The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-03

gated power Il can neither create nor acquire new
nv bower but what its makers gave H. and all they did
give L the constitution itself sets forth Thspower 10
govern Territories like all its other powers u given and
limited BY that instrument; and il Congress cannot get
the power from II, II never can acquire IT,
What then, is meant by the assertion that the right 70
govern Territories = consequent upon the right 70 ac
quire them Ian Congress govern them IN manner IN
compatible with the spirit OF The
bic with the spirit OF our win
the native and InhereRi rights not only OF our own cl-
zens but according to the principles Of our
incompatible with The native rights OF all men Vague and
indefinite ideas only blind the mind and yeil the folly Of
its conclusions; but touched by the spear oil truth
will start up and beiIay its proper form Our govern
ment is but the organ OF the popular wilthe organ OF
the popular will in the and form prescribed BY
the organic law In The Declaration OF Independence our
fathers asserted that all governments derive their just
powers from the consent OF the governed and il the prnc
old thirteen colonies They charged il as grievous
wrong that the government of Great Britain interered
with the colonial local legislation and yet we, their de-
scendants, propose 70 interfere in the way in rea
ton Territories Congress passed law 10 enable
the people OF Alabama 10 form constitutions and to be-
come State and the presumption would seem TO follow
that the people OF that State their present rights to
that benevolent act; but who believes ii choose 10
place my rights as citizen OF Ohio loftier grounds
than congressional gifts trace them 10 higher source
II all men are endowed with equal rights, no man or
community OF men have any other right to rule and
govern others than the right Of force il they rule and
govern them IN opposition TO their will. The fed
eral government was created for general and national
objects but the sovereignty of the people, acting
through and in their State and local organizations The
only power which can establish for each lis pecu
liar laws On this distinction hangs the nations safety
The different States could agree in relation their
local laws, but the continent itself would find its interests
under government a nation Preserving unmpaired
the sovereignty Of each community the conederacy may
swell Its numbers, and extend It's bounds; but If you
late that the foundation OF your national power gone
In assuming the power 10 control the local legislation of
the Territories, you the feather end OF The wedge
which, driven home, will rive your Union in twain
Your practice over the Territories will prepare you for
claims over the States; and there safety, except in
the undisurbed exercise of the peoples sovereign will
each organization moving and acting within IFS own le
climate sphere. These the principles to which /
my PATH" and wherever they may lead me- shall go in
the language OF Judge Baldwin, nothing fearing that
can discover some sound and safe maxms Of american
policy and jurisprudence. which will always afford me
light enough TO decide"
We assert that all just power is derived from the con-
sent OF the governed that the people have the right to
alter or abolish their governments that all born
free and equals that there certain natural and inaien
able rights and yet declare that the peopen terrific
rycomPosed too. as they may be. principally Of our
native born citizenshave rights whatever but
such as the benevolence of Congress may confer Our
institutions are based upon the doctrines, that in poht
cal sense, the people are the fountain Of all power and
the Of all auhory that they have instituted gov
ernments for their own ends that they have right to
establish and modify their governments at will; and
that within the bounds OF each community, such,
they sovereign and independent They created the
general government, and conferred specific powers
on 1t. These powers national in their character,
and by compact made supreme; but they are not in
nate is the government sovereign in ITSELF because
the only sovereignty is in the people. AS in state Of
nature no reason can be given why the rights OF
should be superior 10 anolher conclude that the rights
OF all are equal Government them must find its power
IN their consent The aggregation OF individuals to form
agoyerEment establishes but unity as in relation to
similar unity formed by others and the governments OF
The earth stand toward each other like individuals in
sate OF naturehe right each perfect and independent
Without organization the sovereignty OF the people
he xls and all
authority not emanating from il has but the right which
aferance gives The inherent and natural rights OF
the same, whether Territory monarchy, or an
organized republican State-the in New Mexico
in New York. and tine wrong OF interference is the
IN either place. because the compact is the only authority
in both In Territory, to use the phrase Of Judge Mar
shall the people may have :" the means OF self gov.
eminent and the aid OF Congress may be right; but is
right only TO the extent that the medns wanting and
the people themselves consent.
The fact has been quoted, that the territorial judges
have enacted laws; and il has been exutngly asked,
sow + ss could delegate tins without
gate legislative power at all But, 10 let this pass,
there is the other question TO be answered Did not
those laws for their obligations rest at last upon the peo
pies implied assent Ihey were binding as against the
people, Congress could have kept them in force their
own will; and yet the people had right TO make them
selves free and Independent State. The absurdity is
complete Does Congress possess the right independent
OF, and apart FROM the people Of the Territories not only
to make their local laws, but TO delegate that power TO
others regardless OF their will How is the power de-
rived. What power earth conferred it, What prin-
cple gives sanconi The law OF force is not the law
OF right These contradictions the simplicity OF our
government Its theory recognises the sovereignty OF the
people and the independence OF the States the supremacy
Of the constitution of the Union the national power OF
the federal government and the inherent power OF each
community to regulate their own affairs.
II absurd, said distinguished man. 10 suppose thai
the people of the Territories have right control the
character of their laws because. said he the first half
dozen squaers would become the sovereigns with full
dominion and sovereignty them, and the conquered
people OF New Mexico and California would become the
sovereigns, vested with the full right OF excluding
their conquerors"
When New Mexico and California were coded 10 this
Union, the political allegiance OF their people changed
constitution OF the republic. The people OF the States
are sovereign but they must respect that constitution
well as the people of California No State exclude
the citizens Of another State the people OF Ter
ntory do But because State cannot exclude them,
does follow that its people not sovereign II not
why draw different conclusion IN relation TO the people
OF the Territories SO incomplete. in my Judgment has
been the grasp which eminent have taken of this
subject But neither bold preension nor muddy meta.
10 IT, and imparality alone be successful in the
search There Is no sovereignty in governments. The
sovereignty in the constituency and II ia this dstnc
ton which makes the difference between the English
law and ours, and mobiles in our country the law
OF paiions, regard 10 colonies conquered countries
which the publIciss have laid down, Flowing as II
does from their native and inherent rights one people
cannot of right be sovereign another nor from the
nature OF things, any government be established with
greater powers than the makers themselves possess
The rights Of every people being the same If one as
sertr dominion over another, assas the foundation OF
its own. That one State be dependant on another
and yet sovereign, ack nowledged and IL is obvious