Nebraska advertiser., 1860-02-16
Governor Blacks Veto Message

What is Popular Sovereignty
Who are the People? And what
Rights hare they while i'm q Ter
FftOrlaI Existence?
Weresume the subject Of Popular Sow
ereignty again this week. The question
has been so thoroughly discussed since
the very singular positions taken by Pre-
sident Buchanan, Governor Black and
others, that it seems almost impossible to
say anything new. The articles we CO.
pied last week from some half dozen pa
pers In the States, together with extracts
from Mr.. Douglas replies in the Senate,
to Clay, Davis, Fitch, Green and Mason,
were to the point, and so conclusive that
we almost refrain from saying another
word.
The Congressional interVentionists Of
both the North and South, contend that
the question as to the powers of a Terri
torisl Legislature over the subject Of sla-
very, was settled by the bred Scott deci-
sion. This is simply a bold, reckless, un-
tenable assertion, let who viii make it.,
and exhibits an objectionable degree of
ignorance. Ex-Attofney General John
son, who was one Of the attorneys in the
bred Scott case, says that, "not only was
no such decision given, but no opinion to
that effect was expressed by any Of the
Judges" Judge Campbell, q Of the
agreeing judges in that case, says that,
"no cognizance was taken Of the power
of Territorial Legislatures" And, in
4. the language of Nh. Douglas, Gihe ques-
ton could never come before the Supreme
Court unless a Territorial Legislature
had acted upon it, and the case taken
up
IF there was anything TO be gathered
from the spirit of the bred Scott deci-
sion touching in any manner the power
of Territorial Legislatures, it was that
they HAVE the power to either establish
or prohibit slavery at their pleasure.
There are two points in this question
we do not recollect to have seen touched
upon by any speaker, or writer on the
subject, viz: the dividing line between
the condition of Territories previous to
and after awarding a Territorial form of
government by Congress; and the differ
ence between the Organic Acts of Kan
sas and Nebraska and those before given
TO other Territories. There must be a
controlling power SOmeWhere-Mr. Buch-
gnan's "no-C Congress- egislature-or-hu -
man-power" to the contrary notwithstan-
ding. That Congress possesses exclusive
controlling power ever the common Ter
ritories of the United States, before a Ter
.%ritorial fern of government is awarded,
we presume none will deny; or that
whatever she reserves in an Organic Act.
belong to her. The moment an Organic
Act becomes a law, It must be the guide,
as to'the privileges of the people who ac-
cept it, and the powers Of their Terrific
rial Legislature-subject, of course, to
the Constitution Of the United States
and Gov. Black says the Constitution does
not carry slavery into Nebraska or pro-
tect it there, if we understand him. In
all other Organic Acts given Territories,
from that given Ohio up to the passage
Of the "Kansas-N Nebraska Bill" Congress
reserved the right to approve or disap-
prove all laws enacted by the Territorial
Legislature. In the act given Ohio, Con-
gress clothed the Governor and Judges
with the power to repeal any or all laws
passed by the Territorial Assembly. The
power was also reserved in that Act to
appoint. on the part Of Congress One-half
the members of the Legislature, and to
fill vacancies Ia cases of death or other
wise.
In the Kansas-N Nebraska Act. Congress
reserved the right to change the bounda-
ries; divide, or add to any other Territory
or State such portions of the Territories
organized as it should deem proper or
CONVENIENT It prescribes the number of
members Of the Legislature how many
days each session may continue; who
shall exercise the right Of suffrage, and
who shall not; and other matters not ne
cessary here to mention. On the subject
Of slavery, our Organic Act is so plain
we cannot for the life of US imagine how
any intelligent reader can misunderstood
it. Although "as familiar as household
words" we quote there:
ssThat the Constitution and all laws of
. the United States which are not locally
inapplicabIe, shall have the same force
and effect within the said Territory of
Nebraska as~elseWhere within the United
States, except the Sth section of the act
preparatory to the admission of Missouri
into the Union. approved March 8, 1920,