Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-09
TIE DIVIDING tIsp BETWEEN FEDERAL AND
-"7,, 1-..-,1s,- ticAL AUTHORITY.
popttAR SOVEREIGNTY IN TEE iEEEliohiLs


raj and State have become Well understood
al clearly defined their practical operation AID armo
NOUS action for long series OF years; While the du'u
lc,,i"ninyorin: the right Of tie people Of the irrro
ricS govern themselves in respect - their ioehi
and Internal pOlily-rema:as fruitful source OF Pi,
strife and sectional controversy. Tie political 1's"'"
lion which formed in ISL and has "ss,'nie ,s
OF the Republican party, Is based on the ~ 81 .urb
slavery as il exists in this country 1t" ,;Tr mi
,; ,t $3.50, ~ H.. .n,irc power and influence %
the Federal Government TO the inii eN' ~, 'r,, Cor II,
tuition according to their eISr,n Of principles adopted
at Phlad,Ipia by the Republican Ha""a' ''e'''" 81
iS II Is airle. confers upon Congress SOVEREIGN
's ~. ,bc Territories OF the United states Tor tl':
government, and that in the exercise 81 '"'' i ;' ~
~, ,i It and the duty of Congress 10 prohibit III 'T
: Territories ih"se '"' '7 "
saNe 70 the theory Of the Republican party there is
lille conflict between freedom ana slavery! irve
"r and slave labor, free states and slave states "he Is
i-rconciabc and must continue 10 with hcret'!,e
N,ry uir,i; the shall become universal 10y the 'hi'
lion of the other Ia the language o: III" most rint' AZ"
aot,ori alive expounder Of their political faith,
at Is All irrepressble conflict he,ween oppS'9 in ~.
during forces: and II means thai tie tn'ed STATES n'
and will, sooner or later become either -i''irri IA
holding nation entirely free labor nation Inn. a,s
cotton and rice field, Of South Carolina, AMI 'c sugar.
plantations of Louisiana will ultimately be- tile! by Tree
labor and Charlcs and New Orlcaa, become naitS Tor
Legitimate mercandi'c aoa.. else the r! ,e','' '
wheat fields of Massachusetts and N"~ YORK inH'' AGAIN We
surrendered hy III ir farmers 10 slave cuur. anu l" 'e
production Of slaves, and Boston az! Mes YORK become
markets. LOT iEsuS III 'l't 'v''N'
In the Illinois canvass of ISIS ,he proposition was
advocated and defended by Tie distinguished Ia lu"!c"
,iandard-h-arcr in these Words go
.In NY opinion II :he slavery agitation viii ioi cease
until a crisis hall have been rrscleIand passed Mouse
divided a:ans: it-eIc can not stand lhciieHc '. unNt
,nn canro. en!ur. permanently hllf slave and halt free
do no, expect the house 10 fail, lu DO expect u will
ces. I've divided II will become all on Tang or AL thr
other Either the opponents q" slavery NH arrest The uF
ter sreaG Of H. and place Il where The pubic mind s
-, In the belief that Il is ia She coaT, .. uiiinat" exiting
;on its advocates viii push Forward ,i Sh" eaic
alike lawful in al the S:sics'!i - well - e" North ~
wei a. South -
party which claims sovereignty In Congress over The sub
i.ct of slavery, there be- peace the slavery
rue.,io-uo in the sectional srifeuo fraternity
between the North anu sou, so onc rs thus Ini"h re-
mains fathers made -iisiied into free ai slave
States with the right the part Of each retain slavery
50 long rs chooses and 10 abolish 1t Whenever please
On :l,c other hInd it would be uncandi 20 deny that
willie the Democratic party unit in its irrecouciab!s
opposition ihe doctrines aud principles Of The Rcnt
can party there radic,! differences of opinion In
the powers and duties OF censres and The rights and
inuriti,s uf tie people Of tc Territories under the
ana threaten its integrity. Thee differences Of opinion
arise from the diicrc interpretations placed on the Con
-,i;u,,on by person, wAo hc!on. 30 one OF the following
Glasses:
rgsT-Tho.c who believe HAT the Constitution OF ilc
United states neither c.rbscs prohibits slavery IN
the States or Terri,oyi,. beyond the power OF the people
legally TO control IT, hut ye> the people thereof pcrircy
free 10 form and regulate their domestic institutions in :cir
way. subject only 10 tie Constitution Of ;he Cn,c
/
srco.p-Those who Lc,ye tina; tie Constitution o.ia
fishes slavery in the Territories and whaiS from Cor
rrcss and the Territorial Legislature i'c power TO conro
and who Insist that, Il: ne event the territorial i";''a
,urc fails tie requisite Laws Tor its protection !;
the Imperative ur Of Congress to ciposc IL
authority aud furnish suciI protection.
