The primitive Republican. (Columbus, Miss.) 18??-1852, 1852-04-08

even depend on congressional action, but
upon the const; tuition, which does not even
look to this subject of early or of late legis-
latiOn, nor the practical considerations to
which it may rise. The rightful power,
therefore, is not affected by the mode in
which it may be exercised, whether bearing
upon one or another of the vast variety of
objects of civilized life which fall within the
scope of legislation.
All, therefore, claimed for the terrific
rial governments was the right of legisla-
ton in all cases, not in conflict with the con-
stitution-the same general right of legisla-
ton which enabled the territorial govern
ments of Mississippi, of Alabama, and other
southern Territories to control the question
of slavery within their limits, and which the
northern Territories might have controlled
at their pleasure, had there been no restrfc-
ton upon their power. This was no ques-
ton of Sovereignty" but of right under the
sovereign authority IF the constitution,
And if the first settlers in any of the Terri
tories might establish their future policy up
on this subject by early legislation, know
of no constitutional principle which could re-
fuse the same power to all the others.
A few words more, sir, as to California,
and what has been called "squatter sover-
eighty" | have already said that my Nj
cholson letter referred only to such terrific
rial governments as had been established by
Congress, and it looked only to such govern
mcnts to be thereafter established by the same
authority over future acquisitions, should
any such be confirmed to us by a treaty of
peace. AS to the condition of things in
California which followed in consequence of
the failure of Congress to provide govern
ments for the Mexican cessiOns, no one fore
saw it; certainly no one endeavored to pro-
vide against it. My letter, therefore, did
not touch that point at ALL But the diff
Guilty came, and large body of American
citizens upon the shores of the Pacific found
themselves without government, and exposed
to all the fearful evils which such a state of
things necessarily brings with it. Life,
property, all the objects indeed of the social
system, were at hazard, without some prompt
and efficient action. That action we re-
fused to take, and the people had no other
5 reliance but upon their own wisdom and en-
) ergy. The result was honorable to them
} selves, to their country, and to human ma
ture. 1t was the most trying experiment,
e perhaps, ever made upon the capacity of man
\ for elf-government, but they passed through
the fiery furnace unscathed, untouched, in.
e deed, by the devouring element They es-
= tablished government, and am not going
: to argue with any man who denies THEN
: right to have done so. l assume it as 6
: self-evident proposition in this middle of the
, nineteenth century. 1t was not, as it has
been called, an act of revolution; for how
r can there be revolution where there has
# been no pre-existing government? 1t wal
e an act of political organization, essential t.
It the very existence of society. Well, sir,
n they had established a government, wha
Q kind Of one must it have been? Some sa,
Y territorial. But, sir, that was impossible
n for that kind of government presupposes Ger
r, tain relations with the United States which
IS Congress alone can define and regulate /
n, was impossible for self-constituted govern
ID ment to put itself in that position, with it
lie laws and officers controlled by federal au
# thOrity, without the action of that authority
i Nothing else was left to the people but to d
o. as they did-to lay the foundation of thei
a. with their work. Conceding, then, tha
of they had the right to provide for their indis
at pensable political wants by this course, whG
be limitation was there upon the exercise {
III their powers in framing their government
al Why, sir, if they could do anything, the
be could do everything not in conflict with tn
er constitution of the United States. An
w. this brings me back to the original question
ct whether the constitution does expressive, {
a by necessary implication, prohibit the exc
IS else of this contested power, or whether
H. grants any rights which render its action il
e. compatible with their superior obligation.
r. have already said can find for myself L
CHI such provision in that instrument. 1t Wi
an be recollected that the whole basis of my Il
hi gument, whether right or wrong, was foun'
tn ed on the indefeasible right of every distin
ID political community to regulate it's own go
" eminent, when not rightfully controlled /
on some superior authority. The only superi,
IT, authority which in this country could lin
IL this right must be derived from the CO.
es- stitution of the United States, and ther
b. fore every political power not thus imitC
its belongs to the people of the Territories
3D. That was and is my view.
As to the term "squatter sovereignty
Of or landlord sovereignty, and the reproach
to is intended to carry with it, they becon
of neither our age nor county. Men are e
in titled to government, even if they are Ian
pa less and human lite and human happine
. are worth protection, Notwithstanding ]
in mote authority may be the great lal.dlor
The holding vast domains in a state of natul
alb which it neither grants nor governs. Ma
lu- of the doctrines upon this subject carry
bt, back to the middle ages, when land "
on everything, and man nothing We have 1
- rived at period when better views preva
IN when human nature asserts its rights, a
es- the exercise of political power does not
mi pend upon the accident of property, but I
vet on the great principles of freedom and j
tu- equality. One of two things is inevitabl
he either the people of California had the rig
an to establish a government for themselv
sti- without reference to ''squatter sovereignty
to or landlord sovereignty, or they were nee
of sarily condemned to live without COVE
of ment, or rather to die without one-for
OBJ man life, under such circumstances, wou
'lor be far more precarious than in the blood
set battle on record They chose to do WI
lrst We refused-to found political system,
N tording protection to the great objects of
iab- man society; and / know nothing Of |
on character Of ny countrymen, North
we South IT, On calm raaoof;o, 49,, IL