Daily national Democrat., 1859-04-03
Property in the Territories

We asked the Express, the other day TO
;,f,rm ma os % which side it would take on
the question of enacting slave eoue Ior 'ne
Ta-ritor;es II occupies a column and a half
or three quarters in answering and hnally
plants itself in direct opposition to stephen
A Douclas and the creed of the Democratic
nar,vi Tn a multitude Of words it endeavors
10 cover up its plain and palpable detection
from the Democratic faith, with a show of
palliation or excuse. But it is patent to all
who have taken the trouble to read the arti.
Gle, that it has forever abandoned the Cincin.
natl Platform and is ready to follow Davis
and Brown and Mason and Hunter and the
rest in all their startlingly heretieal notions
and opinions. to any extent whatever. Well.
we are glad that the Express has, at last de
fined its position. 1t is in favor of n slave
code for the Territories as soon as any Terri
torial Legislature, in any given instance,
shall show a disposition to neglect to encour'
age and foster slave institutions Very well,
that time has come. The Legislature of Kan.
sas has shown this disposition very decidedly
by passing an act manumttng slaves in that
Territory. The Express therefore, must now
declare itself in favor of congressional action
on the subject, and call upon Congress to
intervene in the affairs Of the Territory, and
establish slavery, in the face of the wishes
Of the people to the contrary. by positive
( Congressional enactment on the subject We
are ready to take issue with the Express or
any other apostate from the Democratic faith,
on that question We say with Senator douglas
and all true Democrats, tn It the Democratic
party has no right to demand of Congress an
/ enactment in favor of slavery in the Terrific
ries because the Democratic party passed
the Kansas Nebraska Bill, and that bill ex.
rresslv granted to the Territorial Legislature,
or in other words, to the people of the Ter.
ritory. all the power that Congress possessed
over the subject of slavery. Congress was
Ia have no more TO do with it. The people
were to regulate the matter for themselves,
and. if they passed any law which was un
constitutional, the Supreme Court of the
United States was the tribunal to appeal to
for its abrogation, and not Congress There
was clause in the bill which declared that
Congress should annul any law of the Terri
torial Legislature which Congress might not
approve Of but the Democracy struck that
clause from the bill, with the express under
standing that there was to be no appeal to
the Federal Legislature in any case that
might arise, but that the Supreme Court of
the United States should alone decide rs to
the constitutionAlity Of any Territorial law
that might be enacted. This was wise and
proper, for, to leave such matters to be de.
eided by Congress, would be to give that
body the power of either establishing or for
bidding slavery, according TO its option, be-
cause, if the majority Of Congress was in ia
vor of slavery it would favor slavery, and i'll
1t was opposed to slavery it would favor free |
soil Legislation. Congress is body which
can do ast pleases 1t can permit itself to
be governed by political motives exclusively,
and could either favor or disfayor slave legis-
lation 10y the people of the Territories. But
the Supreme Court is tribunal which is sup
posed to be above the atmosphere of politics
W ere an appeal to be made to it against any |
Territorial enactment, t would decide ac-
corling to the Constitution Of the country
and the enactment, whether it favored or op
posed slavery, would stand or fall upon its
eonsiitutionality or its unconstitutionality
Not so with Congress, for there is no telling
what that body might not be induced 10 do
| from partisan or political motives. The sub
iect of slavery has been the great bone of
discord in the National Legislature for years
The Object Of the Kansas Nebraska Bill was
to remove it from the halls of Congress, and
to leave it everthereafter to the fair and free
vote of the people in their sovereign and
primary capacity. Congress was in no shape
or manner to touch it. This was the mean
ing Of the Kansas Nebraska Bill. This was
the doctrine of the Democratic party. We,
in our capacity as the editor Of Democratic
Journal, still hold firmly to that doctrine
The Express chooses to abandon it, and go for
Congressional Intervention directly in favor of
slavery. Nosuch sectional idea ever entered
into the framework of the Kansas n ebraska
Bill, and tits no portion Of the Democratic
creed Let those who choose to abandon
the Democratic party do so. AS for us We
shall rauonin On tho old platfnruo