TIiEn-rho.e who, While protesting To believe that the
Constitution establishes slavery Ia the Territories beyond
the power Of Congress he Territorial legislature
troll H. a, the ;m rra;e>, against tie duty OF Goa.
gress interfere for it. projections but n; that il Is the
duty OF The Judiciary to protect aad maintain slavery u.
The Terr,ogic, Without any !a,' .r'"ihe subject.
By n careful animation 81 t!e second AID tri rToro.
sitcus it will lie that :e advocates Of each
tie theoretical question, Tia, HE Constitution establishes
slavery in the Territories auI cnmpt.S them 81 lave
il whether they wan; no.: and differ the practical
point, whether ri.i secured 10y she Constitution shat Ice
protected by an act Of Congress when all other remedies
fail IT,. reason assigned for protecting 10y Law right
secur by the Constitution Is that it j. ti.t duty Of the
courts 10 protect slavery In HE Territories without any
legislation upon the subject How the Courts To ao.
protection 20 slaves any other properly, where there j.
Law provin: remedies and imposing penalties and CON
irrins jurisdiction upon the Courts 10 hear and desr"e
tie cases a. they arise, remains q be explained.
The OF Congress, establishing ;he several Territories
Of the United States provide 'ha: The jurisdiction Of the
several Courts herein provided for, both appellate AID
original and that OF Probate Courts and justices Of the
Peace, >la! bc Halted hv law -lr1ung such laws as
the Territorial Legislatures Shall from time To time enact
!, will he seen that the judicial tribunals Of the Territories
have just such jurisdiction, and only SUCH III respect % .
rights Of person, AMI property pertaining TO the citizen, Of
Territory the Territorial Legislature shall :it I"
confer; and consequently that The Courts can AZ! pro-
lection persons and properly further than the l. :
ls,Gre SHALL by law, confer the Jurisdiction, and prescribe
the remedies penalties, and modes Of proceeding.
], is difficult conceive hUS any person who believes
that the Constitution confcrs the right OF protection In the
enjoyment OF slave property the Territories regardless of
the wishes OF the people aud o the action Of the Territorial
legislature satisfy his conscience AMI his oath Of fcl
iiy the Constitution in withholding such Congrcs
legislation may be essential TO thu enjoyment of such
RICH. Under the Constitution Under this view Of the sun
ject simpossibe resist the conclusion that th. Con
siuii1n does establish slavery In the Territories, beyond
the power OF the people control by law, it is the mper
yc duty OF Congress 10 supply all She legislation n.ce-s
rs s projections; and If this proposition Is not true, II
necessarily results that the Constitution neither establishes
prohibits slavery any where, bu; leaves the people OF
each aai Territory entirely free 10 fon and regulate
their domestic aGai.s III, Themselves without, the Inter.
y,:on Of Congress. OF an: other power Whatsoever
But is urged with great pllu-b!y by those who have
entire faith in the soundness Of the proposition that "a ter
rOry the creature % Congress- that the creature
not be clothed with any powers not possessed by The
and a, Con!ress. not possessing the power toe
ui,lnic in respect Ac slavery in She Territories.
delegate Territorial Legislature any power which
it does not s-,: possess.
