New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-15

would eDdeavor TO test botn propo5llons Dy
sound, and, as he thought, unanswerable logic
The doctrine of Congressional exclusion was tersey
and frankly expressed in the Platform of the Repub
can party which asserted that the Constitution confers
upon Congress sufficient power over the Territories
for their government and that 1t Is the right, and the
duty OF Congress, in consequence Of that power, 70
prohibit Slavery in the Territories. Now, all the
pc yer this Government possesses was contained IN
The grants of the CONSTITUTIONS and was necessaryto
authorize the exercise of power not only to show the
absence of prohibition, but affirmative grant, or
necessary and proper implication from such grant:
But what clause of the Constitution warranted
this inference OF supreme power over the Territories
The unsuccessful search Of the bird cent out from
Noshs ark but typifed the efforts to locate the exact
clause upon which was based this gigantic claim Of
sovereignty. Mr.. Curtis, in bis argument in the
Dred Scott before the Supreme Court, was called
by opposing counsel TO point out the exact oause
upon which he rested the claim and he said he would
rely upon the third clause and 10 hs elaborate and
able argument he confined himself wholly TO that
clause. Mr.. Benton, however, who reviewed the
matter and came TO the same conclusion III Mr. Curtis,
scoTnfuy repudaied that idea, and said that the Terri
tories, as political entities are never mentioned once
in the Constitution; that the Territories, as common
property assmilae to other property as land or as
Thing to be disposed of. Most usually, however, the
advocates of this power. agreed with Mr. Curtis, as
the distinguished gentleman from Ono tGovernor
Corwin) asserted that this power OF Con
gress over the Territories Ia derived from the
clause giving Congress- the power to make all
needful rules and regulations respecting the Terrific
ries or other property of the United States. This
clause was adopted in the Convention, without dc,
bate and at the demand of the South. 1t was called
for by the necessities of an exhausted treasury and
impoverished finances, which it proposed TO re-
eve by the sales of the public lands. Ii was little
imagined then that there was lurking under this
apparently innocent Phraseology supremacy IN
that claimed by the British Parliament over
the Colonies, and that Congress, when il exer
ercised jurisdiction over the public property, could
launch ont upon the Shoreess aud siriess sea OF aus
cretion determining the rights of inhabitants, and
DISTINGUISHING whole communities OF their property
and rights. From this assertion of sovereign
power arises the Republican doctrine OF claim
to control the social and domestic institutions OF
the States, and hence the action Of the Republican
Legislatures of Ohio, Vermont, Connecticut and
other States, instructng their members to vote
against the admission of new Slave States,
thus concuring in the recommendation Of the famous
Hartford Convention, TO curtail the slave power by
defeating the admission Of new Slave States into the
Union. In this clause territory other property was
the subject of grants. The power given was to make
needjuf rules aud regulations respecting the public
property. The most simple analysis OF the phrase
ology showed that territory was spoken OF as one
of the kinds of property. Ii the power were
general and absolutely unlimited, then that other
clause in the Constitution giving exclusive legsa-
tive authority the seat of Government, aud over
places purchased for dock-yards. magazines &c,
was entirely unnecessary, as power more generally
comprehensive had been granted elsewhere III TINS
construction were correct if Congress possessed this
unlimited power, and thereby substantive authority
for civil government then the conclusion seemed un-
avodabe that Congress must exclude Slavery from
every foot of the public domain, whether in Kansas
| or Alabama in Territories, or States. The power
| given to make needful rules and regulations for
| the territory or other property, apphed as well
to States as to the unlnhabed wilderness
From this clause Congress derived power to dispose of
public lands elsewhere. Hemight refer to the decision
of the Supreme Court this subject being concu
sive particularly against the Republican party lie
desired however Just in this connection aud briefly TO
that he did not regard the Supreme Court as the
ultimate arbterin decision ofall political questions lie
| would incorporate in his remarks the opinion OF Mr.
Madison defining the position power and authority OF inc
Supreme Court. 1t would be interesting also to trace
| the analogy between this Republican doctrine OF
sovereign power, derived from the power to dispose
| of the public lands and ancient feudalism, be,
cause the resemblance analogy was exact and
strict Both theories blended sovereignty with prop
erty and from the power to sell lands derived the
power to enact laws and control the inhabitants But
he had no time to discuss that question. lie came
now to the second mode of excluding the South from
the Territories and prohibiting the extension OF
Slavery: the assumed power OF the Territorial Legs
ature 10 control this question. This theory was OF
recent BIRTH 1t was variously explained and limited,
sometimes not without confusion OF ideas-yet lts
friends spoke of it if like some newy-discovered
quack medicine it universal cathohcon Tor the
ills the BODY polite is heir TO. Ii was an erroneous
opinion that this mode of exclusion was advo-
Gated solely by wing of the Democratic party
af the North because, whatever might be the paper
theory OF the Republican party, there nad Deen LOT
twenty years no instance where the mode could be
practically applied that the Republicans had not
sought to apply it. In Nebraska, Iowa, and proba-
Div some other Northern States; he understood too,
that the Republicans had lately made it one OF their
cardinal doctrines. Formerly, Territorial Govern
ments were the creatures OF Congress, limited III
their powers as having no sovereignty, wholy suoor
dnate 10 the creative power by which their acton was
revsable A single act OF congress conld sweep out
of existence this whole Territorial code. Thus limited.
il mus necessarily conform to the laws OF its being,
and neither by direction nor indlrectlon could II
transcend the laws of it's Federal creator Recently,
however, the Territory regarded as common
property only if at ALL until Territorial Govern
ment is organized when, by some hocus pocus OF
ererdemain il becomes quasi or absolute sovereign
ty invested with the indefeasbe title OF seli-govern-
ment and, according 10 the most prominent advocate
of this new dogma, Territory may by non-acton OF
unfrieu div legislation exclude Slavery. This power
was variously derived from the Inherent power OF
seifgovepnent existing in every community, ana
from the Kansas bill, as Endorsed by the Cnch-
natl platfoIm. To the first derivation OF power, he
would only reply that il in entire consistency
with the first great experiment of Squaer Sovereignty
The admission of California, under circumstances,
in his humble Judgment, OF the most PalpaOle
fraud ever perpetrated people pretending
10 be Free 10 the second source OF power
AS derived from the Kansas bill, he replied, IL IL
were found there, the South was most mlsertDiy
duped in that famous measure Tor siehcng agiation'
Whatever the purpose Of the author, and he says in
his contribution TO Harper that 1t was 10 remove
everything from the way OF the free eAerc6e OF
popular sovereignty, it was supported In the uth
az safeguard against unfriendiy legislation by max
ing legislation subject to the Constitution and pro-
vidng an appeal 10 the Federal Courts In all cases
where slave property involved. If they were m-
taken in this power 10 exclude Slavery by unirlendy
legislation if this Squatter sovereignty was covered up
in ambiguous language in the bill, it was refined lml-
taon Of that barbOriOus tyrant who led hs prisoners
with sailed food till they cried eagerly Tor drink, ana
tfen let down an empty cup and suffered them 10 de