Year: 1859


gentleman made the argument that, if the peopl,
had the power, when they come to form Stats
Constitution to decide for or against slavery
then they must have the power before. Judge
McCorkle in his speech at Nevada, repeats this
weak sophism. He said


alt is granted that the people. when they
come to form State Constitution, are perfectly
qualified to decide on the subject of slavery
Why are they qualified only at that time ?
can for my part see no reason"


These gentlemen have exhibited lack Of
correct knowledge on this point that is not n,
all creditable to them as lawyers. In the first
place the people of Territory cannot even
tuition" abolish or establish slavery They can
incorporate into their Constitution provision
abolishing or establishing slavery-but until
that Constitution has been approved by Con-
gress, and the Territory admitted into the Union
as State, 1t is as SO much blank paper. When
it is before Congress it is but petition, asking
Congress to admit Territory into the Union as
State, with it as the fundamental law of that





of that petition, it is so much waste paper; il
Congress responds affirmatively, then that petit
ton becomes the Constitution of the newly ad-
mitted State. Thus, it will be seen, that the
people of Territory, not even when they come
TO frame their State Constitution can establish
or abolish slavery, without the assistance OF
Congress. How absurd to say, then, that they
can do so before that time without the aid OF
| Congress How absurd to admit that the peo-
pie of a Territory cannot, even Ya Constitutions
Convention, establish or abolish slavery without
the assistance of Congress, aq16et claim in the
next breath that their Terri1 u Legislature car
accomplish that tremendd Is featI


But Mr.. McCorkle asks why are the people o
Territory only qualified to pass upon tbi
question at the time " when they come to franz
a State Constitution ~ The reason is too obvi
Gus to justify argument. Hence we will simpl,
prove what has for years back been the doctrin,
of all national parties, including the Democrats
party of course, upon this particular point, anc
then, for the present, rest the question


President Polk, in his last annual message, il
ls4S, thus lucidly sets forth his views upon Ter
ritorial popular sovereignty:


The people of acquired Territories, WHEN AS
sEMRLED IN CONVENTION TO FORM STATE CoNsTI
TuTIoNs, will possess the sole and exclusive DOW
er to determine for themselves whether SLAYER
shall or shall not exist within their limits !
Congress shall abstain from interfering with th
question, the people of the Territories will b.
left free to adjust it as they may think proper
WHEN THEY APPLY FOR ADMISSION AS STATES INT,
THE UNION.


These views were universally endorsed by tn,
Democracy of all sections


In 1850, Henry Clay, Douglas, and all the ma
tional men of all parties of that day, then mem
bers of the Senate, agreed upon report il
which occurs the following passage:


The true principles which ought to regulat
the Acts of Congress in forming Territoria
Government for each newly acquired domain, i
to refrain from all legislation on the subject @
slavery in the territory acquired so long as
retains the Territorial form government eav
ing it to the people of such Territory wHE
THEY HAVE ATTAINED TO SUCH CONDITION WHO
| ENTITIES THEM TO ADMISSION AS A STATE, to de
eide for themselves the question of allowance o
prohibition of domestic slavery.


In addition, we have the opinion of maiori
ty of the Supreme Court of the United State:
the highest tribunal in the land, that the prope
time for the people of Territory to pass upo
this question, is when they come to form Stat
Constitution.