This proposition I, plausible Il Is fallacioCs But
the u j. general rule Congress
DELEGATE to Territorial Legislature, or to any other
boy OF men whatsoever. any power which the Con';iiu-
iicn has vested in Congress In oer words EvFgi row
ER CONFERRED CDSCsL>S CONSTITUTION NU>r ~
CU*s> ~ TIKI Morc PRESCRIBED ~ TC C"Ns:i-
IrI!oS.
tie ;owcr; OF Congress defined in the Co.S;i,u
ton:
The CO;:rc-, shall have powell
80 lay and collect taxes, ducs, m?o,5 and cxcscs,
etc.;
ITO borrow MONEY the credit Of The United Sta,es
"To regulate commerce with foreign nations" ETC.;
ITO establish uniform rule OF naturalization" etc
'.TU cola money and regulate the va!u. thereof"
40 establish po-: Offices Ini post roads"
''o constitute tribunals nferiorta tie Supreme Court
40 declare WAY, etc.
''To provide grd NJ ,in,an = navy"
Ths lit E,:.ii he extended embrace all the pow
conferred Congress by ia, Constitution, hat cuoucll
has been ci'ol TO test the principle vii! he commended
that COrsr.s, delegate any ot" Of those TO
Territorial legislature 20 any tribunal wha.cv-r Can
Congress delegate 10 Kansas the power ir ere udtc
mercc or 20 Nebraska the power ito establish uniform
rules Of naturalization Illinois the power coin
money and regulate the value ,hcreY Virginia the
power 10 establish post Offices and post roads,"
The a'enct Of the question carries whit the en-
pla:ic that Congress can "t eie.a" any power
which it does possess hut that every power conferred
Congress by The Constitution be exercised! h; Goa.
eress ia the manner prescribcdn that instrument
On other fnG there cases in which Congress
.'ab, tribunals and local rovernmenr. aud Invest theta
with powers which Congress does posses and Not
exercise under the Constitution. For Instance. Con res
may csb, ;afrror the supreme tout, and
fer upon them The power Ia hear md determine cases
al re;er Judgements affecting the He liberty and prop
.Tiy o the cGrn without itself having the power hear
ard de- -rnuc such causes, render Judgments, revise
dnnul she In like manner C"n-rc, may institute
governments for the Territories composed % an eXccuiivc
judicial legislative department; and may confer upon the
Governor all The executive powers and functions cf the
Territory, without having :lc right exercise any ono OF
these powers nr functions Itself
Congress may upon the judicial department az the
judicial powers and functions Of the Territory without,
having the right 10 hear and determine ca.,. or FENDER
Judgment revise annUi any decision made hy the
courts established by Congress- Concre>. may . con.
fer upon The legislative department, OF the Territory certain
legislative powers which no: Itself exercise only
such Congress not exercise under the sii;U,ion.
The powers which Congress may thus CoNPi but can moi,
ixrRcrSB. such relate the domestic Affairs and in
terna poty Of the Territory, and do acc; TIE general
welfare q! the Republic
This dividing line between Federal AMI Local authority
familiar 90 the trainers Of the Constitution 1t is clearly
defined and distinctly marked every rsgc Of history
which records the events OF that immortal struggle
between the Anne rlcan Colonies and the British Govern
t,ta,l ..st sI,tD..
independence In the bccnnnc Of that struggle the Colo
MES neither contemplated DIES red independence In
all h,r addresses 10 the Crown, AMI 10 ;he paran aud
thc people Of Great Britain well to the people %
Aurrca they averrod tina; loyal Bri:i, subjects they
icplored the which impecd their separation from
the parent country. They strongly and aectona,ey
attached to the Constitution, civil and political institution,
and Jurisprudence Of Great britain. which they proudly
claimed the brthrgt Of ali Eugisnen, and desired to
transmit them unnpairel precious legacy 20 their
po,;ery For long ,rirs OF years they demonstrated
nsAint The Xnlnm OF ihcir inAlcnnlc rlt. Of sefsnv