The Shasta courier., 1859-04-23
Our Interpretation of the Kansas Ne
braska Bill.

We have always, whether through the Courier,
in Convention, or on the stump, interpreted the
principles of the Kansas Bill in this wise. That
under that bill the people of the Territory were
left in possession of right founded upon
principles ancient as free government itself.u
to quote the language of Mr.. Buchanans letter
accepting the nomination, viz Ito ouote fur
ther from the same letter. {" to decide for them
selves, whether slavery shall or shall not exist
within their limits" just " like those of State.n
We have always entertained and asserted the
belief that under the bill the people of Kansas
might do just precisely what the peonle of Cali
fornia had done, to wit: form a State Govern
ment without interference from Congress. This
illustration of the principles of the bill are al
ways deemed the most forcible that could pos-
sibly be given to commend it to the support of
Californians, for it was certainly reasonable to
believe that the people of California would be
willing to secure to the people of Kansas the ex.
ercse of the same privilege tina. they themselves
demanded as right.
Well, how did we get rid of slavery in Cali
fornia? Not by Act of Territorial Legislature,
certainly. No. We rid ourselves of it like those
1.-THE people] of State.o We framed a Consti-
tuition in Convention, and adopted it by vote of
the people, which contained a clause excluding
slavery. That's the way California did it. And
that we imagine was what Mr. Buchanan meant
when he said that the Kansas Nebraska bill
simply declared that the people of Territory,
like those Of a State, shall decide for themselves
whether slavery shall or shall not exist within
their limits" Mark it-'' like those of State y
that is, by assembling in Convention and franz
ing Constitution for State government; not
by Act of the Territorial Legislature
For one we hold that the Constitution does
not confer upon Congress any power over sla-
very in the Territories Neither do we believe
that that instrument delegates such power to
the people of Territory represented in Ter
ritorial Legislature. Here we endorse the posi-
ton of Senator Douglass. 81 hold" says he,
g that no such thing as sovereign power attaches
to Territory, while Territory. l hold that a
Territory possesses whatever power it derives
--oN'-
and no more" If then Congress has no Consti-
tutional power to intermeddle with slavery in
the Territories, how can a Territorial Legisla-
ture, which owes its existence to an Act of Con-
gress, possess any such power? Can the pot
ter's vessel become greater than the potter him
self?
In short the correct ground to stand upon is
this: until the people Of Territory frame
Constitution and are admitted into the Union,
all acts of the Territorial Legislature relative to-
slavery shall be left to the Courts, where the
Kansas Nebraska bill intended they should be
left. Congress must not interfere II the acts
of the Territorial Legislature are contrary tothe
Constitution, of course the Supreme Court will
so declare ard then if an effort is made to null
ify such decison and execute the obnoxious
and unconstitutional acts the President has the
army at his command to enforce them. That
will be carrying out in good faith the favorite
Democratice doctrine of the Cincinnati Platform
=" non~interfe-esee by Congress with slavery
in State and Territory, or in the District of Co.
lumbia." This is the precise ground upon which
Douglas stands. Says he:
al do not put slavery on different footing
from other property. recognize it as property
under what is understood to be the decision of
the Supreme Court. agree that the owner of
slares has the same right to remore to the Terrific
ries and carry has Stare property arih hiu, the
o'rner Of any other species Of property and to hold
the same, subject to such local laws as the Ter
ritorial Legislature may consttutionally pass
and if any person shall feel agrieved by such
local legislature, he may appeal to the Supreme
Court to test the validity of such laws. l recog-
nize slave property as being on an equality wah
all other property, and apply the same rules to it.
| will not apply one rule to slave property and
another to all other kinds Of property. | am not
willing to leave all other kinds of property to
the territorial laws and the courts for protec-
ton, and then call on Congress to intervene in
behalf of slavery, in violation of the Democratic
principle of non-intervention."