Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1856-05-24

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agitation ana angry discussion to establish ths
,rsnt OF me peoples o. the several States and
Territories OF this confederscv IN da,or,,i,e Gar
themselves, subject to the organic law H.. char.
ac'er OF their domestic institutions for tho conn.
Try now to become suddenly frightened d, he
possession OF the right, and to Turn and flee
.,o'h IL as dangerous and mons,rous thing. a;
.nI ciy ol oquatfer Sovereignty or of any other
hobs oblln which nursery maid politicians NAV
raise to frighien Them from their propertv
| vast deal olidle speculation has besn o,.
Pehdeo ana very little plain common sense exer.
cisea upon THIS dogma OF words and mere Pigment
OF NE ora,n. The assertion thai he oeope of
the Territories are The proper parties ts deter
nine, under the Constitutions the character Of
their iaea institutions, more especially the cues
.ion OF slavery. has heen pronounced, with "a
eleas oedi oi ofacular gravity and phosc phia
eon'p'aoep1y, 10 oe equivalent to asserting in 90
many words the the dangerous an ahom;,ahl,
doctrine OF squatier sorereieuty." By hi. phIas.
shioboleth or catchu ord, "sqlaitcr soversiqntu.u
wneh used with this roenllous signiticsIien. is
'ueaht oy me philosophers OF ruefnl coupteuances
We nave mentioned, the doctrine which asserts
lnat the supreme politisa rover in the terrific.
RES resides IN the people thereof, most Of
whom are squatters on the public lands, land
hence The phrase, )-anl does noi reside wher.
only mo federal Constitution vests it, and
.,., o'o " "hy ioeitai, Poilllcal CT legal
possibility il can reside, in The Congress of ,hs
| United States
1t does not require any very difficult or alb.
s"use reasoning to prick this bladder as NTH "A
oodkin, and to explode this humbup, We have
only 10 settle III our minds what constitutes or.
ersignty in a Territory or State and then 70
look AZ he provisions of tho varion. territorial,
acts OF Congrass and see whather they prove
'hat ms "soveretgnty.o whatever it NAV be, ts
squattsrs.
Sovereignty is that supreme authority in
State which DERIVES rs pow e,s from no superior
sou.ee hui Is Itself Tie origin oia power and
au'noiisy, whether exercised directly by itself
of delegated 10 he exercised by aapHces o. it-
o"A eltaflnii IN every organized Stale Of lhi4
onion, tor Instance, tho sorHsignty is in the
people OF The Statr--ali otieess BEING chosen
and commissioned, ali off. ial acts being done.
III ,nelt name and dlrectl, Or indirectly by thei,
authority.
Is this the case with territories before they
become States IL all official authority il, til.
territories derived from the people Of The same,
or Is II derived from Cougr-ss2 Tia, is the ques.
aon In hand. II Is n very plain question aud
admits OF easy and ready solution By tie pau.s!
comprehension.
We all know that territories are establish..l
and territorial governments are created exclu.
s'oy Wy act oi congress So that, even II & on
efess should, IN any act establishing territory,
anu prescribing the 'orm OF its territorial gov
ernment' deiegaie TO its people Tor squatiersl
unrestricted and unlimited power 10 conduct
their political affairs according TO their own VA.
eon'tohca VIII and dIscrellon-these sQ.1ttess,
aiinongn lhey would have all the functions aud
fruits oi sovereignty wonll sill have the ,orcr.
e'gnfy Iiself-isr their authority 10 act as lhsy
were sovefelgns would DO derirasire,from Con.
sTess ana moi inherent and original in them.
selves. Thus, even il Congress should expressly
ueiega,e 10 Inc squal'eFs OF a Territory the unie.
str!cled power 10 determine the qaesian Vi
slavery Tor themselves (Which it has never do Is
IN any caseG still. the authority to DO So being
der'pattps, aud hot existing inhereAAy OF tke1f
own right III the peop'e Of he territories, 10 not
sovereign authority and lis delegation by Coh-
eress 10 them, not only would not confer Oh Their.
The s9uere'gnfy, but would ip:o facto carry along
with II tacil denial Of the dogma OF ss9uaue5
| sorereigniy.'
1t is not pretended BY any body iha, there has
ever been such an unlimited delegation VI POW
er by Congress 10 squa,lers, over any subject e,.
cepl the sItge ono Of domestic SLAYER, and
those " no contend That this power has tes
delegated IN an instance III respect that sill 81,
subject, aud that such delegation Of pow er ov.r
but sing 10 one OF the subjects ol governms,.
establishes and rec' gLIses The sovereignty of iAu
s4ualltr IN The terri,ot,-take very unphilo-
sophie and absurd position 10 say The least of H.
he delegation OF Unlimited power ever all sub
pets, would not transfer sortrtigntg 10 the re-
ciplents vi the power, as We have already seer;
and SO, would not Ter still stronger reason, the
delegation oil unlimited poner over bat Il siCpis
Az leti Of government.
| Well, then, let US see W neither il be q fact "a
we have asserted, bat the acts OF e. uyress or Or
ganlc fharters,by which The territories have been
established, do recognize Congress as The source
OF all authority aud therefore az possessing the
eorereignty OF the territories.
The Territorial acts a.s all really identical ia
their terms and in their 81 bsla nee 40 far as The,
PROVISIONS we are about 10 refer 10 are concern
ed; and what shown by ole Of them, will be-
shown by all, Oh this subject
/ II VIII suffice our Purpose to quote the pr0yi-
sionS oi :hs Utah territorial ACT, which bsca,n,
a law with the other notable Com prornis. meas
ures oil which i, is a part, on the 9Th Sci telnber,
isoo The corresponding provisions OF the Ne
oTaska- Kansas acI OF May 80, 1854, except ia
one Or Two particulars which we shall speci.y.
VAS, as Judge DOUGLAS declares, framed in ,As:
exact erns that We're used in the bill for ar
CANNING Utah and New Mesioo.n
An Inspection OF the sections Of this bill will
show IN the tIrsi place, that II is Congress hich
declares What shall be the ,erritory and es'abllsh-
rs 1t as such j; in iis fasl sestiou the bill Ell,
acts as follows:
!. BE ii enacted BY the Senate and House Of
Representatives in Congress assembled, thai all
Thai par. OF the territory Of shs United States
within the following limits setting them forth
w certain me'es and bound. Se and is Asvbp
created into temporary government, moi Gov
ereign power or olate] BY the name ol sAs ter
ritory OF Utah, &C., 4.
Thus Congress. the Sovereign, creates a tevs.
porary agency for governing the territory, 70,
tslning still the sovereignty 10 itself.
Next this same Sovereign Cong,ss DELE.
GATES The aulhosity to exercise leg isla,ive, .x-
ecalive and judicial functions in The territory.
TO certain temporary iunctionaTies Of his own.
creation; as witness .aeiioowing enacmsuts:
Sec. 4. The legislative power Of said terrific
~ shall be vested il the governor and legiss-
tive assembly, &C., &c.
Sec. s. The legelsla,ivs power of said Terri
tory shall extend IL all righiful subjects of .g-
islation, consistent with The Constitution of the
United States aud the provision Of this act, =.
All the laws passed by the legislative assem-
bly, and governor shall be submitted to tho
Congress Of the United States, and. if dissp.
proved, shall be null and Of no effect,
| Sec g. Every free whIta male pbo bi,,ue