The miners' express. (Dubuque, Iowa) 1849-1854, 1854-03-29

| 0f the case, imposed on them the
leapng their constitutional authorit
1t follows, that those who live upon O.
domain within the boundaries Of Statea u
the State l. gislatures for necessary laws,
those who are beyond the limits OF States m
depend upon their own inherent right Of self>
government. The assumption, by Congress, o
a rgh; to legisiate for American citizens thu:
situated, and denial to them Of the powers o
self government, would be direct outrage upon
one of .he cardinal principles for which the
fathers Of the Revolution contended-an attack
upon that sovereignty which all out institutions
recognize as being vested IN the people. AS
early as 1860, the colonial assembly of Virginia
maintained the principle that even the British
Constitution protected them from the Legislation
of the Parliament; and the attempt to tax the
colonies by that body declared to be ''iIegal,
unconstitutional, and un lust, and had manifest
tendency to destroy British as well as American
freedora-'s This principle was adopted and
maintained bv the people of all the colonies it
established IMPLY the righ, Of the people TO a
representation in the body whence laws for their
government emanate; and there Is nothing in
the Constitution of the United States which
wrests if from them. While on all hands il is
admitted that in our Republic the sovereign
power rs IN the people, it is con,ended by some
| that Congress has sovereign power over all
man, and beyond the limits of State boundaries
and, indeed, they ha We gone far as o asser It
that Congress tax them for local objects, or
legslale on their internal aud domestic con-
carns, which is assuming sovereignty over them;
thus deprlvIng them of the inherent and nalen
able right OF self government the moment they
place their feet upon the territory Of the Urion.
But an American citizen does not part with his
portion of the sovereign power watch is in the
people, his right of protection, and to exercise
| all the privileges of a citizen under the Consti.
| tuition, unless he commits crime which rem.
ders him infamous and unworthy the trusts, or
unless he voluntarily becomes the subject OF
| foreign nation. lie therefore bears with him.
| when he removes from State TO the Territory
of the Republic, his powers and rights citi-
| zen, and can there exercise them for his own
happiness and safety, guided by the provisions
and spirit of the great law which pervades
the Republic and its possessions-the Corsti-
tuition
Our farefathers learned that arguments how
ever weighy and just, had but little force in the
British Parliament, when brought to bear against
the u>urpations OF power restored tn ~ that
BODY III their legislation over the colonies and
the frequent drnials which have been made in
this body and IN the other end Of the Capitol,
that the American cit gems in our Territory have
g
prove that the great first principles on which
our liberties rest are in danger Of being for-
gotten.
Those gentlemen who have contended that
Congress possesses the right TO legslate for the
people settled upon the Territory of the Union,
both in aspect to taxes and internal police, are
doubtless sincere. The natural propensity to
grasp power which prevails in all bodies has,
perhaps, insensbv operated in the formation OF
opinions hostile, as ! hunbly conceive, to the
true spirit of our institutions 1t has been at
tempted to defend these opinions by an array OF
argument and defamation based almost wholly
ucon a presumed or asserted lncapaciy of
American citizens to comprehend either their
duties or rights, and their inability to govern
themselves thus setting at nought the oft.re
pea;ed jeclasation Of b5aye and wise men who
o us our Iiberilts, r4aats stse. suEnle. .h.e
rr and the capacity TO gog, a them
IN often been attempted TO sustain the pro.
posi,ioN4ba, Congress possesses the power Of
legislation over the internal concerns OF citizens
residing upon the public domain, by sqpposing |
or imagining obstacles Of various kinds TO the |
exercise ol the right Of self government by them;
but experience has shown that those obstacles
are merely imaginary, for in no instance has the
use of that right produced collision with the
General Government, or been productive IF in-
jury TO the citizens who reS"ried to It; nor has
Congress, by any act, pronounced the exercise
Of that right unlawful or improper. Congress
can lepiims' ely e1tend aid to the citizens set
lied upon the public domain, which will enable
them to ENJOY and exercise the right Of self gov
eminent With more perfection and certainty
and without doubt, it is its duty, on the acqut-
siti m of new territory, whether by purchase or
conquest, Immediately to extend over it the Rgis
Of our judiciary system, for tha; is necessary
to secure such citizens as may settle upos il The
rights given them by the Constitution, the pro
visions OF which are coextensve With the entire
Republic. A neglect by Congress to do this
necessary act might lead to evils of a serious
nature 1t is possible, though very improbable,
that the people residing on the acquired terri
tory, IN adopting rules or regulations which they
m ght deem necessary for their safety and hap
piness, may attempt to wrest from small mi
nority rights which were secured to them bv
the Constltuton-the paramount law.
Looking, then, to that duty which Congress
should imme ediaie.y perform on the acquisition
OF nea territory, have heard no sound obiec.
ton 20 permitting citizens who reside thereon TO
enjoy right which the whole spirit and genius
of our institutions confers upon them one
which the Constitution does not empower Con
gress to take FOR them. II may be said, that
that legislation, by which territorial governments 8
are form d and extended to citizens on the nab
lie domain is an evidence of the sovereign sower
of Congress over them, but when il is seen lha
this legislation is IN Md Of tn. right of self gov
ernmpn,, that it has always occurred upon the
memorials ard petitions of the citizens of The
several Territories, and that it is not a msurpa
tion-a wrestling from the people of Territory
the right Of self gGvern'nent-all the argument
thus founded falls at once
NJ tn W do for tboa
tension of our Judiciary system over Territories
has been extra rdnary, aud, to me, at least, un.
| accountable From 1888 to 1886, large por.
iion of the State of Iowa, then nominally form
ing an integral portion of the then Territory of
| Michigan, and containing thousands of citizens,
was virtually destitute of courts of justice, ex
! cept those which they were themselves COMPEL,
ed, from necessity, to organize. No United
! States Judge was empowered with Jurisdiction
over the country which had been ceded to them
! by the Sac and Fox Indians; and although an
/ act af Congress was passed in 1884 aitacIino the
| Back Hawk pufchasa $50 called To- the Terri
tory of Michigan, Judge Irwin, The United
! States Judge, tn who's" district it was ASSIGNED
! dec ded against his power to try offanses
end the seat Of government and local Legsla
nfe being thousand miles from H. the inhabi
tants without any effective judicial tribu.
pals until the territorial government Of Wiscon
! Y.
eeied for much longer period, but following
the example of Iowa, hhr intelligent and patriot.
| ic "squatters" legislated for themselves.
The reason why the pecp" Of the Territories
have uniformly petitoned Congress for form
of territorial government may be found in the
| fact that they have always been in destitute pc
cunary circumstances, and could not sustain
such government as the condition OF the coun.
try required.
Thus much have deemed it necessary to
say, to justify myseIfin forming the opinion that
Congress has no power from the Constitution,
either expressed or implied, to legisiate for the
! internal domestic cnnccrns of the c;tzens set
tied upon the public Terrtory-that, therefore,
the adoption Of measures like the Missouri re-
stric.ion Of 1890, or the ..Wmot proviso." are
dangsraus assumptions of power; as manifest
usurpat ons law wuuld be which should re
qure al. settlers to purchase and hold one or
more negroes as slaves.
There IS danger to the Republic when Congress
atemp,s to ex. rcise doubtful power, the use oi
which deprsUcS the people IF any right or pripi
| fcge, even though it be mt deemed important
/ But M danger threatens when the people & re-