Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26

that which claims power for them the power Of lesss
ton for the Tertoes) to be the absurd And why
give the true point of the objection. Because the United
States the sovereign. Sand how can sovereignty the
ultimate and supreme power of State, be divided i"-.
Calhoun, uoi l, %. s7l.
leave all that to the code of political metaphysics of which
am neither reader believer contentiDg myself with
an appear 70 the fundamental principles Of institutions
and to the constitution Of country which is built upon
them -
The power, whatever il is comes from the naonls n
the United States And here precisely the root of the error
which leads to all these metaphysical subeies what The
constitution PERMITS Congress may do and nothing more IF
the constitution permits it to institute governments for the
Territories and withhods the right interfere in their inter
nal concerns while the former may be exercised the aer
must be avoided and oil the scholastic renemen Of the oden
Of the latter times change one lot or ,e mi.
fundamental proposition This political axiom will hard
y supeede the constitution Congress assumes the right "a
authorize the people Of the Territories in convention
to form constitutions and State governments In like man.
ner the right TO authorize the people Of the Terri
tories to exercise many of the privileges Of self
And its do this must be tried by power do
great deal more but the great charter the fountain of
its authority Whether this difference in fact exists between
the Of Government and the power of internal leg
ton under the principles of the constitution precisely one
Of the branches Of the inquiry before
With respect the Of legislative power by the
people of Territory is assumed here by majority of
the speakers that that political condition boom conferred
by Congress- and that may be enlarged restrained
withheld, as may suit their views from time time. 1t is
not necessary for any purpose propose myself that
should undertake strictly define the relations between the
General Government and these Territorial communities
endeavor with actual precision to show how far may inn
pose restraints upon them in supervisory character
consider ourselves authorized by the constitution required
by an imperious moral necessity establish
over them do not deny that there is here reasonable
latitude for sound dscretion that their peculiar relations
under these circumstances give title 10 prescribe the
general principles Of their political organization. From their
situation and condition is difficult for them TO institute the
primary measures themselves and unless cases of over
ruling necessity there might be that union Of opinion and
OF action, without which social order would be secured
/ han hnuuov Erlt Al .-a ~
necessity, from the neglect Of the General Government to
act, as in the Of Oregon and of California they will
always be ready and able to avert the evils Of political dsor
der by political organization adequate to the end to be pro-
posed and here will deny their right to do so under
these circumstances.
Omng, then, all consideration of the peculiar principles
which should be kept in view establishment of these
local governments such the qualification Of electors the
division OF power and other provisions essential pub
lie and private prosperity there broad boundary between
rights and their Duties which pass nadvertent
N and ought not to pass desgnedy And that is the great
principle have endeavored to illustrate and enfoce-the
right to manage their internal affairs their own way,
restrained only by this quasi constitution the law establishing
their government and by the constitution and the necessity
which is our only justification for action, requires go
further Social order is secured and there action
should STOP And there have already remarked, with
has always stopped The necessity ceasing, the legislation
arising from it should Also And this result equally
follows, whether this necessity constitutional one derived
from grant OF power which cannot otherwise be
cised, moral one, requiring the Legislature
authority granted to the greater evil and
for which they responsible TO their constituents dam
gerous doctrine indeed and to be narrowly scrutnzed when
| put in practice.
And this brings to the nature Of this Congressional
legislation and its effect upon the people Of the Territories
Does enable them portion of their natural
rights by providing for the organization of their government
the Of Congress passed for the purpose enable them to
elect their convention and form State constitution or does
it confer upon them these rights, well the Of
enjoying them Do they belong Congress frs and are
they then doed out 10 the people far and fast may
suit the Congressional temper some passing political
struggle may permit Had il not been for the lesson which
this discussion has taught should not have supposed there
in This broad republic whowas willing merely
but anxious render Cesar the things Casa
to the people the things that belong them But
it not The doctrines have heard advanced upon
subject precisely those which with human
freedom in Europe, and which have achieved temporary
triumph in Hungary in Italy, and 10 Germany and they
maintained and illustrated by the same by kindred
arguments and observations We sop1gn; therefore
hare the rig to hgislae The Territories al
,ohatsoeuer. The mgor includes tie ma~ therefore
the greater, hare unlimited legislation the less There
can 6cno halt sovereignty therefore the Territories hare no
rights. Congress made to confer po,oer does not pos
and thence that these unfortunate communities
ter, from Poland to Oregon And human rights thus
tered away and sacrificed constitutional principles
but to metaphysical renements which might almost provoke
the envy of the Sagyre himself and Of the whole perpatetc
school he founded And in similar spirit is clearly proved
that as does not make people, must show by
some demonstration how many takes for that purpose and
H0 JW tHey tSSL FcStue 10 MAKE LuO peoples OF
vain to talk Of their rights their wrongs, the
one redress the other He who undertakes apply the
square and the compass human rights natural POLITICAL
will find he is dealing with subject beyond his REACH and
which has eluded many mightier grasp than his
And asked, where did the people Of the Territories
get the right esilae for themselves Where did they get
it They got it from Almighty God from the onni
potent and bene6cen being who rights and who
gave to fathers the power and the will and
maintain them.
am not speaking of revolution. That is just remedy
for violated rights But speaking of right inherent
every community that of having share in making the laws
which Them and Of which nothing but despotc
powers deprive them. That power in Europe is the
sword Here political metaphysics take its place.
The people of the Territories get the opportunity Of enjoying
this right Of government Of bringing it into practical opera
on from Congressional inerposton and they then possess
with other limitations than those arising Of the
stituon and of their relations to the United States Their
powers of legislation embrace all the subjects belonging the
social condition. There act Of Congress respecting any
OF the Territories which undertakes the various
objects Of legislation and then confer jurisdiction
them. The whole power is conveyed with the very few
ceptons have stated. and these expressly withheld
The only one indeed recoec though do not speak
positively, except general provisions for the security Of private
rights is the clause prohibiting slavery and
it follows, from these VIEWS that the Territorial Legislatures
possess full authority all the Of fe tho
relations of husband and wife, Of parent and child of guar
dian and ward, and, the nteposon of Congress
stuonal the relations of and servant including
the condition of slavery. Hence then, the objection have
often heard repeated that these legislatures upon
this subject because Congress- having power ITSELF
grant for that purpose is destitute of any real ounda-
ton IT. indeed, there any constitutional prohibition d.