Butte record., 1855-10-13

Ialrs OF the people OF the territories, and
among Others over the relation of master
and servant, or that Of husband and wife
or pare Mt and oh ld for these matters OF
dom site policy ale subjects which should
be lift to the territorial communities,
and to divest them Of the power to reg
ulate them is an act OF unmitigaicd des-
potlsm. The negation Of all power Of
interference by Congress in the Internal
government of the territories is the true
constitutional doctrine, and the only safr
and practicable one, and ! am rejoiced
that after years ef oppresSion-of oblo-
guy, indeed-it is fast establishing i'seH
Oh inpregnable grounds. The misap-
prchension which has prevailed on this
grave subject Is among the most extra
ordinary polit cal events of my time.
One would suppose that in this country
the dogma Of the ri hit of internal gov
eminent by an irresponsible legislature
over distant community, unrepresent-
Cd in the ruling body, would find but
little favor, and that the power to cstab-
lish and Put in operation a government
might well be def, nded, while the power
to cont,ol all the concerns Of human life
would be left without an advocate. The
difference is broad and practical, ard
should be the dearer to US, as it was the
very consideration urged by our revolu>
lionary fathers in their contest with the
mother country, which began by argu-
mt Mt, but ended in arms. 1t was ASSERT
ed as early as 1884, when the Continen-
tal Congress declared that the English
colonies ''are entitled to ee and ex
elusive power Of Legislation ia their sew
eral provincial legislatures, where their
right Of representation can alone be pre-
served, in all 1888 of taxation and in
ternal policy, &c" In that great strug
gle, the patriots who conduc>d it con
cedcd to the Llitlsh Pailiament the au
thority to organiz. colonial governments,
but denied their right to touch the inter
nal policy OF the people and for the
support Of that great prime pie, denied
aud deildcd as it now is, they went 10
war.
observed that highly respectable
and intelligent gentlrm n, Gov Hunt, OF
New y ork, IN letter just published,
speaks of the Nebraska bill as ''bas d
on the absurd theory Of territorial soycr-
eighty" [ never heard man support
that measure or approve il fot such a
reason. Gov. Hunt has mistaken the
snecrs Of its en- mes for the views Of lis
friends. The Ncbiaska bill rests up II
no such theory-upon 10 theory at all,
but upon the stable foundation of the
federal consti ution, and If the natural
rig hts Of man.
| know of no one who clains sovcr
eigny for the territories. Al! cnnccde
their dependence upon the United
States. But within this relation there
are mutual rights and duti 8, and the
questions-what power may Congress
lawfully exercise. and are the people Of
the territories divcstcd of all lights
must be determined, not by politico-met
aphysical consde1atiors arising out of
the attribute of sovereignty, but by the
ConstItuti Of the United States To
the law, and 10 the testimony. BY that
constitution. the general government is a
govrrnm Mt not only Of granted hut OF
limited powers, and Congress can 'xcr-
else no authority which Is not given by
the great charter thai brought it into
cxi>tencc. Let any man put lis finger
upon the clause of that instrument which
coniers this power Of internal intcrf,r-
ence, and | will abandon the principle,
long as it has been cherished by me-
Aud that is N my years, as it will appear
by reference to the Globe Of March Cl.
1882, which contains an article written
by me, and entitlcd-"A +. view of the
. inion Of the Supreme Court in the
Cherikoe Case " ID that article | OBJ
serve that the cl,use IN the constitution
autho:iz ng Congress "to dispose of, and
make all necdful rules and regulations
respect NJ the territory or other proper
ty Of the Tn ted States, r,fers To ttrri>
to'ial rights, aHd grants no jurisdiction
ovlr persons. Among oih things
say: "1he power TO dispose Of, and to
make needful rules and regulations re
speciing the terr iory and other property
OF the United States, and the power to
exrci@e g neral jurisd ction over per-
sons upon it, are essentially different
and independent The former is general
and is given in the clause referred to,
the latter is special and is fund in an
other clause, and is confined to The feds
cral tract, (the District of c 'lurnbi5, )
and to places purchased by consent of
the Legislature of the State in which the
same shall be, for the erection of RS,
magazines, arsenels, dock yards, and
other needful buildings" This is the
same doctline, subsequently advocated |
and more fully developed in my Nichol-
son letter. | r peat that this power OF
internal legislation cannot be found in
the constitution; and vain have be- n the
efforts, by rr' ssing into its service a
thousand and one expressions in that in
strument to prove it to be there; di-
ver~ity of reference which, of itself,
furn shes strong presumption against
the authority, even if there were no
other grounds of objection
Judge Mclean, Of tn Supreme Court /
of the Uni'ed States, IN some consider