The Nevada journal., 1858-10-15
T The Democrat attempts to solve

the question whether the people of Ter
ritories have the right to exclude sla-
very or not. We understand it to e1-
press no decided opinion upon this very
important subject though nearly col
umn is expended in elucida.ion of the
question. The conclusion arrived at is,
that the point is not yet settled, but that
the people ola Territory can so hamper
the laws respecting slavery that to all
iutents and purposes it would be exclu-
ded.
Let the answer to the great question
be what it may, we only want to know
if the people of a Territory cannot ex-
cluee slavery. what was gained by the
passage of the Kansas-N Nebraska act
During the canvass Of 1856, the people
were told that the real point at issue be-
tween the Democratic and Republican
parties was, the former claimed for the
people OF Territory what the latter
protested belonged to Congress. The
Republicanssaid Congress had the pow
er to exclude slavery from any Terri
tory while it remained Territory. We
understand the Democracy to have de-
MED this power. If the people have no
authority in the matter what did they
gain by the passage of the great bill on
which the fame of Judge Douglas is
founded Practically, the right of the
people. when they come to form State
Constitution. to establish or prohibit sla-
very, has never been denied, and the
recognition of this right is all the Ne
braska bill is now construed to express
or to mean. We say practically. The
Missouri Compromise line as long as it
remained was an apparent bar to the
full exercise of the right in the Terrific
ries north of that line. The restriction
was only in theory however, as the prin-
cipal statesmen of the South have al
ways said the laws of nature prohibited
the introduction or maintenance of sla-
very north of the parallel of SO deg: ees
80 minutes, and some place the restric-
ton of nature at much lower lati-
tude.
Really tlen, this great new question
! of popula' sovereignty about which the
people of the union went into paroxysms
in 1856 and concerning which have been
kept in constant excitement ever since,
is nothing new, or whatever new thing
it presents, is of nc practical utility but
to keep up ferment for political purpo-
ses. Is this, then, the staple commodi-
ty of the election which elevated James
Buchanan to the Presidency, and on
which Judge Douglas fourishes !
Judge Douglas says he accepts the
Dred Scott decision. Mr.. Buchanan
says looking to that decision as his guide,
that the Constitution carries slavery
with it wherever it goes. At the time
of, and long after this enunciation of the
President we saw no exceptions taken
to it by the Democracy generally
Tacitly and expressly it has been accep-
ted as the true doctrine of the party
What are the legal and logical conse-
quences That slavery cannot be pro-
hibited anywhere by the people of eth
era State or Territory. The p' 'wers
delegated to the Federal government in
the Constitution are absolute and can
not be abrogated but by an amendment
obtained in proper form. or by the last
resort. revolution. The Constitution has
the power to carry slavery with it and
protect it. Only the powers not dele
gated in the Constitution are reserved
to the people and the States. Among
these. let some one point out the right to
prohibit slavery where the Constitution
has carried it, if he can. Accept the
doctrine of Buchanan and the Democra-
cy, and how can slavery be prohibited by
the people of Territory when they
come to form their State institutions, un-
less the fundamental law of the Union is
changed either peaeably or by force 2
Hon. Matt Ward, at present men,
ber of Congress from the western dis
trict of Texas, has been appointed Uni
ted States Senator to fill the vacancy
occasioned by the death of j. Pinckney
Henderson. The Shasta Courier says
he is the same gentleman who, some few
years ago, made himself rather famous
by killing a school teacher in Louisville,
Kentucky, for severely chastising a
younger brother.
The California Home Journal.-This