New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-12-12


Unless Congress should anuul this act New-MeHieo
ia as thoroughly slayeholding in its laws aad po1y
as Mississippi ever was. How then can 1t be AS
serted that the issue of 1856 is settled But TIE
Times says the principle of Congressional legsla-
ton for the exclusion of Slavery from the Terri
tories has been onnuAed by a decision of the
d. Supreme Court" We don't know about the
Supreme Courts anulling a principle. That
Court il formidable authority, no doubt; but we
suspect annulling principle to be rather beyond
its power. VIII The Times favor US with a citation
of the passage wherein the arduous task IS al
tempted
If the Supreme Court has indeed undertaken to
say that Congress cannot prohibit saveholding IN
Territory. it still remains to De seen that Congress
cannot, by a declaratOry act define and affirm the
natural political rights Of each adult rational hui
man being uraccused Of crime. Rely on it.
"where there's will, there's way;" and, if the
People of the United States really desire to exclude
Slavery from their Territories, they cannot be
baked Of that purpose.
But again: The question at issue affects not
merely the territories already pOssess but those
we may hereafter acquire well. The acquisition OF
Cuba, and of Cat least) portion OF Mexico, are
already above the horizon of our future. They Will
soon be conspicuous if not controlling. The Times
has seemed. off and on to favor the policy of acqui-
stion in either case. Now, if Slavery has constl'
tutonal right TO plant itself in the territories we
recently acquired from Mexico, it has clearly an
equal right in those may hereafter acqmre-not
TO speak of Cuba, in which it is already hrmly
established. We are quite confident that the Su-
preme Court has not yet denied the right OF our
citizens TO oppose further annexatons on the ground
of their inevitable tendency, obvious intent aud
necessary effect to extend the area and increase the
power of American Slavery. If not, the RePubh-
Ian party has not yet been adjudged unconstitu-
tional, even by that august tribunal. 30 we shall
not need to get up new platform IN looo on
account of the Supreme Court having conhscated
our old one.
H. The Times atones for its reticence in backing
I'D It's reiterated but questionable aserments by Its
alscrity and voubility in setting forth new ones
Thus it proceeds:
Thr principle Of Popular Sovereignty however i
may be questioned IN form has been established IN se anu
settle ali disputes that arse concerning slavery "a
point is over" ,
This is the precise doctrine affirmed by the
Democracy of the Northwest, led by Senator
Douglas in person, in the recent contests IN OhIo
Iowa, Wisconsin and Minnesota, and voted down in
each of them These States decided that the con-
troyersy was not over that the Republican platform
of So was rot obsolete, aud that what ls called
popular Sovereignty is humbug. This decis-
ion may have been very peryerse and srong-headed
ON their part and due to the limited circulation OF
The Times in those States respectively; but 1t IS
nevertheless a fact and, as SUCH entitled to some
respect even from The Times
What is 80 Popular Sovereignty" as applicable
TO the case in hand What does it require and
teach with respect to Slavery in the Territories
The Times cannot be unaware that the doctrine or
theery has about as many different expeditions as
advocates AS originally set FORTH It affirmed the
right of the People of Territory as such, acting
through its Legislature to establish Slavery when
ever they should t or to forbid IT, II they should
deem that course advisable; aud assumed that,
unless and until they should establish it, 1t would
have no rightful or legal existence in said Territory
Judge Bronson, indeed-sne of our most able and
Law Officer of our Cty-declined, in public letter
in Is4S, to join the Free-SOl party e1-
pressly on the ground that Slavery had
no legal existence in the Territories, and that it
could not bo established legalized therein unless
by an express, affirmative act of Congress, which
would not be passed; hence Che fairly argued) pro-
hti,iye legislation was unnecessary; and the Dem
ocratic State Convention which met at Syracuse
in Sept rs, and nominated Cass and Butler Elec
tors with Chancellor Walworth for Governor and
Charles O'ConOr for Lieutenant, expressly In
dorsed Judge BronsOn's view of the matter, in
| these words:
Reso!reS accusation come from whence may that
the Democratic patty VI the Union OF the Oeaocsie parry
NewYot ia IN favor Of extending slavery 70 ierToiy nos
Free, libel ae upon ruth and usc. that IN ssAnd1s
the each for ITSELF entire and und control over the
1i,o. m. ria6t 10 determine il for theu-eve-a night
no. less to m exclusion than - its admission therein
eye with u Of state that it is not necessary
eIpedsni call that body 70 leso upon tAe SUP
urhos a. mig zeceary Aaf h9zd be forbidden" but
sa0ugh that ~ ia nor gPesiaiy GStasrfEsd"
-Wecannot say what effect the bred Scott decis-
ion may have exerted over the opinions OF our
National Democrats; but if they hold unreservedly
to-day to the position thus taken by them in 1913,
we deem their doctrine sounder than even that of
Senator Douglas, whom The Times seems TO have
taken as its oracle for some time past And If we
are 10 understand, as the anti Douglas wing of the
Democracy seem to do, that Slavery goes into
every Territory by virtue of the Federal pact or
Constitution. and cannot be driven thence until
said Territory ceasing to be Territory, shall be-
come State, then We submit that the cry of Popu-