Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-04-25
"SQUATTER SOVEREIGNTY {"

serve 'hls auhohi'i"n III conJuncture like the pre-
sent, when even the sober and steady statesman
is apt TO be seduced into error by the pursuit after
popularity.
Among the fair, but false and fatal theories of the
day, attracts so much homage as the s'SQuattcr
Sovereignty" courtezan. There are none so radiant
with meretricious charms, none ready with deceit.
tul promise, and none sure to cover their victim
with shame and reproach The sovereignty of the
people is noble principle, and should command uni
versal homage. "Squatter Sovereignty" is an i'm.
posture-a counterfeit copy-an ugly idol wrought by
mems hands-and should be kicked off the pedestal
where it sits in mock majesty and courts the adora-
ton Of fools and demagogues.
We cannot conceive how any doubt can arise a.
the full, perfect, unlimited and sovereign power of
the Federal Government, the territory of Kansas
as the agent trustee of the existing S,aes. By the
purchase from Lousiaaa and the subsequent extinc.
ton OF the Indian titles The territory became ours
dispose of and govern pleased, for tho common
benefit of all the States. The States only exer-
else their sovereign administrative and governmental
rights, through the in.trumcntalty of the Federal
Government. The writer's national law it is true,
ax this limi. TO the exercise of such powers "that
no nation has right 10 keep unsettled large and
fertile domain" This ia, however, mere speculative
morality, which can neTer become practical ques
ton between civilized nations.
| The practice of the Government corresponds with
our doctrine. When Louisiana WAS acquired, the
President alone was ins~l.,ed with alm ,st absolute
power over ts governmsnt till Cong should make
other regulations I'd VOL L. 5. statutes at large page
2l5, session 1903 lat tie next session (see vol. Dad
2S3,) Congress aathorizad the President to appoint
Governor and legislative Council of thirteen, all
to be land owners-who might enact laws sub ert To
the approval OF Congress. Thus the Federal Gov
ernnent continued through officers selected by itself
to exercise sovereign power numerous and
wealthy people, without allowing that people any
voice whatever in their government. \ SINH
lar course was pursued in the Nor,h-W terrific
ry, where Governor and three Judges, appointed by
the Federal Government, exercised Legislative e~ecn-
tive and judicial powers their laws ais" being SUI
iect to the approval of Congress- w. D STATUTES "
| largo, VOL 1, page 5l.l
The ordinance. however, Of l7s9 gives to this ter.
ritory the right to elect legislature, 40 ne il
shall contain five thousand free males abocc the age
Of twenty yone-(t that is when its population should
amount to about twenty-five thoussnd None were
| 10 vote for members Of Assembly unless possessed
OF freehold of fifty acres OF land. The whole tenor
Of these acts shows that it was deemed clear that the
people of the territories had right to voice in
their own government, till such right conferred
| on them by Congress.
This absolute dominion over territories IL rs-
senal to our existence "a nation. II might hap
| pen that newly conquered territory, or a territory
occupied by free negroes Indians, Chinese hordes OF
robbers or awlrss, ignorant and immoral people Of
any kind could not be trusted with any voice in their
own government even as a territory,-much less
would such people be entitled to admission as State
simply because they had population sufficient to elect
a member to Congress. The Federal Government is
bound to govern all the territories. II may and
should exercise its powers through territorial govern
nent elected by the people, t" be governed when the
people arc sufficiently moral and intelligent for
sel.government, and well Affected to MS and our
institutions. 1t should admit people as State,
who are not in all respects fitted for selfgOvernment
and should look closely to the provisions Of the Con.
stitution Of the people 80 applying, to zee whether
the great interests OF morality, religion, property
and liberty, are adequately secured To give prac-
tical application to doctrine: II should herea
ter appear that majority of new corners in Kansas,
confscate or render valueess the property of the
first settlers and in effect, Danish thosc settlers from
the 81 &C. BY their CONSTITUTIONS then it is clear with
such constitution she should not be admitted into the
Union. First, because her people betray want
of Justice and morality in their very constitution
And secondly, because the Federal Government
the common agent Of every section OF the Union, is
bonnd within the limits of its powers, to do equal
Justice to all. We do not mean to contend that when
the slnvehoding interest in territory is small, and
its constitution gives ample time and opportunity for
the removal Of slaves, that she shonld not be admit
ted as State. But we do contend, that il the cons-
ton of any territory asking admission into the Union,
contains any gross violations Of morality, religion,
property or liberty, Congress should not hestate to
refuse her petition.
The application of our doctrine is much clearer in
the case of Kanzas than in most other territories for
it is embarrassed by the provisions of treaty of
acquisition or acts of cesson, with the question
of the rights of pre- existing population After the
extinction of the Indian titles, it became mere sta
bula rasa be disposed Of and governed by us, its
owners, as we peased-conroed only by the obli-
CATION to do equal justice 70 the people of the exist
ing States, and TO observe wise humanity towards
the settlers in the territory.
Whilst absolute sovereignty over the territories
sides in the Federal Government, as representative
of the States yet the and exercise of part of
that sovereignty may be allowed TO the people of the
territories in proportion as they exhibit fitness for
sef-government. They may be unworthy of the
least trust as in the of savage indiaus or they
may be quits equal to of the highest prcrosa-
ves Of freeen, in the of the Settlers in kun-
.as. Aud SO, according 10 circumstances, the Fedc-
raj Government may keep territory in absolute pu-
ltca bondage, may allow it the privileges of full
grown political manhood But all the while the SOW
ereignty over the territories resides in the Federal
Government, and cannot be aenated on any pre-
tence. Ii is trust power and cannot be delegated.
Tue Federal Government could not, if it would abdi'
cato its sovereignty over the territories; and though
its exercise be allowed To the people the territories
vet the Federal Government reserves the right tn
modify and annul the acts of its subordlDates. In re-
.pect of any political power they may enjoy the peo
pie Of the territories are, TO borrow illustration
from the law, but tenants at will
let the power of the Federal Government
the territories is not unconditional and complete
sovereignty. Like every other trust power it Is
limited by lis nature and objects. The terrific
ries are the common property of the States the
Federal Government, their agent, is entrusted
with the control Of this property, and is bound by
the obligations of equality and honesty in the admin
istration of the estate. The Federal Government
cannot discriminate invidously between the citizens
of the States in the enjoyment of the common pro-