislation. They can never become a
State but pursuant to such conditions as the ma
tional will may impose, and that will is limited
BY nothing but the Constitution. The Constitu-
ton is based upon the EQUALITY OF the human
race. In the words of Washington, 1t is COM
pletely free in its principles" State formed
under the Constitution, and pursuant to its SPIRIT
must rest upon this great principle of EQUALITY.
Its primal object must be to protect each human
being within its jurisdiction in the free and full
6 l., lriu
OF conventional rights are subject to the control
of the majority; but the rights of human nature
belong to each member of the State, and cannot
be forfeited but by crime"
50 Ii necessarily follows that neither Slave stat
utes nor Slave constitutions can be made opera
tive within the Territories, without the sanction
and approval, express or implied, OF Congress.
The President himself comedies this the past
legislation and contemporaneous history OF the
Constitution prove it. Disguise it as you may,
the question which shakesthe Union to-day is not
whether Congress may govern the Territories,
but HOW Congress may govern them? Inc ques-
ton is, whether Congress shall govern the Terri
tories in the spirit Of the Constitution, and I'M
pose such ''statute restrictions upon the instl-
tuition of new States therein as will require the
people thereof to conform their local institutions
to the Constitution, and base them upon the
broad American, republican principle of absolute
equality; or whether, by the sanction OF Con-
gressional enactment, by force of Con sressionai
law, the people of the Territories shall be "per
fecty free - to organize their local governments
upon the narrow, proscriptive unequal principle
of ABSOLUTE DEsPoTIsM?
81 deny the constitutional right of any class
of men, from any State of the Union. or from
any quarter of the globe, to establish such gov
eminent within the National Territories, under
and by force of the National Constitution, be-
cause such government IS subversive OF the
great objects for which that Constitution was or.
damned, and volatve of its spirit. Who will say
that it is within the spirit of the Constitution to
establish and perpetuate within our Territories the
hated rule of tyrants, that might give right that
the few may govern the many; that the strong
may Justly rob and Cypress the weak? And
who, as the representative of the people, and un-
der his oath to the Constitution, will sanction
such tyranny by solemn act of admission into
the Union..?"
60 1t must be apparent that the absolute equal
ity of ALL and the equal protection of each, are
principles of our Constitution which ought to be
observed and enforced in the organization and
admission of new States.