The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-07-12
Objections Yriumphantly Met.

ernor.. Secretary, U. S. Judges, District
Attorney and Marshall. They say it''goes
too FAR and not far enough with its princi-
pies OF the popular sovereignty of the peo-
pie, and thatit is dastardlv insult TO the
real sovereigns. In reply TO this we have
only to refer to Douglas last speech on
that point. which will most effec,ually take
the dust FROM their eyes, and show that
their balderdash upon this question is all
humbug. xAHe ask the attention Of all.
"The Senator from Ohio Mr.. Chase
has called the attention of the Senate and
the country, very emphatically to the TACT,
that, on former occasion, he proposed,
ss an amendment TO the bill, that the off.
GERS, who by the terms Of the bill, are to
be appointed by the executive. should be
elected by the people of the Territories:
and, because his amendment did not pre-.
vail, he argues that there is a partial aban.
donment OF the great principle of self
government upon which the bill is found
ed. have heard this position taken be-
fore and elsewhere, with the view Of i'm.
pressing the people Of the country with
the idea that the bill contains radical
defect; involving departure from the
great fundamental principles which con.
stitutes its chief characteristic.
Now, sir, wish to remind the Senate
and impress upon the attention Of the
country the striking fact. that every Office
i'm the Territories Of Nebraska and Kan
sas which is local and not national, every
office the duties of which are territorial
and not federal in their nature. is by the
Oh he Id hx, sho Ia
in such manner as they shall prescribe
through their representatives in the terri
torial legislatures. In this class it embrace
ed The great mass of all the judicial and
ministerial officers of the Territories. 1t
is true that there is another class Of Off
GERS. very small in number, 40, exceeding
seven | believe. who are charged with fed
eral duties, and consequently made re.
sponsible to the federal government. This
class OF officers includes the Governor.
Secretary, United States Judges, District
Attorney, aud Marshall, as the greater por.
ton Of their duties are federal, and effect
higher degree than those of the Territory.
1t has always been the practice to pay
their salaries from the national treasury.
and have their appointments emanate from
federal authority.
The most important and delicate duties
usually devolving upon the governor of a
territory. are those relating to the manage
ment OF our IndIan affairs, making trea.
ties, paying annuities. and enforcing the
Intercourse laws with the different tribes.
Tbe peace of the country and the safety
of tho frontier settlements often depend
upon his prudence, discretion end firmuess.
For the faithful performance of all these
duties. and indeed OF all others of fed
eral character. he must. in the fitness OF
things, be made responsible to the appro.
pirate departments Of the federal govern
ment. How is this accountability to be
rendered effectual, except by the power OF
appointment and removal! The Secreta-
ry is the disbursng officer OF the federal
government within the Territory, and in
contemplation of law is the agent Of the
Treasury department for that purpose.
He is charged with the department of the
general and incidental expenses of the
legislature and with the proper application
of all moneys appropriated from the ma
tional treasury for expenditure in the ter
sTitories. Hence it will be observed that the
Secretary of a territory, is from the nature
of his duties. United States officer. and
NOT local officer Of the Territory. For
these reasons The bill for the organization
of these Territories provides that the Gov
ernor and Secretary shall be appointed by
the President with the advice and consent
OF the Senate. the same as all other Uni.
red States officers, and in the disburse-
ment of the public funds, shall be respon-
sible to the Treasury. Department.
Pursuing the same train Of argument,
the Senator from Ohio complains that the
Judges in these Territories are to be ap-
pointed by the President and Sen ate in
stead Of being elected by the people
Does not that Senator well know that the
Judges, provided for by this bill, are Uni
ted States Judges? Does he not well
know that Judges OF the same class in
the State OF Ohio, and every other State,
are appointed by the President and SEN
ate? Does he not know that under the
Constitution Of the United States you can
not refer the election Of United States
Judges in the different States to the peo-
pie OF these States? knowing these facts
as every lawyer of his rank should know
them, why should he make this poin,
against the bill, and in mode calculated
% leave the impression upon the public
mind that in this respect there is depar.
ture from the principle on which the bill
rests?
MIR. Chase. Will the Senator from II.
linois allow me TO interrupt him for mo.
mentl
MIR. Douglass. Certainly.
Mr.. Chase. The Judges Of the terri
tories have been held by the Court which
sits in the chamber below US, | suppose
and certainly. they have been held by the
Senate here. not to be Judges ''of the Uni
ted .States.'' but TO be appointed by tht
government for limited terms, removal a
the pleasure Of the President, and there
fSre not Constitutional Judges, but simpl,
Legislative judges, think the Senator il
very well aware oi that.
Mr.. Douglas. ! am very well aware o
what the Senator from Ohio alludes to
But when he speaks of the tenure OF thei