Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1859-09-13
KAMA NHA II. SEE ls 1859 no 81

Constitution is this :-ts That the SUI
prenne Court Of the Uuiied Ststes Is the,
proper jurisdiction TO decide the rights
Of the people ID the Territories to hold or
not to hold. slaves. HENCE, that if the.
Congress prohibit slavery il the Terrific
ries,. Is i usurpation ID other words, 9it
takes from the Snprene Court Of the
United States the control III a subject over
which that Court has exclusive jurisdic-l
hon. Hepce, if the Congress coulter up
on tho people Of 4 Territory sovereign
power, and thus Withdraw from the
UAfted States Court its jurisdiction over
the rights of The people ef tie Territory, i
then Congress conlers upon the .peoSl
pie, "sqnatters Of Territory. sovereign
other words. !. squat soyer-l
eighty" This cannot be the effect, OIL
intent Of the Kansas n ebraska act, be-
capse that act expressly leaves !" the peo-I
pie ola Territory free 10 form and regn-
late their domestic institutions in their
own way. subject only to The Constitution
Of the United States. e which, under chs,
the second construction Of the Conslitu-I
ton, leaves the United States Court the
paramount right 70 revise and repeal, oil
rather, sender null and void, the laws of
the Territorial Legislature So fab IS the
Constitution gives the power. Il being
under this constructioh Of the 0onstita-
ton. the supreme afbiler Of the constitu-l
tional rights Of tile people Of a Territory,
may supervise and declare null and void
whatever laws coHfiietihg. insits judg-
mefit. with the constitutional rights of
the inbabitantsiof Il Territory aud then
the Executive powerBof the Government
is bound to enforce the observance &c the
law al proponnded by that very august
tribunal.,'ss ssiati
Tie third and Inst construction 81 the
Constitution offthe United States is this |
THAT Congress may exercise supreme
legislative control ,overqthe people.of d
Territory, and hence may establish, prol
tect OF prohibit slavery ;Ithat, II It has
the power Of legislation At All, It mnstsitI
selfsbeth liadg &c Of the extent of it's pow4
ers and hence, upon the application Of 4
State for admission into the Union, .it.may
reject the application fof any cause 1t may
deem Objectionable that the Legislative
will and power Of the Congress y para
mount to the rights Of the States Ii the
Territories and 10 the Constitution ofithe
new States 50 applying for admission. and
he1ce also paramount t. the Jurisdiction
Of the Supreme Count Of the United
States a;',---in other words, that the resi-
dents il d Territory lose their character
and rights as citizens Of the States, and
become nere Inhabitants Of the public
domain. This principle and this cont
struetion was recognised and sustained
BY the Missouri Eestriction--called Miss
souri, Compromise--and was repudiated
blythe Kansas Nebraska actin purpose
and intent. The exercise Of such pow 4
ers, BY The Congress, Is usurpation land
if The exercises Of such Legislative power
ID usufpatiori, ii would seemthat the exH
ercise Of the Legislative power IS usunpa4
ton. unless confefredgupon the Congress
by the Constitution directly or by necast
sary implication IN other words, when
the Congress Iegislaies ID this wise, itasr
sumes ID itself supreme and paramount
Legislative power ID the Territories, and
ifittransfers such power 70 the people y
the Territories; 1 squatters' in the7public
domain. as they are called, il eoniers Oh
them sovereign power, sovereignty UP.
On " sqqatters, Or ffsqnatter sovereignr
ty as sn
This odious usurpation Of power b. thf
Congress was first sanctioned by sthe
Missouri restriction, which WAS repealed
and repudiated by the Kansas act. BEL
cause that act leaves the people of the
Terfitoryto be goyernedin theirlegislatioh
by the Constitution Iof the United States
alone, and 70 be admitted as States, lGWitii
or without slavery, us, their constitutior
may prescribe. The justice Of this VA
asserted BY The South, aided BY somt
gallant men from the Northain l8l9-i20
and for The first time fully recognised j
1854 --susfained on that occasion by \
majority 81 the Democratic members II
the Lower House. by IA ont Of rs Of ths
Democratic Senator's from the North, ant
BY aIlsihe Senators from the South saYi
two. This principle and this coDstruet
ten of the Constitution has, then. beer
repudiated BY all parties at the South
from the beginning ~ Territorial contro4
yersy until Mi. Fillmore, III his Albany
speech reafirmed the iustieefof the Mis-