The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-11-13
Popular so,.r.,sn,r psfsna.a.

We RasAAo--So ~ 49, @--oe Rs10SI 49, 0AA
issue of last week, lengthy review of
the positions now agitating the public
mind in regard to Congressional interfer-
ence in the domestic affairs of the Terri
tories, in which the writer very success
fully sustained the positions of popular
sovereignty. We preferred submitting
the article to the people without COM
ment, or remark of our own, that we
might hear an unbiased opinion from our
readers in regard to it. 1t gives US plea
sure to say, that thus far we have heard
but one expression in respect to the posi-
tons therein assumed, and that in the
highest degree commendatory. In fact
they must be considered incontrovertable,
as they are the positions Of practical COM
mon sense, everywhere sustained by the
masses Of the people. The idea of Con-
gressional Intervention to prohibit slavery
in the Territories, argues the power of
Congress to establish or protect it by law.
1t was principle of the Buffalo platform,
and correct one, we believe, that "Con-
gress has no more power to make a slave
that it has to make king" 1t has no
more power to legislate upon the institu-
tons Of Territory than it has to legis-
late upon the institutions of State
The simple power {" to make all needful
rules and regulations respecting the terri
tory, or other property ofthe United States"
does not give Congress the power tolegislate
for the people occupying such property"
of the United States. The expression "or
other property" used in the Constitution,
qualities the previous expression, and
shows conclusively to those who have
thought upon the subject, that the word
territory" is to be taken in limited
sense, and that it only relates to the right
of possession or property in the soil, ever
which Congress has power to make "need-
full rules" and cannot be interpreted in
that broader sense which pertains to the
government Of the people who inhabit
the soil. True, different principle has
prevailed in the government since its
first organization, growing out of the in
reference of Congress, under the Confed,
Grafton in enacting an ordinance for the
government of the Northwestern Teni.
tory; but the fact that Congress has beer
wrong in the past, or that the government
has grown hoary in the sustenance of {
lcrong, does not argue that the period hal
noa0 come when it is RIGHT. Wrong
however antiquated, still continues 1
wrong, and should be treated as such
Because Congress persisted for fifty year
in chartering United States bank, ant
Washington signed the first bank charter
it does not follow that the constitutional
ty of United States bank is fully estab
lished. Indeed, though..this practice wa
frequently sustained by the Suprem
Court, yet later Judges overuled all pre-
vious decisions, and declared that tn
power to pass bank charters was not foun'
in either the expressed or implied power
vested in Congress by the Constitution, AM
that, hence, it was unconstitutional.
This is subject which is particular
interesting to the people of Kansas, an
is destined to occupy much of their atten
ton. We are glad to see it discussed, an
particularly by one so competent to tn
task as the author of the communicate
referred to.