Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-14


| again in Ohio, more than half century ago and
has happened at almost every public sale since,
both there and elsewhere. And he who knows the
tolls and privalions and sacrifices by which the
wilderness is reclaimed will not wonder that there
should be strong public feeling in favor of the
poor settler, and anxiety that the fruits of his
labor should not be wrested from him by the
| Speculation.
AS TO sovereignty no man out OF an insane
hospital claims il for the Territories. Human rights
are claimed tor the people but rights in subordi-
nation TO the constitution of the United States
and TO the relation which these new political
| communities bear TO the Union. The writer in
the Enquirer cannot understand how il is that the
power OF establishing governments over the
Territories, whether derived from the political
necessity Of the case, or from the implication
| clause OF the constitution, which requires ne
cessity 10 Justify its action extend no further
| than the necessity extends, and is exhausted the
moment government is established. "The true
construction of the constitutions" says Judge
| Mclean, "is, that implied powers can only. be
exercised In carrying into effect specific power
And this implication is limited 10 such measures
as shall be appropriate to the subject "Powers
| exercised beyond this not derived from The
constitution, but must depend upon an unlimited
discretion, and this is despotism. Now there is
| no specific power in the constitution which
authorizes the organization Of territorial govern
| menl" But If this power be implied from the
| specific power TO regulate the disposition of the
public lands, it must, under the above rules, be
/ limited 10 measures suitable 10 the end in view.
| II Congress goes beyond this in the organization
OF aterrltorial government they without limta-
| ton, and may establish monarchy"
| We are prone in the Uuited States 10 substitute
| political metaphysics for plain common sense
Human rights are not TO be sought for one be one
| In volumes of judicial decisions, nor to be ac-
/ copied and rejected as case in point may be
found nor are they to be investigated like aques-
| lion in geometrical treatises, and the problem
| gravely presented for solution, as we have heard
It in Congress, HoU many i,idipiduals acouM con-
| sfamte people? Hosc near mast they reside to
constitute one people, And hoo far apart to make
taoo peoples 2n He who undertakes TO apply the
square and the compass to human rights will
Ind he is dealing with subject beyond his reach
| The British Parliament was much puzzled
as Is the writer in the Enquirer TO understand how
colonial or territorial population can possess
any rights. They passed antiN Nebraska law
which must even now gladden. the hearts Of every
unbeiiever in the great doctrine of selfgovern-
ment. They claimed, in solemn declaralory
act-here are the words, memorable words they
are, too-that "hs Majesty, in Parliament, has
the right by statute 10 bind the colonies in all cases
| whatsoever" Pretty good ant-squatter-sovereig
doctrine, clear, concise, and dogmatcal as il writ
ten in Richmond. Aud what said our revolution
airy fathers 10 this monstrous pretension? They
said in solemn Continental Congress, in TIA, that
the English colonsts entitled 10 free and
exclusive power of legislation in their several
provincial legislatures, where their right of repre-
sentaton can alone be preserved, in all cases of
/ taxation and INTERNAL PoLITYps These true and
wise patriots did not rack their brains 10 discover
| marked boundary--a stone wall--between the
4 power to establish governments and the power OF
internal legislation. They found, 10 use the words
Of the great Earl Of Chatham, "the principles of
freedom written in the great volume of Naturen
They said to the British government we acknow.
| ledge your supremacy over the empire, and your
i right 10 establish and superntend our govern
ments But when you undertake TO tax us, and to
regulate our internal concerns, you pass the
bounds OF Just authority and we will resist YOU
And they did; and successfully, too And this is
Just the condition of our Territories with this
stronger consideration in their favor that the Eng
lish form of government acknowledges no limita-
| ton, while our general government is one of linn
tied and granted powers, and rightfully exer.
else none not previously enumerated. SO much
| for squatter sovereignty, whether OF the reyoIu-
ton or of the Constitution.
| The Enquirer denies that the South has finally
| recognised this doctrine of the people Of the Ter
/ ritores 10 manage their internal affairs for them
| selves, and calls my assertion upon the subject
San GbsurdHy," "faliacious logic" and a syl.o-
/ CYSTIC arfiice," and says "a like ATTEMPT 10 en-
| trap us is discredtable TO the last degree Well
shall not stop 10 handy harsh epthets, but shall
| content myself with repeating that the southern
| representation in Congress supported measure
which confers upon the people of these Terrific
ries, in so many words, the right TO form and req
ulaie their domestic institutions in their own way
L o. aH
States, and which provided expressly that the
original law Of the country, by which the condi.
| ton Of slavery was made legal one there shoutd
not be revived nor put in force by these new stat
utes. And there was not man in Congress, who
| did not know, and do not recollect one who de-
MED, that under this provision the fate of slavery
| in these new regions must depend upon the will
| OF the people. And, Of course, voting with thai
| conviction was practical abandonment of the
| pretension that slavery is everywhere established
| trt Al. Tar re hx,t hxn
laws present a curious illustration Of the opposi-
ton 10 squatter sovereignty. Here are two Terri.
tories, organized with institutions, possessing al
most uubounded powers Of selfgovernment and
| yet there is not TO this day single white man
| who owns an acre OF land in either OF them.
commend this fact 10 the attention of the En-
| guirer.
As TO the argument repeated in that journal.
but first presented elsewhere, that Congress If il
have the power 10 provide for the organization Of
territorial legislatures must Of necessity have the
power 10 legislste themselves for the Territories
/ i shall dismiss IL with but a summary consdera.
lion. More cannot be necessary. The principle
4 is, that Congress can grant no power 10 others
which itself IL cannot exercise. Tho proposition
in its unlimited extent is contradicted by The leg
islative experience Of every day, for powers in
every variety Of form are granted 10 others which
| Il would be the veriest assumption on the part of
that body 10 claim for ITSELF But even if the pre.
tension is narrowed down 10 the grant of leeisla
| tive powers, II is equally untenable. The 9ues-
ton is not one Of mere idle subtlety. Il is one
Of constitutional authority and is TO be determin
ed by the principles Of the Constitution II that
| great instrument, as n means Of carrying into
effect specified power, gives authority to estab
ish territorial governments, there the jurisdiction
Of Congress ends, and the right Of the people 10
manage their own internal affairs begins. In the
application Of the principle Of federal supervision
there may be honest differences Of opinion as 10 |
the extent of its operations some being disposed
10 carry II further IN the details than others. But
wherever the true practical boundary may be- as |
TO the appointment Of superior officers and the |
qualifications of voters, and other similar arrange.
menis Of organization, certain il is there il no /
justification for the whole power ofdomestic leas-
laton by Congress--and the whole is given If one |
Is given--over a distant people who have no rep-
resentation in that body. These, as | have shown.
were Just the views Of our revolutionary fathers
who committed this very absurdity OF denying 10
the Parliament Of England an unlimited power OIL
Internal legislation, while they conceded the gen.
eral exercise Of legislative supremacy necessary
10 the preservation Of proper relations between
The portions of a common nation Neither Lord
North nor bis master, George the Third, could at
hrst understand "such on absurd and pernicious
-.