New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-28

falcons smite Il oet err Ii be should attempt II, win
every Southern slave bocer aud oyersesr az MS ptch
calm, brave Lincoln would eplt tbem sauhosr nag a
Ia and scatter them t, the four winds OF heaven Al
though no ouch folly viii be attempted, l nave SONS
fear that the Pre- sdent will be in danger from rega-
lar s'igs. Every leading from Virgin. 70 ,ie
White House will be blocked up BY the bold cnivary
begging for Office. Instead Of coming armed with
w'apons they will bear enormous rolls Of petitions nu
merorsy signed with excellent certificates Of their 10y
atty ard fitness They will not be addressed 10 " Abe
Lincoln, Black Republican" They will be most res
peeuully headed to " His Excelsncy. Abraham Lin
coln President Of the United States the petitions most
humly showeth etc. 1t will be pleasant to see how
polite those gentlemen will become who now talk Of
that this party Is called Republican without any pre-
6x and that they have always considered il very res
pectsbe name once borne by the fathers of the revo-
luton, ard by Jefferson.
I think we are abe from the character of the new
President, TO tell some things that will happen.
He will drive the plunderers from their prey
lie will select for his Cabinet the purest and abest
men Of tie pation without regard to North or South;
preferIipQ none and rejecting none because he IL on
The one tide the other of Masons and Dixons line
He will lend the influence and power Ok his place to
foster and protect our national industry.
He will take care not to suffer his Administration to
be disgraced by allowing am member OF big Cabinet
to ihwart his recommendations by hostile official re-
ports " .,eu..
whether he approves Of them or not.
lie iS an earnest Altl-OlhVbry UhIl' anu uoio c"y
that some of the compromises of the Constitution
(which were expected to be temporary are repugnsnt
TO his feelings but while that Constitution lasts ne
will treat it the highest law known TO him IN MS
executive dutes. And he wi | take care that II snsl
last while he Is in POWER, unless II be changed IN
constitutional way. No disuDoDists will be allowed
tressonably to resist it and escape the gallows.
He will resist the extension of Slavery into any
Territory now free. .
He will aid TO apnul those infamous laws which
Douglas boosts der hs great principle, have intro,
duced white and black Slavery into New-Mexlco and
Arizona ss far North 80 degrees and West to the
Pacific Ocean.
He will help 10 extiipste another disgraceful patr-
archal " institution which pullues Utah.
He will enforce the law against the daboical slave
trade, by an earnest cooperation with other nations
ard hang the pirates.
might, perhaps, here stop, as am well aware that
in exciting times any of sober argument s less
attractive than brilliant saes pertinent anecdotes
But when the effort ia 10 build up consolidate great
and permanent party founded on important principles
reason must be convinced well as taste gratliied.
therefore ask your attention for few minutes while
attempt by perhaps dry argument to establish the truth
of the Republican doctrines, and the falsey OF all
others.
Let Ms examine the principles of the candidates and
parties in relation to the question of human liberty;
question which should be the ruling object OF all par
tee The Republican party while deplorlng the exS-
ttnce of Slavery everywhere claims right to inter-
fere with it in the States But in all the Territories it
does claim the right and intends to exercise it, as to
prevent it's extension. One wing of the Democratic
party while agreeing with the Republicans as to the
general power of Congress the Territories, yet
excludes from that power the right to legisate TO the
injury of Slavery, the ground that slaves being
property are vested rights which Legislation can d.
vest
The other wing gives partial power to Congress
over the Territories, but denies its right to prohibit
Slavery, and gives that right to such Inhabitants as
may have squatted there.
The Democratic creeds while differing among them
selves both render Congress owerless against Slavery
If the Republican doctrine be true, then both the
others fase. AL that is necessary, therefore, sto
establish that Congress has supreme power to Legls
late for the Territories The Constitution Of the United
States is compact between sovereign States forming
ore general Government according to express prnc-
pies and for purposes therein mentioned. The Terri
tories were no panty TO that compact and have no
voice in the management Of the Government. Tbs
powers Of the General Government are such as were
granted to it by the States. The powers of the Ter
rtores are euch granted to them by Congress.
The Constitution has no concern with the Territories
except go far as is expressly provided in the lnstra.
ment itself. That il confined to the provision that
Congress shall have power to dispose OF and make
all needu rules and regulations respecting the Terri.
tories or other property Of the United States"
The Supreme Court of the United States early de-
cded that this clause gave Congress sole power to
legsate for Them But even if this clause had not ex-
sted they D rred the power from the right TO acquire
and own. In 1898, Chief Justice Marshall said Il
Peters, $40, speaking Of the Territories, " they do
not participate in political power they do not share in
the Government, until che lFlorida) shall become a
State. In the meantime, Florida continues to be a
Territory of the United States governed by virtue
Of that clause in the Constitution which empowers
Congress to make all needful rules and regulations
respecting the Territory other property belonging TO
the United States" The right TO govern may be the
inevitable consequence Of the right TO acquire Terri
tory. Whichever may be the source whence the
power ia derived the possession Of it is unquesoned"
Judge fancy says if the United States could &C.
qure snd own the Territories follows as an irresst-
ible conclusion that they alone could govern them"
Ore would think that these authorities, and this az
ceedngly plain language left nothing doubtful on this
point, and shut the door against argument My ex-
cute for troubling you this point any further is be-
very small awy has denied these PROPOSE ions,
claimed the powsr for popular squatters and raised
noisy ard somewhat numeI Gus party on that basis.
But although the general right OF Congress TO egs
late for the Territories is conceded by wing of the
Democracy, yet they deny the power to prohibit and
abolish Slavery. That power is not forbidden by the
Cor stitut.on and Congress has al legislative power
in the Territories precisely their Legislatures have
10 the States All State Legislatures have the power
to sbosh Slavery unless prohibited by their own Con.
sttutiCn If Congress did not poesess that power it
follows that within the broad limits of Territories
there is power earth that can do t-a proposition
ss horrible as it is absurd
How did the Ia hers of the Revolution and the
fIamtrs of the Constitution treat this matter As
early as 1884 under the Confederation, plan was sub
mted to Congress Tor the government Of the Terri
tories. Among its provisions was one prohibiting
Slavery. 1t received the votes of majority Of the
States but not the wothrds necessary to make it law.
In 1877, however, the ordinance was passed. IL
applied to all the territory then owned by the United
States Congress- at its fret session under the present
Constitution reenaced the same law, and IL was signed
by Washington. Where then slept the vigilance Of
Washington, Madison, Jefferson, Adsms, Hamilton,
and the other great men who framed the Constitution,
Il at they did not perceive this violation of the sacred
instrument then fresh from their hands, VAST allowed
to sleep for sixty years. then to be discovered by
sgIaran demagogue and Jesuit slaveholderl
Judge fancy comedies that the law might be valid
az to the specific territory owned by the United States
hefora the adontion OF the rreaant COnstintion but