Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-06-27

"rightful subject of legislation 2" OF course it is
The very terms of the proposition assume that in
failing y pass such laws the Legislature fails in Its
duty. The interpositon Of Congress is only to be
asked for when the legislature has fa,led to dis.
charge its duty in that respect 1t being righttu
sshiect Of legislation, full and absr ute authority
over it was conferred by that act the territorial
legislatures All preceding acts org mixing territorial
governments had contained clar Sc in these words
"All laws passed by the legislative assembly
shall be submitted to the Congress Of the United
States: and if dsapproved, STALL be null and Of no
effect"
This was omitted in the case of Kansas and Ne
braska and the omission of it naugurated the great
principle of non-intervention. This is the distnc-
tive feature and the only distinctive feature, OF that
renowned act for in other respect does 1t differ
from preceding acts organizing territorial govern
ments
| put the question distinctly, Would not resump-
ton by Congress of the right to repeal, alter, or
modify the laws Of Kansas Nebraska, be hat re-
peal Of the sixth section of that act!
Of course, ] will not deny the right Of Congress
repeal the Kansas Nebraska act or any other fed
era law but is it expedient to repeal it? DO the
southern people wish it repealed? That act has
been the battlecry in every political fight for five
years. Our section passed the BILL and those north
ern Democrats who voted for it were signally re-
buked by their constituents Its unpopularity at
the North made the House of Representatives OF the
Thirty fourth Congress Republican; its popularity
at the South made the South almost unit in favor
Of the Democratic party. The last presidential cleo
ton turned entirely on the same issue. We, the
friends of the law, after struggle unparalleled IN
the political history of the country carried the cleo
ton by bare majority. Remember how hard We
struggled for three years to pass that bill and getit
sanctioned by the people. Remember how many
northern Democrats fell in the fight Do not forget
that through its popularity have been enabled to
break down the Opposition in every southern State
except Maryland. Then answer-Do you wish to
repeal it?
If you do, go into slackcloth and ashes for the
wrong you inflicted in passing it. Mourn over the
gallant northern Democrats destroyed in the unjust
fight into which you inveigled them. Make atone
ment for having defeated Fremont Return what
you have gained in false pretenses. Make restitu-
ton of the States you have won from the Opposition
Go tell the people you have deceived them, or that
you are not willing to stand by your plghted faith
Those who choose may do sol will not in
tend to stand by the Kansas Nebraska bill in all its
parts, in spirit and in letter. and to insist total
absolute non-inte-vention by Congress will
neither make nor join in making any demand which
is contradictory of those We have heretofore made,
and which we insisted on as tests of fidelity to
at the mercy of abotionis,n as, in my judgment,
this new doctrine would place it.
1t may be asked if We are without any remedy
for our admitted right to have protection for person
and property in the Territories? answer, no.
We entitled to protection from the local egisla
ture, and if 1t fails to discharge this high duty, it
gives the clearest proof that its constituents are
unfit for sefgovernment. In such case, | would
withdraw from them the privilege Of electing the
members of the legislature, and vest the appoint
ment in the President and Senate. That is the
remedy proposed in the case of Utah. 1t is sound
in principle and sanctioned by precedent and |
would apply it to every Territory which proves it.
self to he unfit for selfgovernment
What practical advantage is to result from this
issue, in whatever manner it may be decided? In
what Territory the question of protection arise
Not in Kansas for the people of that Territory
already knocking at the door Of the Unioa and will!
in all probability whether rightfnlly or wrongfully,
be admitted during this Congress. Whether they
are admitted or not, it can have no practical bear
ing there, because the legislature has attempted to
assail the STAKEHOLDER by positive legislation and
his remedy is complete in the courts. Not in Ne
braska, nor in Oregon nor in Washington; for
there never has been slave in either of those Ter.
ritorles, and no person believes there ever will be-
Not in New Mexico, for the legislature there has al
ready passed law to protect slave property if any
should ever be taken there Perhaps the second
practical fruit of the doctrine will be the annulment
Of this law of New Mexico; the first fruit being the
destruction of the Democratic party. 1t certainly
would be, if the Senate did not stand in the way
It is propounded as hypothetical case, and is
pure abstraction, nice point Of political speculation
from which nothing is likely to flow but agitation
with which the country has already been too much
harassed
If We obtain from Congress all the legislation de
sired, and only such as is desired, and the laws
should be administered in good faith by the loca
Judges and jurors what would We gain? Certainly
no accession Of political power, for the Territorie.
have votes in Congress in the electoral college
and all admit that, in coming into the Union, tn,
majority Of the inhabitants can abolish slavery
they wish. If, in coming in, the majority bein,
opposed to the institution. should be generous o.
forbearing enough not to abolish it. the sad spectacle
would be presented of slaveholding State sendin,
| to Congress anti-slavery Senators and Representa-
tives. Such state of things would certainly weaker
instead Of strengthening the South, and I woul'
rather the institution should not exist at all in
State thus situated.
The South had become almost unit on all tn
questions connected with slavery. Her Statesmen
have been striving for years to make her 1t wa
one of the objects dearest to that lustrious states
man of South Carolina, who, having devoted tn
| oeSI yedIo VI di'u STcdIcSt poWeIS VI
exalted intellect to bringing about such unity, a
the only means of preserving the Constitution an
the Union, was doomed to go down to his grav
when the darkest clouds were hanging over us, an
our counsels were most divided. What he ha
failed to accomplish the continued encroachmen'
and menacng attitude of anti-slavery fanaticsm ha
nearly brought about when up rises this spectre
an ideal claim-to divide us in twain. The del
gates of eight States withdrew themselves from tn
Convention at Charleston because this dogma VS.
not Incorporated into the party creed This NOV
ment may bring woe upon the land by the electio
of Republican President. But am not dishear
ened. They may retire discontinued from the cam
and sit moody in their tents, but those arms tn
have SO often flashed brightly on the battlefield wi
hang ready on the walls, and when the hosts sha
be marshaled and the loud trumpet shall SCUM
those eight States must be found under the sacr,
banner Of the Constitution. We may miss them
council, but cannot believe we will lose them
battle.
Much as regret their course, have no words
reproach for the seeding delegates. The motiv
and aims Of most of them are above suspicion, al
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