The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-04

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campaign journal, which is so impotent and
imbecile that it cannot support and circulate
| itself. But they will not find so many dupes as
they expected. The general answer to them
will be, that as they have managed to carry
out two frauds at their own expense, let them
carry out the third also at their own cost. and
without dipping their fingers into other mems
pockets. John G. Keenan, and Cornelius Wood
have been capital Marplots to their base de-
signs
SLAVERY IN THE TERRIroRIEs-THE PoLm :
CLANS BEFoGGED.-Our Presidential politicians.
North and South, democratic and opposition,
are all at skies and sevens on the subject of sla-
very in the Territories one Of the very simplest
Of constitutional questions. w. H. Seward and
other republican leaders contend that, while
Congress may and should exclude or abolish
slavery in the Territories, ii has no authority to
recognise slavery in any Territory inasmuch
as slavery is only local or sectional affair,
while freedom is national, and the underlying
principle Of the constitution. Gov. Wise ON
the other hand, maintains that it is the duty of
Congress to protect slavery in the Territories,
and that the federal constitution limits the sove-
reignty Of Congress to this duty Of protection.
Mr.. Douglas holds that Congress has no power
to NEEDLE with slavery in the Territories at all,
but that the absolute jurisdiction over the sub
ject belongs to the people Of a Territory as to
the people Of State
Now, "who shall decide when such doctors
disagreed" The Hon. VIM. G. Smedes, an op-
position member of the Mississippi Legislature,
has undertaken to settle the question. In a
printed letter upon the subject which
lies before us, Mr. Smedes, resting his
case upon the bred Scott decision takes the
ground that there is nothing in that decision.
nor in any opinion of the Supreme Count,
(which in the remotest degree suggests either
the power or the duty in Congress to protect
slavery in the Territories" but as Judge fancy
has proved the right Of the STAKEHOLDER to set
tie with his slave property in any Territory Of
the Union, "all that slavery wants in the Ter
, ritories Is to be let alone" He admits, how
| ever, that the Territorial authorities, by tax
alton, &c, may practically exclude slavery;
but to guard against this difficulty he proposes
that 'the Territories be organized on the basis
that they shall neither legislate for nor against
slavery"
But in this view Of the matter this new doc
tor stumbles, like all the rest in denying or
abridging the sovereignty Of Congress. II
Congress may require neutrality on the part Of
the Territorial authorities, why may they not
be required to admit or exclude slavery? Thus
all these constitutional doctors fail to meet the
case. And the opinion of any one doctor may
be pronounced as good as that of any other,
where each makes up his theory from con-
venient differences and special pleadings. For
our part we repudiate all these special plead
ings, and fall back upon the text Of the con-
stitution and its practical interpretations from
the organization Of the government down to
this day We thus find the sovereignty Of Con-
| gress and the executive government at Wash
ington over the Territories affirmed in every
possible form, including the subject of slavery
We thus assume, from the various acts of the fe-
deral government, running through three-quar-
tiers of a century, that this Territorial sove-
reignty of Congress within the republican land
marks OF the constitution is absolute and that
the exercise of this sovereignty on the subject
of slavery in the Territories is simply a matter
| of discretion.
We can find nothing in the constitution, nor
can we find anything in the Dred Scott decision,
to sustain the platform of either Seward, Wise,
Douglas or Smedes upon this question Of
slavery in the Territories. On the other hand.
upon the broad question of expediency and
Congressional discretion, we do not know Of
any better policy to pursue than that recon-
mended by Judge Black and
an appeal when necessary from Territorial le-
gislation to the federal courts, up to the Su-
preme Court at Washington. In the meantime
the subject is in the hands of the politicians,
| and it would not be surprising if, upon their
various distractions, they should succeed in
giving us three or four candidates and parties
for the next Presidency.
| EXPLOSION OF POLITICAL STEAM ENGINE.-It
has been some time proverb that the pro-
fessor of game is very liable to be the Sc
verest loser by it. And though, from earliest
youth to the most vigorous manhood, instances
OF the verify Of the old saw, in little things as
well as great ones, are of daily occurrence, yet
the sufferers continue to growl as if it were
some new thing A notable instance of this is
found in the fuss which some Of the papers are
making about the appointments Of registrars
under the new election law. The makers of
| this enactment should not be the first to abuse
! its practical working. The man who invented