Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-02-05

is restrained By popular sovereignty and State
sovereignty, as the President AVsrs-thsn We
are but the instrument to %sAforcs whatever do
nestle system Of government these high pow
srS may establish in the Territories, even
though it be dsspolism which would make
Nero blush, aud put Caligula to shame.
Can il be that the Constitution Of the Uni.
ted States is this weak and wicked Invention ?
All your territorial legislation disprOvs' il. Ev-
cry organic ACT extends the Constitution and
laws Of tie United States over the Territories.
Your Ksnsas-E Nebraska act does this. The
Constitution, being in force in the Territories,
Is the supreme law. Whatever legislation,
therefore. Of the Territorial government. con
Hiets with the Constitution or the national stat
utSs, is VSid, aud subject 20 repeal by Congress
The compromise acts Of 1850, of which we
hear so much of late, and on which the gentle
man from Georgia [nr. Stsphsnsl takes bis
stand. in terms recognizes the power Of Con-
grSss to prevent the takiog effect Of such acts,
by a simple %disspprOval OftheB.
The President recognizes the force Of the
Constitution, to restrain the exercises Of popu-
lar sovereignty in the Territories, and the pow
sr of Congress to repeal such laws as The SOW
srsigus there may pass in conflict with the
Constitution. He says that he trusts Congress
will see that no act shall remain on the statute
book OF kansas, '~violative Of the provisions of
the Constitution, or subvsrsive ofthe great OBJ
ieets for which that was ordained and establish
ed
Popular sovereignty and State equality cam
not live in the Territories under this power Of
repeal exists, what !. its limit ? Nothing but
the judgement of Congress upon the question,
) whether the territorial acts are ~violative Of the
Constitution, or subvsrsiye Of the great objects
ofits creation ? The objects for which the
. Constitution was ordained are written upon its
r face; aud amongst these objects were the estab-
lishment Of Justice and the security of liberty.
The Kansas acts are subversive Of these objects
they lsgalize injustice, and put liberty in
chains; they deny the right Of trial by jury,
the right Of habsas corpus, the right Of freedom
Of speech and freedom of the press, and the
right Of personal security, Are not such deDi-
ais Of right subVersIye Of the Constitution. and
~violative Gifts spirit Let him say no, who
can, or who dare. Now, if this repeating pow
err is in Congress, as the President very clearly
admits, and if these territorial acts he needful
10 support slavery, and Congress may repeal
. them, what becomes Of slavery there And
A ifCougress has this power over the Territories,
9 when does it cease ? 0fnscessity, under the
Presidents own showing, not while The terri
toriAl rganization lasts. When does that ter.
inmate ? 0nly at the pleasure and by the cen
I sent of Congress.
| have shown that he legislative, executive
g and judicial departments of the Government
have recognized in the most solemn manner
! the principle, that the Territories are under thu
+ absolute control of the National Government
that by congressional enactment slavery may
be excluded thersfrom, and that new States
can only be formed in the Territories subject Ia
such conditions as Congress may prescribo.-
The Hfirmance of this power, under the Con-
StItution, by the greatest names Of the Repub.
! lie, officially expressed in all its departments,
ha' been stamped into the adamant ofthe past,
there to remain forever.
Under these sanctions | rspesG my PROPOSE
ton, that slavery may DO excluded by this
Government froa its Territories - that such
restriction is constitutional, and may hO right
fully asserted a condition precedent. upon the
! iusdtulion Of RSU States, and lhair admission
) into the Unien.
1t results from Eis Legislation of Congress
that neither Ohio, Indiana, Illinois, Michigan
Iowa nor Wisconsin, may lawfully legaliza
slavery therein. without a violation Of plighled
faith, of he express terms Of heir several en-.
abhng and organic acts. and OF tho p~lainast
principles of the Constitution. They have
each SO declared by their Fundamental law ;
they each complied with tie statute ~restric.
tor; they each prohibited slavery ; and that
The ESSENTIAL prin illes oflberty NIGH be unsl.
terably established they each declared BY
their constitution that all men are born free
and Independent, aud have the natural and in-
her'nt rights of enjoying and defending life
and liberty, aud Of acquiring. possessing. and
defending property, aud that these rights are
inaIiueable. They understood the ststate re-
: %stric.ion of Congress binding aud obligatory
: upon them as States, and hence theJr literal
compliance with its requirement. They under,
stood the sublin e csucept'OI Of The or a father,
, efthe Republic, that the slavery prohibit OF
was perpetual, and unOlterable that the wors
forever, as used in tue ordinance, and ineorpo
rated in their several organic and ENABLING ,s,.
... - ..n..l. all hi. e.