The new era., 1860-06-28
Written for the New Era.
Popular Sovereignty.

lew parting words at this particular time
may not come amiss.
Born amidst turmoil and confusion,
during its ephemerial existence it caus-
ed political wrangIings and heartburn
ings, and now, like the serpent in the ia
bic, 1t has stung to death the friends
who warmed it into life.
Has it friend left who will over its
grave pronounce its eulogy and tell the
few mourners of the few good deeds il
has done during its lifetime9 Has it
settled the slavery question. Has it
brought the Southern Lion to lie down
with the Northern Lamb9 Has Kansas
or Nebraska been admitted under it? or
has the people been left perfectly free
to form their own institutions 10 their
own way' No not one of them
Then what good has it dode? Alas,
fear the eulogist will come to dead
halt when he attempts to answer.
Before its birth, during its existence,
and now after its death, Congress has
and ever shall make all needful "rules
and regulations regarding the territory
and other property ofthe United State, ;"
and it is right that it should; there is
no other practical method of governing
the territories if either of the "Twin
relics of Barbarism creep into the a ter
ritory, Congress has the power to abol-
isn it and make laws furnishing the Of
tenders
Then, perhaps, some will say that on
these grounds Congress has the power
to force slavery upon the people of the
Territory. This does not naturally fol-
low, any more than that it has the pow
i. er to force the other "twin" upon them
The question all rests here. Does the
Constitution recognize property in the
Slave as other property If it does,
then the master can take his human
chattels into any State or Territory
in spite Of all the laws that either Con-
gress or the State or Territorial Legis-
Ilatures may enact; because there is no
higher law than the Constitution, and
that Constitution says that "no person
shall be deprived OF property without
due process of law" The mere fact
ola master taking his slave over the
line out Of the State Of Missouri into the
territory Of Kansas, if he is to be de-
|prived of his property for that act, no
Judge would be willing to say that that
was done by "due process of law"
But the Constitution does mol recog-
nize the right of property in the slave
as other property; and the Supreme
Court has been very careful in decid :
ing upon this WONT. 1t says: "And If
the Constitution recognizes the right Of
property Of the master in slave, and
makes no distinction between that de-
scription of property and other property
, owned by citizen, no tribunal acting
: under the authority of the United States
whether it be Legislative, Executive
or Judicial, has a right to drov such a
i. distinction, or deny TO It The benefits of the
provisions and guarantees which have
: been provided for the protection OF
property against the encrcachments Of
Government
But every one will be willing to al
low that the Constitution does "make a
distinction" between slave and other
property. No other property votes >
The Constitution does not under the
penalty of death prohibit the importa-
: ton of other property If other proper
ty escapes into another State, the Con-
stitution does not authorize the calling
out Of the power of the United States TO
return such property to its owner. -
Nov is this not distinction enough? And
: this distinction is made by the Constitu-
ton.
In any event, no such thing as Popu-
lar Sovereignty can practically exist in
"a Territory. At first sight it seems
very fair that the people should make
their own laws in Territory as well as
in State, and is likely to take with the
masses; but on the sober SECOND
thought" it will be plainly seen that it
can never be made to work. Then why
have we had so much harping about it
/ Slavery is creature of local law
: and can only exist where it is guaran-
teed by State Constitution. And Con-
gress has no more power to force slav-
-ery into territory where it has no
been, nor cannot be made a creature oi
, local law, any more than it can force it
upon the State of Minnesota, where it is
prohibited. ~