The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-05
The Slavery Question IN the Ter-r,to,s.s.
From the Washington ConstitnIioo

40c SlhvtEy AueStx0n In the Terrft0rgeS.
From the Washington Constitution
POPULAR SOVEREIGNTY vs. sQuArrER soyppv,c>,r,r,
y essential to the Intelligent discussion Of any aues
ton that the precise Specification Of the phrases employed
should be clearly and accurately Defined toe hssss
confusion Of ideas bited in eusions OF MANY AZ
contemporaries upon the leading poto cal topic # the
day furnishes conspicuous illustration Of this axomatic
truth. We will not do opponents the in1sce OF as
Stunning that this confusion OF the phrases have pre-
fixed TO our article s lack Of discrimination. On the
contrary, az the doctrine Of popular soveregnty''
rightly understood must necessarily prove popular az
sutior atty, the Of the two phrases ndscrminatey
argues rather adroness useful enough 10 those whose
principles will not bear analysis.
But ~ there any foundation for assuming the coaver
biy Oh THESE ernsY And IL 1t fair TO charge TIA,
an advocate of squater sovereignty because he has
given In bis adhesion to the doctrine of 'popuar cove
reigntyS' We think not. Popular Sovereignty and
squatter Sovereignty are doctrines not only dspno but
anaeonsci and the distinction clear the antagon
Ism 80 lalaoie, tnst ne who may read. Tpis we
propose briefly TO show
Mr. Buchanan, in his letter of acceptance and in his
inaugural address, has furnished the ceares. possible
definition Of popular sovereignty. In his iee, of ac
ceptanoe he says-"Tae people Of Territory ike thosa
cry shall or shall not exist in their iimits' ami
in his inaugural he says,-"A difference Of opinion
people OF Territory shall decide his question for them
selves This is, happily, Of but little practical importance
Enough !. has ever been my individual
opinion that under the NebraakaKansas ac the appro-
pirate period will be when the number Of actual resdens
IN the Territory shall justify the formation of constitution
with view to It's admission State into the Union
This is ppula[soveregny in the Territories It recog-
nizes the exercise by territorial legislature OF evefv
power stent With the provisions Of the CONSTITUTION
but does not recognise the exercise of any power
inconcorsstent with the rights of the people or tha
States in whom resides the ultimate sovereignty over
wen as the ownership or oil the common territory Of tho
United States.
sauatter sovereignty, the contrary, recognizes tho
may have squatted the public domain in advance Of
the public surveys, and without the Ownership Of one
take to prohibit slavery within Territory and thus prsc
Gcay Deprive nearly half Of the partners In this confe
deracy OF States Of the right Of emratng with their pro-
pery to npy portion OF this vset and extended domain In
other woos This squatter sovereignty coniers on the
frat settlers Of Territory absolute and un power
over the property rights of all future immigrants.
Thus understanding the matter, we proclaim un-
hestatpgly that, while we shall advocate popu.
aquatter sovereignty While the one doctrine is lust.
constitutional and in conformity with the spirit
and IN Von the eosav Of hs s
the doctI OF the democratic party the other ia the doc
rine Of the dsoreanizers and bolter who seek 70 divide
and destroy the democratic party and with it the Union
in pursuing this train OF thought we were led in
to an expression which has been perverted to mean the
very opposite Of our intentions We said few DAYS ago:
The principles emblezoned the democratic banner are
nnterventon by Congress or by territorial egsa-
uss ether to establish or prohibit slavery in the Terri
es the territorial condition shall remain BY the Judiciary
under The constitution Of the United Satesn The plain
meaning Of this is, that Congress cannot and therefore
should not attempt establish prohibit slavery In any
Territory and that the territorial legislature deriving ali
ts powers OF legislation from Congress cannot and should
not attempt TO establish prohibit slavery 10 the Terri
tories But since the constitution OF the United States
protects all Of It's people in the enjoyment Of all their
rights OF property, whenever they may be found in Ter
ritoy common TO all the States protection that proper
y is duty Of thcee invested with the power Of local
any unfendy legislation which calculated to destroy
or impair any right of property We consider these self
evident propositions But il 10 aid in quarters that
the people Of the Northern States will not sustan this in
depreciation OF the powers Of people in Territory
this be true (Which we will never beeve the people Of
the Northern States arc ready to set aside the cons.
tuton destroy the equality Of the States and present "a
their brethren Of the South the alternative Of
msscD 10 dshonor the vim acaon Of their rights
the ruins OF the constitutional Union which they have 20
long cherished priceless heritage. And !. may be az
sumed as certain, that no people trained to se govern
melt and vaulpg liberty all other things win con
tinue 10 conEner themselves bound by compact when
perverted by numerical majority Of their partners
| into an instrument Of Oppression and wrong
We stand by the Cincinnati plat rormail true democratic
willard that procalms non Interference by Congress-
with slavery IL the States, in the Territories, in the
District Of Columbia We stand by the bred Scott decision
Of the suprhme Court Which secures 10 the people the
States the right to engate 20, and remain in any Terri
tory Of the United States with the property they NAV
have held in Of the States We therefore, forced To
gay the constitution nhbts the several Territorial Iegsla
lures from aboshipg property in slaves; and the
prohibition applies TO The people OF Territory till they
come 10 form constitution preparatory to their admission
INTO tbs Union We are willing to rust the people Of
Territory 10 protect all their people in the enjoyment o.
al their rghls and when uniriendly legislation at
lem, g, snen attempt IS ever made, we are willing t,
The Territory Of Kansas furnishes the best evidence OF
to the individuals who compore H. II ever tho tho
poesions Of community have been thoroughly
solute madness anywhere, it was in Kansas: vet
her Legislature resisted all the appeals Of Interested
partisans outside their own borders, and refused to
pass a law abolishirg slavery in Kansas. This was
triumph OF justice and the Constitution and 80 IL will
ever be with all honest frontier people We say tho
people OF the South leave this question where the demo-
cratic party has left H. aud where the Supreme Court bag
left it, we Say to the people Of the NORTH if you love the
question where the democratic party has len it, where
the constitution places IT. and where justice demands to