Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1859-04-08
THE WILMINGTON JOURNAL.
w1mNGroN, NC, MONDAY. APRn. 4, 1859.
Kansas-The FayetteviIIe Carolinian.

sas matters For years past we have been under the
necessity of boring our readers and ourselves with Kan
sas As theme for political disquistons, the affairs
of that Territory have been far fruitful in such
productions than its fields have been in material wealth
or social advantage We had hoped to have done with
Kansas and cognate Subjects for time at least but
find ourselves called upon by our contemporary the
Fayetteville CGroLnian to " define our position IN
connection with extract which appeared some time
since in the Journal in the absence of the writer of this
article and while the Associate Editor necessarily
much pressed for tne and consequently without much
leisure for very accurate analysis of every word and
phrase that might in every extract made for the
columns of the Journal The article extract against
which the Caroiian takes exception is headed Prac-
tical Results of Non-lnterventon," taken from tie
Washington States.
We might fairly refer cur cotempory to the columns
of our paper for years past In those columns have
endeavored to state views upon the Kansas ques
ton and the issues arising out of it, in plain terms
possbein terms calculated to express meaning as
clearly as our limited abilities allowed If we have fail
3D. it has been from lack of ability not of willingness
But let all this pass. What the Carolinaan may or
may not think of Roger A. Pryor or Mr.. Heiss, the
Editors Of the Washington States can have little to do
they are worth. We pin allegiance to no man or
set of men in or out of authority follow them
harsbreadth farther than convictions of what
right in principle and expedent in policy may lead u.s.
In the article in question taken from the States
there are some rather strong expressions But in the
main the States isrght. Non-intervention by Con-
gress in the local government of the territories either
means something it means nothing. The policy was
inaugurated for some purpose or 1t was not Ii we I'M
derstand what was meant by nonnervention, it meant
that the territories could regulate their domestic
matters in their own way, subject IN all things to the
Constitution of the United States. The purpose for
which the policy was inaugurated to remove 1.-The
whole question of slavery from the halls of Congress-
and thus to get rid of most irritating and dangerous
agitation. Well now, suppose the inhabitants of a ter
ritory, either by omission or commission violate the
Constitution of the United States-suppose they pass
law violative of constitutional right or omit to pass
law essential to the enjoyment of any such right how
shall the legality and constitutionaty of such action
nonacton be decided? Shall it be done by the legal
tribunas-the Courts established by the Constitution it.
seor shall it be done by sending the whole thing back
to Congess-draggng the whole matter again into the
arena of heated discussion? In the latter appears
to that the principle and policy of Nonnterventon
would alike be sacrificed and this without the most re-
mote hope of obtaining any corresponding advantage
for the South, any advantage at all. For our own
part we yet willing to rest the rights of the South
in the territories upon the provisions of the Constitu
ton as expounded by the COurtSwe would not regard
these rights as worth pins fee left at the mercy of
Congressional intervention. Congress is not Judicial
trbuna-its duty is not to abjudcate upon laws. That
belongs to the Courts Suppose it be asserted that by
express enactment any constitutional right of any citizen
of the United States is violated in any territory, and it
is counterasserted that it has not been violated, how
shall the question be tested? By the Courts by
appeal to a body composed Congress is We leave
this question to the decision of any thinking at the
South.
The very principle for which the friends of the admis
sion of ansas under the Iecompton Constitution
tended was that of the right of the people of the terri
tory to form their own constitution in their way,
subject to the provisions of the constitution and the laws
passed in accordance with that instrument We favor
ed the admission of Kansas on this principle but the
issues then raised have passed. although not before they
had done quite enough harm. Does contemporary
wish to fight these battles over again? Can it find nc
foemen worthy of its steel outside Of the Democratic
ranks? We should be very sorry to think so. We
u
sgnalize new in its history by attacking stimuli
taneousy the Journal and worthy and able Demo
cratic contemporary of the Winston Western Sentinel in
which paper the article from the States appeared this
week, without note or comment"
The Convention of the Democrats of Tennessee which
assembled at Nashville the 18th of last month, affirm
ed the same views that we now affirm. Upon position
essentially the the whole South must concentrate
and the whole conservative force of the country must
with it, if to have peace quetness safety,
even chance of permanence.
The act under which Kansas was erected into or or
gained territory, provides in section Oath that
the legislative power of the Territory shall extend tC
all rightul subjects of legislation consistent with the
Constitution of the United States and the provisions Of
this act. And section 9th of the same act, going
to arrange the judiciary for the territory, provides
for the mode in which appeals shall be taken direct from
the Supreme Court of the territory to the Supreme
Court of the United States, where the amount in con
troversy shall exceed one thousand dollars; except
only that inall involving the title to slaves the
said wrs of appeals shall be allowed and deci
ded by the said Supreme Court, without regard to the
value Of the matter property CT title i'll controversy"
a. Unquestonaby, then, it the intention to
the discussion of all local questions out of the halls
Congress by vesting in the Territorial Legislature power
over all righul subjects of Legislation, consistent with
the Constitution of the United States and the law
ganzing the territory and that legal decisions and moi
Congressional ntervenons looked to as the remedy
in of any violation, especially in the matter of time
to slaves is made evident by the provision granting
direct appeal from the Supreme Court of the Territory