The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-17


the democratic party and ton assembled reterate its
that deny the right of any fidelity the constitution
power the democracy OF the United States belev
Of the nation in convention ing that instrument, with
assembled, to add to or the compromises made
abrdge this creed of the hereunder and
party. This creed, far strued by the supreme Ju
regards the question Of sa dietary of the land should
very in the Territories leaves be rgdIy maintained and
such questions belong to promptly enforced by the
the courts to the construc executive powers of the e
ton Of the Judiciary and deral government in
Congress that subject has State and Territory, and
power the democracy that this duty will apply to
garding the Interference OF the protection of persons
that body to exclude the and property in the Terri.
South from participating 10 tories
the Territories, and the pro-
position for Congressional
slave code, as equally repug
nant to the spirit OF the con-
stution and unCalled for by
any consideration OF public
expediency.
Here twill be seen that Mr.. Douglas as well
as Governor Wise receives the cold shoulder
from both sides, and that the Regency faction
and the Mozart Hall faction have each shaped
their resolution with wonderful caution so as
to avoid a commitment to the Northern or
Southern ultras in the Charleston Convention.
The anti-Regency resolution however, is very
foggy in regard to the supreme Judiciary of
the land though we presume it was intended
to cover the exact ground of the more explicit
Thus, accepting the two resolutions as sub
stantially the same, it will be perceived that
both factions of the New York democracy, in
renouncing the sectional dogmas Of Wise and
Douglas, take the ground that over the subject
of slavery in the Territories Congress has no
power;' and that, having no power over the
subject, that body cannot exclude slavery from
any Territory nor pass any law for the protec-
ton of slavery in any Territory of the Union.
This. it seems to us, is running the principle
of non-intervention into downright nonsense.
Congress- within the constitution, is supreme
in its power over the Territories. This fact is
illustrated in every organic act Of every Terri
tory, including the Kansas-Nebraska bill. No
Legitimate Territorial government can be or
gained except under an act Of Congress pre-
scribing its boundaries civil officers and form
of government, including the times, places and
mode of conducting the local elections, and in
Guiding the limitations of the right of suffrage
to the Territorial people. Congress may thus
withhold or extend to any unorganized Terri
tory Territorial government, and may modify
or abolish any existing Territorial government
at its pleasure. Congress, within this sovereign
range Of power, may acquire new Territories
from foreign States, with or without slavery,
or may dispose of any Territory to foreign
State. This power on the part of Congress to
acquire was settled in the acquisition of Texas,
and this power to cede away was settled in the
cession of portion of the original Louisiana
purchase (Texas) to Spain in exchange for Flo
rida.
In this connection, as the constitution recog-
nizes slavery as local institution the crea-
ture of local law, and as to Congress belongs
the power to bestow the organic local law of
the Territories, the power to admit or exclude
slavery is necessarily involved. But this
power, like the power to prohibit the States
from issuing bills of credit, and the power to
pass general bankrupt law, is subject to the
discretion of Congress. And so, while with
regard to slavery in the Territories Congress
may pass the Wilmot proviso, or slavery pro-
tecting code, it may be the wisest course to do
neither of these things, but to leave slavery
subject to the laws of climate, settlement
and the decisions of the federal courts.
There has not as yet been any judicial dec-
sion upon the subject. The bred Scott decision
does not touch it. All that was determined by
that decision was that bred Scott, d negro, was
not citizen of the Uuited States within the
meaning of the constitution, and that accord
ingly his case did not come within the juris-
dction of the court. Beyond this Judgment
the opinions of Judge fancy are worth no more
than those Of Judge Mclean, for beyond this
question there was nothing in the case before
the court.
We cannot deny the sovereignty of Congress
over the Territories, including slavery, without
running into absurditics. We cannot exercise
this sovereignty, as the two sections now stand
against each other, without running into dam
ger. We cannot adopt the policy Of Mr.. Doug
las without reviving in every new Territory,
more or less, the border ruffian atrocities of
Kansas. We must fall back upon the non-nter-
yention policy of the administration; and the
two factions of the New York democracy in
taking this direction have sagaciously detect |
ed the drift Of the wind in reference to the
Charleston Convention, although in denying to
Congress all power over the subject they over
shoot the mark.
WHAT WE ARE ABotT.-Somc OF our cotcm-
poraries have lately taken very marked inter
est in our destination. The Hon. Nassa
Greeley is exceedingly anxious that we shall
,,o n candidate for la M,yn-al4x IN orrlar fn