"It was clear, therefore, that the principle of Popular Sovereignty, introduced by the Kansas and Nebraska Bill, a principle before unknown to the law and practice of our government, would not suit the South. It appeared too probable that not only the people to inhabit all the territory north of 36° 30', but also much territory south of it, would, like the people of Kansas, reject slavery, if left to regulate their domestic institutions in their own way. What, then, were Southern politicians to do? Invoke the ancient and long exercised, but now denied and derided power of Congress over the Territories? This might prove a dangerous weapon in the hands of possible future Northern majorities. It was obviously necessary to withdraw slavery alike from the control of Congress and of the people of a Territory. Some ingenuity was required for this. The doctrine that the Constitution extends to the Territories (a doctrine broached before by Mr. Calhoun, but always defeated on the ground that the Constitution, by its language and the practice under it, was made for States only, and that the Territories were subject to the supreme control of Congress,—a control frequently exercised, not only independently of the Constitution, but in a manner incompatible with it) was introduced, with other innovations, into the Kansas and Nebraska Bill. The Dred Scott decision of the Supreme Court followed, by which the Constitution recognizes slavery as a national institution. It recognizes slaves as mere property, differing in no respect from other merchandise. The Territories belong to the nation. Every citizen has equal rights to them and in them. Why, therefore, may not a Southern man, as well as a Northern man, go into them with his property? What right has Congress to place the South under an ignominious bar of restriction? The Constitution declares that slaves are property; that all the States and the people have equal rights. The Territories belong to all. Therefore, under the Constitution, they should be enjoyed by all.
"By this ingenious logic the Kansas and Nebraska Bill is made to contradict itself. It first declares that the Constitution extends to the Territories; in other words, slavery exists there by force of the Constitution, without reference to the will of the people. It then says that the people of the Territories shall be 'perfectly free to form and regulate their domestic institutions in their own way.'
"The contradictions, duplicity, and absurdity of the law are obvious at once. The first sentence announces a change in the settled principles and policy of the Government; else why declare that the Constitution 'shall' extend to Nebraska, if it already extended there? Then comes the repeal of the Missouri Compromise. The reason given for this is, that it is inconsistent with the non-intervention by Congress with slavery, recognized in the Compromise of 1850. But that law declares positively that Congress does not intervene, because it is 'inexpedient' to do so; and gives the reason why it is inexpedient. The power of Congress was asserted by Mr. Clay, who made the law, and the terms of it were chosen for the very purpose of preventing any inference being drawn from it against that power.
"It is remarkable, too, that the Bill, whilst declaring the perfect freedom of the Territories, should still have left them subject to the power of the President, who, as before, is permitted to appoint their Governor, Judges, and Marshals, officers who are his agents, and without whose sanction the acts of the Territorial Legislature can neither become laws, nor be construed and applied, nor executed. So that the will of the people may be defeated, should it happen to be opposed to the will of the President: as was seen in the case of Kansas.
"Why," Mr. Fisher asks, "is the anomalous monster of Popular Sovereignty to be introduced with reference to slavery? Is it because slaves are 'mere property'? Why, then, not subject all property, land included, to popular control? Is it because the subject of slavery is an exciting topic, a theme for dangerous agitation, to be checked only by placing the subject beyond the power of Congress? The answer is, that Congress cannot abdicate its power on the ground of expediency. If it may give up one power, it may give up all. Nor can Congress delegate its power for the same reason. Trust power, from its very nature, cannot be delegated. To break down great principles, to set aside ancient usage, to abandon legal authority, in order to appease the contests of parties, is too great a sacrifice. No true peace can come of it; only suppressed and adjourned war."
The natural inference from the extracts we have given would be that Mr. Fisher was a member of the Republican party. But such is not the fact: Mr. Fisher rests his hope upon a party "yet to be organized." "The extreme Northern, or Free-soil, or Abolition party is only less guilty than the extreme Southern and Democratic party." Which? Does Mr. Fisher mean that "Northern," "Free-soil," and "Abolition" are synonymous terms? And does any or do all of them mean the Republican party? Or, finally, does Mr. Fisher shrink from the conclusions presented by his logic, and is his vaguely convenient linking together of different words intended to leave his position gracefully doubtful? And in that case, do the Baltimore nominations, with their innocent unconsciousness, supply his political needs? It is not easy to answer these questions. We begin now upon the views of a Pennsylvania Oppositionist; and quicksilver defied not more utterly the skill of Raymond Lullius than the doctrines of the Philadelphia school perplex the inquiries of sharply defined New England minds. The rudimentary state of Republican principles may nowhere else be so clearly seen as in Pennsylvania. Four years of the Democratic administration of her "favorite son" have done much to make her less favored sons into good Republicans; but the State needs another Democratic President. Mr. Fisher appears to much more advantage in pulling down than in building up. We have hitherto seen only the keen, fearless dissector of fraud and hypocrisy; we are now to contemplate a circumspect alarmist, who dreads to call things by their right names for fear of unpleasant consequences. He is such a master of English, so judicious in the use of middle terms,—so shrewd a fencer altogether,—that even his timidity cannot make him other than a formidable opponent.
Mr. Fisher, believing that slavery receives ample protection from a fair interpretation of the Constitution, holds that
"Congress has plenary power over the Territories, often exercised on this subject of slavery. It may be said that Congress has on various occasions prohibited slavery in the Territories. True; but with the consent and coöperation of the Southern States. The people of all the States have equal right in the Territories. To exclude the people of the Slave States, therefore, without their consent, would be unequal and opposed to the spirit of the Constitution."
Certainly it would. Who proposes to do it? No living man, woman, or child. It is worth noticing, by the way, that the Republican party is not committed to the doctrine of carrying out the principle of the Wilmot Proviso. But supposing it were, Mr. Fisher's argument has no force or direction, unless he can establish his suppressed premise,—that the exclusion of slavery from the Territories is the exclusion of "the people of the Slave States" from the Territories. And to make that good, all Mr. Fisher's skill and ingenuity will be required. Why so many Northern politicians should have weakly surrendered this point is a mystery. Because the slaveholders (who are not, Mr. Fisher, "the people of the Slave States," by any means, but a small portion of them) are at home a privileged aristocracy, have they any claim to the same position abroad? If so, on what does it rest? The laws of the Southern States? They are now beyond their jurisdiction. The common law? To that wise and beneficent law slavery is a thing unknown. The Constitution? It is silent. There is no exclusion of the Southerners even proposed. Let them come: but when they claim to carry with them the right to hold a certain class of men as property because they are recognized as property by certain local regulations elsewhere prevailing, they must not complain, if such a claim be disallowed. The Southerner's complaint, that he is accustomed to the institution of slavery, is fairly met by the Northerner's retort, that he is accustomed to the institution of freedom.
Now, which voice shall prevail? Neither party has any more right than the other; and neither party has any right at all. The Territories are in a state of wardship; and Congress is to decide as it thinks best for their welfare, present and future; and if Congress thinks that a nation prospers with free institutions and droops under slavery, then let Congress admit the Territory as a Free State. True, there is some inconvenience to the slave-holder; but from so abnormal a relation as slavery some inconvenience must result. When admitted to be a necessary evil, it is barely tolerable; when boastingly proclaimed to be a sovereign good, it is fairly intolerable. And it is both criminal and foolish to try to make good all the evils inseparable from slavery by systematic injustice to other interests.