Weekly national intelligencer., 1854-11-18

late the disposition OF the pubic lands, II must unde
the above rule be limited to suitable to thu
i end in view If Congress goes beyond this in the orga
nzstion Of Territorial Government, they act withou
/ Limitation, and may establish a monarchy"
We prone in the United States to substitute poll
tica metaphysics for plain common Human rights
are not to be sought for one by n volumes Of judi
cia decisions to be accepted and rejected
in point may be found are they to envesgated like
aqueston in gecmetca treatses and the problem grave
y presented for solution, have heard it in Con-
gress, " Hon many nduidudls iconld constitute people
HoU must they reside 10 constitute People? And
far apart 10 make tpo psopes?" He who undertakes
apply the square and the compass to human rights will
/ iad be is dealing with subject beyond his reach.
The British Parliament was as much puzzled is the
writer in the Enquirer to understand how colonial
territorial population possess any rights They pass
ed anti Nebraska law which must now gladden.
the hearts OF every unbeever in the great doctrine
selfgoyernnent They claimed, in solemn declaraory
act-here are the words memorable wordsthey too
that his Majesty in Parliament, has the right by sta
tute bind the colonies all Whatsoever Pretty
good anti squatter sovereignty doctrneclear concise
and dogmatica If written IN Richmond. And what
said our revolutionary fathers to this monstrous preen
sion? They said, in solemn Continental Congress- in
LIZA, that the English coloniss entitled free
and exclusive power Of legislation in their several pro-
vncial legislatures, whore their right of representation
can alone be preserved in all of taxation and IN
TERs.L roLrY" These true and wise patriots did not
rack their brains to discover marked boundarya
wa-betveen the power to establish governments and
the power of internal legislation They found The
freedom written in the great volume Of Nature" They
said to the British Government We acknowieds re your
supremacy over the empire and your right to establish
and superntend governments but when you UNDER
take to tax MS and to regulate internal you
pass the bounds of just authority and will resist you
And they did, and successfully too And this is just the
condition Of Territories with this stronger consdera
ton in their favor that the English form of government
acknowledges limitation while our General Govern
ment is of limited and granted powers and right.
fully exercise not previously enumerated So much
for squaer sovereignty whether Of the revolution Of
the Constitution.
The Enquirer denies that the South has finally recog-
missed this doctrine of the people Of the Territories
manage their internal affairs for themselves and calls my
assertion upon the subject absurdty" "faacious
logc' and a "syllogstic arti6ce," and says "a like
attempt to enrap is discredi BILE the last degree
WELL shall not stop to handy harsh epithets but shall
coftent myself with repeating that the Southern repre-
seiatlon IN Congress supported which confers
upon the people of these Territories in many words
tho right to form and regulate their domestic institutions
IN their own way and subject only to the Constitution of
hs United States and which provided expressly that the
original law Of the country, by which the condition Of
slavery was made legal there should be revived
nor put in force by these statutes. And there
not a man in Congress who did not know, and do not
recoect one who denied that under this provision the
fate Of slavery in these regions depend upon
the will Of the people, and, of course voting with that
conviction was practical abandonment of the preten-
soH that slavery is every where established in the Terri
toriss by the Constitution And these laws present q
curious illustration Of the opposition to squaer soyer-
eighty Here two Territories, organized with irsti-
tutions possessing almost unbounded powers Of self
government and yet there is not to this day single
white man who Of land in either Of them.
commend this fact to the attention Of the Enquirer.
As to the argument repeated in that Journal but 6rst
presented elsewhere that Congress- if it have the power
to provide for the organization of Territorial Legislatures
must OF necessity have the power to egsate themselves
for the Territories shall dismiss it with but summary
considerations more cannot be necessary The principle
Is natCongresa grant power others which itself
linn in ita uulim ted
tent is contradcted by the legislative experience of every
day. for powers in every variety of form granted to
others which it would be the verest assumption on the
part of that body to claim fer ITSELF But if the prete
sion is narrowed down to the grant of legislative powers
II is equally untenabe. The question is of mere
idle subtety it is of constitutional authority and is
to be determined by the principles Of the Constitution II
that great instrument Of carrying into effect
specified power gives authority establish Territorial
Governments, there the jurisdiction Of Congress ends
and the right of the people to manage their internal
affairs begins. In the application Of the principle of
Federal supervision there may be honest differences Of
opinion to the extent of it's operation being dis
posed to carry further the details than others but
wherever the true practical boundary may be to the
appointment Of superior officers and the qualifications of
voters and other similar arrangements of organization
certain it is there is justification for the whole power
Of domestic legislation by Congressand the whole is
given if is givenover distant people who have no
representation in that body. These, have shown
were just the views of revolutionary fathers, who
committed this very absurdiy of denying to the Para-
ment oil England an unlimited power OF internal egsa-
on while they conceded the general exercise OF ega
tive supremacy necessary to the preservation of proper
relations between the portions of nation. Nei
ther Lord North nor his master George the Third could
at first understand such absurd aud pernicous prn
ciple, to borrow the words Of the Enquirer 1t took
them eight years Of schooling to learn it and the lesson
cost them empire The great champion Of the English
ministry, the hired champion sorry say Dr john
son. could understand it any than hs conductors
in Westminster his Richmond and in his
paid pamphlet, entitled Taxation Tyranny proved
10 his own satisfaction at least that it and wise
that tho British Parliament should govern the colonies
all cases whatsoever The politicians Of the Enquirer school,
like Dr. johnson in this but very unlike him in certain
other qualifications which it would be invidious
merate hold with the tenaciy this pretenson
of unmitgated dcspotisn equally unmitigaed whether
exercised by King Congress by King Nicholas Those
who defended the rights Of in 1775 were called
Cromicans, towards, Jewellers To the two latter ep
thets is added the term soUATTER sovEREGNs
last and yilest term of reproach.
But where does this claim of unlimited legislation lead
Congress has power to authorize the convocaion of
yentions in the Territories with view the formation
Of State constitutions and to the admission of new mem
bers into the Confederation. IT. then the power Of d
rect and unlimited legislation is deducble from pow
to establish Legislatures because Congress cannot
grant TN authority which it exercise, il follows
conclusiyey that that omnpotent body may spare the
people OF the Territories ell the trouble of constitution
making by doing that work for them. Even the Rich
mond Enquirer cannot escape from this position; and
there leave this branch Of the subject No further illus
raton Of the weakness of its logic the unsoundness
of its doctrine be necessary. ,sea ra
But there is one statement of the Enquirer which,
must confess, has excited my wonder and If had met
1t any where else should have said my arnazement II
displays recklessncss Of ignorance, Of something
worse than ignorance, but it is redeemed, in