The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-09-30
From the Washington Mon, Sept p.
A COMPROMISE IN OBSERVATION-DISCLOSURES
FOR THE DEMOCRACY TO ANSWER.

Until very recently, we had supposed it to be
the sincere wish of every true Democrat-of
every true patriot-that the question of Slave.
~ In the Territories should be de6nitively set.
tied. By the Republicans it has been claimed
that Congress may exercise all power over the
subject. The Democracy, on the other hand,
while they have denied that Congress possesses
any authority over Slavery in the Territories,
and have admitted that the people thereof are
clothed by the Constitution with all needful
power in the premises, have nevertheless been
divided in opinion in regard to the time when
that power may be exercised for or against
Slavery. One section of our party have claim.
ed that, by virtue of the Federal compact, the
Territories being held in joint tenantcy by the
States, all property recognised by any member
of the Confederacy must be protected by the
several Territorial Governments; that the citi-
zen claiming such property has right to de.
mand protection for it, and that there is no
power in the local authorities to withhold it.
These men maintained, and with irresistible
truth and fairness, that the Territories are held
as the joint estates of all the members of the
Union; that the Governments thereof can be
clothed with no authority which shall be in
conflict with the rights of the people of the
States, respectively. Otherwise, they asse rt
that Territorial Governments, instead of repre-.
senting State sovereignties, as they should, in
| order to be in harmony with our system, would
be independent political communities, and have
the right as such to prescribe the very authori-
| ty under which they act. In other words, the
States, by virtue of the Constitution, have EN-.
| powered the people of the Territories to estab.
hsh temporary Governments, and authorized
them therein to exercise legislative powers, in
conjunction with a presiding officer appointed
l - L. - \
by a large portion of the Democratic party tn It
the local Governments thus created cannot so
act as to impair the rights of the citizens of the
States who, through their representatives crea.
ted those Governments
Another interest of the Democratic party
have maintained that Slavery could only exiat
by the authority of the local law or law of the
place; and that it was perfectly competent for
the Territorial Governments to ordain or pro-
hIbit that institution, as the legislative power
might determine. These persons argued that
with reference to all matters appertaining to
the government of the States-such as relate
to guardian and ward, marriage and divorce,
parent and child, the descent of estates, the
punishment of crime, and various other affairs
OF the civil administration, including Slavery
and apprenticeship-the Territorial Govern.
ment possessed exclusive powers of legislation.
When the Kansas Nebrsska bill was enac ed,
these two divisions of the Democratic party
found themselves face to face. The first
named desired, of course, that the bill should
specifically restrict the Legislature to the exer.
else only of such powers as would not be in con.
Aict with the rights of the citizens of the sever
al States, with distinct reference to what bv the
laws thereof was recognised as property. The
| opposite interest maintained that such limita.
| ton was unconstitutional, and that the people
| OF the Territory under the Government proposed
| to be created had the exclusive right to declare
therein what should be held as properly. and
| what should be recognised as such.
Both parties, however, concurred in the
judgment that the real question in dispute be.
tween them was one of a strictly legal nature
and that its decision should be left to the Su.
Preme Court of the Uni ed States. In this
view compromise was readily agreed upon
that the act should be passed comforting gen
ersl legislative powers, subject only to the
Constitution of the United States" We dc
not contend that the limitation thus verbally
reserved in the bill could affect the question O.
constitutional power conferred upon the Terri
torial Legislature. By no means. Yet, never
theless, it was the express basis of the com
I promise-the issue, if you please, put upon tn.
record, to be tried and decided by the Suprem.
Court Of the United States.
Now, let rs see what that court subsequent,
decided9 We quote from Chief Justice fancy
speaking for the msjority and finally, and thu
placing the matter above and beyond the pow
er of judicial control. After maintaining, il
an elaborate argument, that Congress possesse
no power to legislate on the subject OF Slavery
and declaring the Missouri Compromise uncon
stitutionsl, be proceeds
"If Congress itself cannot do this-if it i
beyond the powers conferred on the Fedora
Governmental will be admitted, we presume
that it could not authorize Territorial Go,
ernment to exercise them. 1t could confer n
power on any local Government, established b
its authority, to violate the provisions of tn
Constitution"
"And if the Constitution recognises the RICH
. OF property of the master in slave, and make
! no distinction between that description of proE
erty and other property owned BY q citizen, n
tribunal, acting under the authority of the On
: led States, whether legislative, executive, G
judicial, has right to draw such distinction
! or deny to it the benefit of the provisions an
] guarantees which have been provided for th
protection OF private property against th
, entertainments OF the Government"
We have, then, the decision of the con,
upon the great question which divided til
. Democracy on the occasion of the passage .
the Kansas Nebraska act The powers confe
, red upon the Territorial Legislature extendip
to call rightful subjects of Legislation" th
, court decides, did not embrace that of SLAYER
When the people of the place come to organi7
/ | their State Government prepafato ~ to admi
sion Into the Union, they then for the fir
time assume to themselves the functions
: sovereignty, and may exercise over the matt
of Slavery absolute jurisdiction and powe