The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-18

gh 10 essale for American ci,zees thus situated and
denial them Of the powers Of sefgovernment would
be direct outrage upon of The cardinal principles for
which the fathers of hs revolution eoncndedan attack
upon thai sovereignty which all institutions recognise
being vested ~ nc people As early 1885, the colonial
assembly Of Virginia maintained tho principle that even
the British constitution protected them from the legislation
Of the Parliament and the attempt the colonies by
body declared 20 be illegal stutonal and
unjust and had manifest tendency destroy British as
well American freedom" This principle was adopted
and maintained by the people of all the colonies saab
lshed SIMPLY the right Of the people representation in
the body whence laws for their government and
there is nothing in the constitution Of the United States
which wrests IT from them. While all hands il is nd
med that in republic the sovereign power is The
people, IT contended by that Congress has sovereign
power all American citizens who reside the public
domain and beyond the limits of State boundariesand
indeed, they have gone 30 far as TO that Congress
them for local objects, legslae their internal
and domestic concerns, which assuming sovereignty
them thus depving them of the inherent and naeDable
right Of segoserament The moment they place their fee,
upon the territory of the Unon But American citizen
does not part with his portion of the sovereign power
which is in the peopo--his right Of protection and TO
ercse all the privileges of citizen under the constitution
unless he commits crime which renders him Infamous
and unworthy the trusts unless he voluntarily becomes
the subject OF foreign nation. He therefore bears with
him. when he from State TO the territory Of
exercise them for his own happiness and safety guided
the provisions and spirit of the great law which pervades
the republic and its possessons--the constitution
Our forefalhers learned that arguments however wcghy
and just had but little force in the British Parliament when
brought bear against the usupauons Of power resoed
to by that body in their legislation over the colonies and
the frequent denals which have been made in this body
and in the other end ofhe CAPITOL the American citizens
in territory have right to self government, would 60
far to prove that the great first principles which our
liberties rest are IN danger of being forgotten.
Those gentlemen who have conended that Congress pos
scsses the right to egsac for the people settled upon the
territory OF the Unlon both IN respect and inter
nal police doubtless sincere The natural propensity
to grasp which prevails in all bodies has, perhaps
,nsensioy operated in the formation of opinions hostile,
l,IuT IF
II has been attempted defend these opinions by an array
of argument and defamation, based almost wholly upon
presumed or asserted incapaciy of American cizens
comp ehend either their duties rights and their inability
govern themseyes thus setting nought the off repeated
dec Of brave and wise who secured to us our
beres the people have the power and the CAPACITY
TO govern themselves.
1t has often been attempted 10 sustain the proposition
that Congress possesses the power of legislation the
internal concerns OF ciizens residing upon the public do
main, by supposlng or imagining obstacles of various
kinds 10 the exercise OF the right at sefgovernmen by
them but experience has shown that those obstacles are
merely imaginary for IN no instance has the of that
right produced collision with the general government
been productive of injury the citizens who resored
nor has Congress- by any act the exercise
that right unlawful or improper Congress- legiti-
maely extend aid 10 The citizens settled the public do
main, which will enable them to enjoy and exercise the
right of sefgovernmen with perfection and certainty
and, without doubt 's its duty, on the acquisition of
territory whether by purchase conquest
extend II the egis Of our Judiciary system, for
that is necessary to secure such citizens may settle
IL Inc gwen them by the cOrstituOn the
provisions OF which coextensivc with the entire
public. neglect by Congress- do this necessary
mgn lead 10 evils OF serons II is possible,
though very Improbable that the people residing the
quied territory, in adopting rules regulations which
they might deem necessary tor their safety and happiness
may attempt TO wres from small minority rights which
we've secured TO them by the cons,utionthe paramount
Looking then, 70 that duty which Congress should i'm
mediaiey perform the acquisition Of new territory,
have heard sound objection permitting czens who
who md
genius OF institutions confes upon them which
The constitute does not empower Congress take from
them. may be said that that legislation by which
roria governments formed and extended citizens
the public domain is evidence of the sovereign power
Congress them but when is that this egsa-
on ia in aid Of tie right of segovernment, that has al
ways occurred upon the and petitions Of the
citizens of the several Territories, and that is not usur-
pa,n-a wrestling from the people off Territory the right Of
self governmenta The argument thus founded falls
once.
The neglect Of Congress provide for the extension Of
our judiciary system Territories has been cxtaord-
nary and, to me, Mt least unaccountable. From 1893
1885, large portion of the State Of Iowa. then nomnay
forming integral portion Of the then Territory of Mich
igan, and containing thousands of citizens, virtually
destitute of courts of justice except those which they
themselves compelled, from necessity, organize. No
United States Judge with jurisdiction over
The country which had been ceded to them by the Sac
Fox Indians and although Of Congress passed
in 1884 attaching the Black Hawk purchase ESQ caed)
the Territory of Michigan, Judge IRWIN United States
Judge to whose district it assigned decided against his
power try Offences and the Of government
local Legislature beiDg thousand miles from H. the nhab-
tan,s without any effective judicial tribunals until the
territorial government Of Wisconsin established in 1886
Oregon neglected for much longer period but follow
ing the example of Iowa, her intelligent and patriotic
squatersm legslatd for themselves.
he why the people Of the Territories have uni
ormy petitoned Congress for form of territorial govern
may be found the fact that they have always been
destitute pecunary and could not sustain
such the condition Of The required
Thus mnch have deemed necessary say 10 Justify
self IN forming the opinion that Congress power
from The constitution, either expressed implied legs
late for the internal domestic of the settled
upon the public ierritory-ha therefore, the adoption
like the Missouri OF 1890 Will
fest usurpaions law would be which should require ali
settlers purchase and hold more negroes as sav
There Is danger to the republic when Congress attempts
to exercise doubtful power the Of which depuves the
people OF any right privilege, though be not
deemed important But danger threatens when the peo-
pie representatives. refuse cotho themselves with powers
not plainly extended to them by the constitution.
No would hazard his claim the possession of com
by declaring, in plain terms that tho citizen Of
New York has right enjoy the Of the territory
the republic which possessed by citizen OF South
Carolina and II the former be permitted invited by the
general government settle thereon and for his happne.
and comfort be permitted to take with him his property OF
every description, the boon be extended to the
Inter. II then follows that il exec pon is made touch
ing the property Of the citizen OF South Carons and he
commanded by law 20 renqush the right which he he's
the service Of his negroes unjust and
discrimination made in favor Of the citizen OF New York
the constitution does recognise property persons held
TO service
When therefore, those who contend that Congress has
the power prevent the citizen of South Carolina from