The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-09


Of their industry. There ia not nsw State where
this practice has not been uninterru ptedy estab-
listeo A wonderful hue and cry has just been
Taistd because the settlers In Minnesota have COM
occupant the land rendered valuable by his labor;
end Il ia is gIoated the inca nation of squat
ter sovereignty. Why. just this very thing happ n
ed. time and time again, In Ohio, more than
almost every public sale since. both there and
elsewhere. And he who knows the tolls
ard priystions and sacrifices by which the wilder
ness Is reclaimed, viii not wonder that there
should Re q strong public feeling in favor Of the
poor settler, ard anxiety that the fruits of his
labor should Lot be arrested from hum by the spscu-
lator.
As to overeigrty--indeper6erce in other
words-no msn out Of an insane hospital claims it
for the Territories Human rights are claimed for
the people, but rights in suboI to the con.
si,uticp Of the United States, and to the relation
which these Few political commodities bear 70 the
Union. The writer In the Enquirer cannot uEder-
stand bow 1t is q at the power of establishing go.
ven ments over the Territories whether derived
fri the political necessity Of the case or from the
nplcatve clsm of the constitution, which requires
necessity TO justify its toD, can exter no farther
than the necessity extends, and IL exhausted the
meme nj . government is established "The true
construction OF the constitution" says Judge Nc
Lean, sis that implied power can orly be exercised
in carrying into fleet q epecifc power. And this
implication is limited to such measures As shall be
app opriate to the subject" "Powers exercised be-
yoi this are not derived from the constitution, but
must depend ~ on an unlimited discretion; and this
is despotism. Nov, there is no specific pc ger in
the constitution which authorizes the organisation
of Territorial government" "But II this pOwer be
impied from the specific power to regulate tho dis.
shove rule, be limited to measures suitable t,
The ED in view. If Congress goes beyond
Ibis in the. organization OF q Territorial
government, they act without limitation, and may
establish monarchy; Admit that they may orgs-
Dize government which shall protect the lands
ppychssed, and provide for the administration Of
Justice among the settlers it does BY no means fol.
low u at they may establish slsvery"-"It Is mu-
Iicpal regulation Of limited extent, and Of equally
limited origin" We are prone in the United States
TO substitute poll icl metaphysics for plain common
ferse. Human rights are not to be sought for, one
by one, in volumes Of judicial decisions, nor to be
accepted and rejected, as case IN point may BE-
found. Nor they to be investigated like queG-
ton il geometIia al eatises, and the problem grave
ly presented for solution, as We have heard It In
people?"- How near must they reside TO consti.
tute one people?"-" And how far apart to make
two peoplesi" He who undertakes to apply the
square and the compass to human rights, viii find
The British Parliament was as much puzzled as
is the writer in the Enquirer, to understand how
colonial territorial population can possess any
rights. They passed an sntiNebraska law,
every unbeliever in the great doctrine of self
Cover nms Mt. They claimed, in solemn decalatory
act-here sre the words, memorable words they are,
too-thst "His Hajesty, in Parliament, has right
by statute to bind the c0lODit IN all whats0
ever" Clear, concise and dogmatical, as il written
in Richmond. And what said our revolutionary
fathers to this monstrous pretensioD They said,
in solemn continental Congress, in 1774, that the
sive power Of legislation, where their right Of repre-
sentaticn can alone be preserved In all cases OF
taxation and internal pclity," &c. These true and
wise patriots did not rack their brains to discover
power to establish governments and the power of
internal legislation. They found, to use the words
Of the great Earl OF Chatham, the prin sipes Of
fire. e00m written in the great volume of Nature"
ledge your supremacy over the empire, and your
right to establish and superintend our governments
but when you undertake TO tax US, and to regulate
our internal concerns you pass the bounds OF just
ard successfully, too. And this is just the condi
ton Of our Territories with this stronger consd
Grafton in their favor that the English form OF gov
eminent admits OF no limitation, while our general
government is enc OF limited aud granted pc wers,
ard Gun Iightfuly exercise none not previously
eDums rated. So much for squatter sovereignty,
whether Of the revolution or Of the constitution.
Al IL among The wise discoveries Of these later
Gays that our revolutionary fathers were but tyros
in political rights; and as they did not ask for
everything, Therefore they asked fer nothing. As
We hear It now seriously commended that, because
these bills do rot give to the Territories every
relation TO the United States, they, in fact,
mere dtus on, and confer none of the attributes of
self government.
The Enquirer denies that the S,uth las finally
receapzed this doctrine of the power Of the peope
OF the Territories TO manage their internal
sfais for themselves, ard calls my assertion
n.tp the subject an absurdty," "faa sjous
lcRic." and syllogistic artifce," and says
"a Ike attempt 70 entrsp, us is discredisable 70
the last degree" Well, shall not stop to handy
harsh epithets but shall content myself with repeat
ing tat the Southern representation in Congress
supported measure which confe's upon the people
Of there Territories in 20 many words the right TO
form and regulate their domestic institutions in their
own way ard subject only to the constitution Of the
the original law Of the country, by which the condi
ton OF slavery was made legal one there, should
not be revived not put in force by these new statutes;
and there was not a man in Congress who did not
under this provision the fate Of slavery in these new
regions must depend upon the viii Of the people;
and, OF course, voting with that condition was o
practical abandonment Ct tie pret ntio1 that slave
~ ID everywhere established in the Territories by
tie constitution Ard these laws present curious
illustration ofthe opposition to squatter sovereignty
Here are tw) Territories, osganized with inAtitu-
tions, possessing almost unbounded powers Of self
government, and yet there is not to this day single
white man who owns on acre Of sni in either Of
them. commend this fact to the attention OF the
Enquirer.
As to the argument repeated in that journ Il, but
hist elseNISEe, tDdy CcrSIesb, IL ID faVc
the power TO provide for the organic alton of Terri
toaial Legislatures must OF necessity, have tde pow
er to leRislate for themselves the Territories,
shsll dismiss il with but summary consideration.
Moe cannot be necessary The principle is, that
Careess cen grant no power to others which itself
it cannot exercise. The proposition, in its unlimited
ex,ent is contrsdcted by tire Legislative experience
OF every cay, for powers in Every variety Of form
IRE granted to Others which II would be the veriest
assumption en- the part of that body to claim for
itself But even If the pre Isl is mario we'd down
10 the graft Of legislative poeefs, it is equally
sefsble. The question is MOI OF mere IDLE sub-
tlty. 1t is Of consti utional authority and ia
10 be determined by the principles Of toe constisu
tiop. If that great instrument, a. a means Of ca
,5iof into eff Vt specified plser, gives authority
I sstabis h Territorial povernmeois, toefe the ju.
soioilcn OF Congress ends, and the right of tue
people 10 age their 0Sn IL rern1 affairs bsgas.
In fbe applicant Of ire pflpcps o; federal suo-c-
visit,, he q may be horest differences OF opinion
"a tie extent OF lIs operation, some bsing dis
oo 80 csiry IL further nto the details than Others
But " teityer the true practical boundary may he
II the app,intmtl,t II snnt Iinr ufcara md Che