The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical HistoryEggleston, George Cary
History
The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2): A Narrative and Critical History
Eggleston, George Cary
United States -- History -- Civil War, 1861-1865
The student of history must observe however that that doctrine had been
very greatly impaired if not indeed set aside by the act of Virginia
in ceding her claims in the Northwest Territory and the acceptance
of that cession by the general government. In that cession it had
been stipulated that slavery should never be permitted in any of the
territory thus made a part of the national domain. The cession was
made with the direct intent that the region concerned should presently
be divided and admitted into the Union as a number of states. But
those states were thus forbidden in advance to permit the existence of
slavery within their borders. So far as they were concerned, therefore,
the supposed right of a state to legislate at will on that subject was
taken away from them even before their birth.
Here it would seem there was an abrogation or at least an important
modification of the doctrine of the right of each state to determine
this question for itself, and that modification had been made by
Virginia and everywhere accepted.
The Missouri Compromise in precisely the same manner had taken away
that right of determination from all the states that might be formed
out of the Louisiana territory lying north of the southern line of
Missouri. If the prohibition thus laid upon yet unborn states was
permissible as regards the cession of the Northwest Territory it would
seem to have been equally so with regard to the new domain west of the
Mississippi.
Further than this the sovereign right of a state to determine this
question for itself did not extend at any time to the territories.
Under the Constitution as uniformly interpreted by the Supreme Court of
the United States, Congress is supreme in the territories and may make
any law that it pleases for their governance. In other words the people
of the territories have absolutely no rights of self-government except
such as Congress may from time to time see fit to confer upon them.
This statement is not made speculatively or as an opinion of the
historian. It is a well settled doctrine of constitutional law,
affirmed by every court to which the question has at any time been
submitted.
Senator Douglas's Kansas-Nebraska Bill was based upon an assumption
precisely the reverse of this. It extended to the territories a
sovereignty which under the Constitution belonged only to states, and
which, as has been suggested, the states themselves had in a large
degree surrendered by the acceptance of the cession of the Northwest
Territory.
CHAPTER VIII
THE KANSAS WAR--THE DRED SCOTT DECISION--JOHN BROWN'S EXPLOIT AT
HARPER'S FERRY
With the aid of a considerable Northern vote in Congress the South
succeeded in passing the Kansas-Nebraska Bill, repealing the Missouri
Compromise, and under the doctrine of "Squatter Sovereignty" throwing
all the territories open to slavery at least as a possibility.
Public-domain text, read in full here on John Shaqi.
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