The Arkansas banner., 1848-02-08

respecting both. In the other section they are se pArateA and Congress is authorized to iegslae over sPlaces occupied fcs p0biie sructues; Su, 10 sneh authority is extended to territory The iAnguage of the constitution Is that of great pFecisionee from Eeptilion, and eSeHy word as well weighed in its positive and Tsaiise sense. Aud if it's isameTs had supposed the phrase "needful rules and reguIaons' authorized legislation over places belonging to the United States. and used for public service, they f wou d scarcely have authorized IeKslaon over s,ch places in express language in snosher section.-- Again, in providing legislation Tor the District of Columbia, Congress is authorized to sexercise ex- elusive legislation" over t. Now, If the words l | "HeedfA rules and regulations" were deemed pro- 1 per and api language 10 confer legislative authority over the internal atfairs of territory why were they not employed so authorize isgslatan over the Distnei' And to reverse the order of tAe enquiry. If t was intended to confer upon CongTes the pow CT to legisiats over territory, why was not given in the same express terms in aaheriziag leejsa- tion for the District: From this view there is little doubt that st,ic' construction would deny 10 Con- gress the rights to egisate for the domestic sfaifs of the people of territory withoat their consent
 Congress has however upon varioas oceasions sx- ereised legislative power over the subject. esPeei ally in Incorporating into the law organizing ter rsories the provisions of the ordinance of 17S7 and this has been aeq'aiesced in by the people of the territory. This ordinance framed under the old eonfederacy, for the government of the North wes- tern Territory and Il sixth article forbade slavery or involuntary servltude thesein Is validity has often been questioned and s passage was pronouH- ced by Mir. Madison to be without the leas, color of constitutional law" But whether authorized or not having been passed before the adoption of the Econstuton, the act has authority as precedent for like practice under it. In erecting territorial govs nments since the adoption of the constitution the action Of Congress has not beea uniform ih organising tue North Western Territories, the pro- visions of the ordinance relating to slavery have been extended to some, and withheld from othess, standing ia the same geographical relation to the states, and such forms of organization have been proposed by Congress have met with general acqnis ence. Bat this has neither given the light to Con- gIess, nor taken t from the people of the territory The Missouri compromise cannot be regard d as an ordinary act cf le slation upon the majority prin eiple. It rather the nature of compact, not adopted as such to be sure, but assented to or quieseed in by all the states, through theif repre-. sentaiives in Congress or otherwise. Whether it has force in the territories not depends upon the construction of the constitution already discussed but Il has no binding force upon stale beyond that | of moral obligation. In the annexation of Texas, l the Missouri compromise line was extended by majority vote, but 1t disregarded by that State m her domestic organIzaiioa, nor has any depart ment of the genesal government any ether power, save her own people, any control oveT if. This fur. nishes practical Illustration, of the value of s'Hn altersbie provisions by Congress in the crssniza. ton of territory It is not denied that fl the people of the territory seqaIesce in adopt the form oi domestic government, proposed for them by Con gress 1t becomes their own, having all the force Of Ia until they ''ater abolish it." But this gives Congress constitutional right to enforce its e. gisa,Ion upon the people of the territories against their will and much les dees prohibit the people os the state Tn embryo, from exercising theiy in- herent right of sovereignty in their domestic affairs 1 The resolution declares that the domestic pelcy of the peDpe of territory should bc left with them and if that power resides In Congress, is conten ded, it should be delegated to the people of the ter rtory and be exercised by them. 1 From the Declaration of Independence to the adoption of the Constitution every of those who erected our system of government indicates pre- vang confidence in the capacity and integrity of the p ope, aud lively dstrust of delegated power and if we permit ourselves to depart from the letter of the cons taiion in search of its true spirit aud meaning, we sh 5ud keep steadily in view this great popular and controlling feature. But it is not my purpose 10 discuss further the abstract light of Con- gress 10 iegislate upon this subject.
 Whatever power may or may not rest in Congress under the Constitution, that instrument could not take from the people of territories the right pres cribe their own domestic policy; nor has it attenp- ted any such office The principles declared by this resolution are older and stronger than written i laws and paper constitutons-whch lie at the foundation of free ins utions and from which laws and constitutions emanaie-inculcating the doc trine that, the iuherent original power of ssIfgo- vernme nt was derived by man from the Sovereign n
 
 of man, and not man the creature of government | The republican theory teaches that soycrrignty resides with the people of state, and not with its poi Ecai organization; and the Declaration of In- dependence recognizes the right of the people to alter or abolish and reconst uct their government. If sovereignty resides with the people and not with the organization, 1t rests well with the people of territory, in all that their fate condition with the people of organized state; and If i is the right of the people by virtue of their innate fa ut.zg.-l their government is he If sht of tha inhabitants of tefrt1ies ia virtue oi the inbotn attribute
 in all that appertans to their domestic concerns, to fashion one suited to their condition; and if in this respect, !orm of government Is proposed for them by ths federal government, and adopted acquiescc
 in by them. they may afterwards alter abolish 1t at pleasure. Although the government of terri tory has not the same yersign power thf govern
 eat Of state in its political relations, the people of territory have, in all that spperiaus to their internal condition, the same sovereign rights as the ! people of slate. While Congress may exercise it's legislation territory 20 far as is necessary to protect the interests of the United States the egis latioa for the people should be exercised by tbem, under the Constitution. ! The mental and physical organization of man teachers that he is better fitted for government than for the government of his neghbor, and If he is incapable of dischargng this duty himself ho should moi be entrusted win the destiny of others 1 That system of government, whether temporary nr permanent--vhether appied to State, Provinces, or Ter tories, Is radically wrong. and has within itself all the elements ef ncaarchicaI oppression, wtich permits tbS representatives of one comm unity legslate for the domestic regulation of another to which they a.e not resPonsible-wk;eh Praci ically allows New York and Massachusetts, and other Atlantis States to give local laws to the people of Oregon, Minnesota. and Nebraska. to whom and whose in crests, wishes and coalition they sran FITS
 Nor .s this objection raised herc for the first time Prominent in the catalogue of grievances alleged by tour fathers against the bri ish Hing and h.s minis ters, was one ''for suspeDding lsgislatuSss and declaring themselves invested with power to ! legislsie for us.' [ Whenever or wherever community of indiyid- uals have been subec-ei to the dominion of some ex.e nal aaihesity, it has been upon the plea cf cessity the same plea by which tyrsais aad usur- pers have justified their enorities from the foa anda E ..aft Al axiJ