The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-28
circumstances is the American government .
Power TO be tried With.


Now that the Kansas issue Is departed aud
gone, the politicians, North and South, are soreIy
troubled for o new and living issue. La their
desperation they are raising the dead, by getting
up an issue on an abstract question, called squat
ter or popular sovereignty. The slavery topic is
no longer on the taps in any practical shape,
for Kansas will be admitted, without question
and without discussion among the sovereign
States of the Union, whenever her admission is
proposed in Congress, and there is now no
bleeding" Territory to exercise the tender
melcies OF /" free State men" on one side, and of
border rufiians" on the other. The President
makers ere, therefore, reduced to the abstraction
Of squatter sovereignty. This does not neces-
sariy involve the slavery question. but II leaves
room for It's discussion incidentally, and the dead
nigger will be hid in the fence in order to have
the opportunity Of dragging him out to public
view. In their poverty Of invention they fall
back on the old niger in some shape-if they
cannot have him in the concrete, they will have
him in the abstract. Accordingly, the news
papers, North and South Gncluding the Phila-
delphia Press and the Washington Constiaaion), are
making great noise about popular sovereignty,
and these journals, instead Of being candid to
each other, are doieg their utmost to mystify
The public mind, and to invest with Fictitious
importance an abstraction which has no real,
practical existence. The question Of squatter
sovereignty is myth, shadow-therc is no
such thing.
The Northern journals raise clap-trap cry
about sovereignty residing in the people.
Everybody knows that the people are the true
source Of all legitimate power AT the organi.
cation of the government the sovereignty re-
sided in them, but by the very constitution which
they adopted they delegated their sovereignty to
their representatives, and do not, and cannot
exercise it directly. The democracy Of the
United States is q representative republic, and
laws are not made or unmade by the votes Of
popular assemblies, as they were in the republics
of ancient Greece. 1t is true that the people
by revolution may overturn existing laws and
constitutions, and establish on their ruins new
order of things, or, by the legitimate, orderly
means pointed out and secured in the constitu.
tion itself, they can alter and amend the funda-
mental law of the Union; but till they do so,
the sovereignty resides in Congress and the State
Legislatures, according to their respective rights
as laid down in the original instrument. There
is only one restriction, and that is, they must
not exceed the limits prescribed in the instru-
ment. Whatever power is not granted directly
or by fair implication to Congress, or to State
Legislatures, is reserved by the people. But 30
one will pretend that legislation for the Terrific
ries is one of the things reserved. On the con-
trary, the constitution by an express provision,
gives Congress the power to make all needlul
rules and regulations respecting the territory of
the United States A majority Of Congress
therefore have the absolute control Of the legis-
ation of the Territories Territory is their mere
creature, and continues to be SO till 1t is al
mitted into the number Of the States. 1t follows,
as necessary consequence, that Congress can,
within the limits of the constitution, establish
or permi. slavery in Territory. This the
NortheIa journalists deny in the worry face of
the bond of union-thc great fundamental law
which holds the States together.
The Southern journals are therefore right in
the assertion of the principle; they repudiate
squatter sovereignty and they contend that Con-
gress has the power to introduce slavery into the
Territories and to protect the right of slave
owners therein. If they stopped there, no one
could justly find fault with their views; but they
90 one step further, and they insist not only
that Congress has the power to throw its agis
over slavery in the Territories but that it ought
to do co. and ought to place the peculiar institu-
ton on as firm basis in Territory as it is
placed on by State laws in Georgia. Alaba-
ma, Mississippi or Louisiana Now, this is I'M
reasonable. 1t is one thing TO possess power,
quite another thing to exercise 1t. The Southern
zealot is right in the assertion Of the abstract
principle-wrong in the policy Of its application.
1t is foolish to attempt to enforce, idly and for
the mere sake of showing power, right of Con-
gress which cannot be denied-foolish on the
part of the South, because it has no longer the
means to do it. But if the Southern interest had
majority in Congress, it would be equally inju-
dicioQs TO insist On the enforcement Of the alb
stract right. Many things are lawful which are
far fiom expedient. Z" II is excellent to have
giants strength, but tyrannous to use it as
giant" There are many things lawful for
parent to do in his own household, but which he
Will not do if he is wise. The prudent and
proper course for Congress is to hold its right
in allegiance, and 10 favor neither North nor
South, East nor West
There are other powers vested In Congress
by the constitution which it does not exer-
else, but keeps in allegiance. For instance,
Congress has the power 10 abolish paper money
10 every Slate, and it has the power to pass a
bankrupt law to take effect throughout the
whole Union? Both these powers are expressly
given in the constitution, but Congress holds
Khem in reserve, and does not carry them into
execution. Congress is not bound always to
exercise its powers. Ia the case Of the Ter
rtories the constitution does not say econ
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