Washington telegraph., 1856-09-03
VOL. XVI.
DEM0CRATIC TESTIMONY
a RAY OF LIGHT.

We transfer the following article from
that able paper, the jefferson (Texas)
HsT9td, edited by Hon. III. j.. GRINsTED
"a is d cheering indication of the way in
E-iicn the popular current is setting, to
see Democrats assume the position here
taken by our talented confrere. We COM
mend the opinions set forth in what fol-
lows as well worthy the calm, dispassion-
ate, careful consideration of all men who
have the good of the country at heart
There is general upheaving of the
Southern mind in regard to the question
which Judge GRINsTED commences to
discuss We shall look for the continua-
tiOn of his views with some anxiety
and We wish our readers to consider
rel what he says:
Squatter Sovereignty, Again.
We promised in our issue of week be-
fore last, to refer again to the doctrine of
squatter sovereignty. What we under
stand by the term Is simply this: that the
INHABITANTS of a territory have the right
TO elect their own officers and make their
own laws, including of course the right to
prohibit or establish slavery Understand
ing 1t thus, We are opposed to it, uncom-
promIslngiy- 1t Is at once an acknowl-
cdgment that it is within the power of
Congress to authorize an irresponsible body
of squatters to exclude the South from all
participation In the enjoyment of that
in which she is equally interested with
the other section of the Union, and to
which she has equal rights. Let us ex-
anime the basis on which this doctrine
rests 1t assumes in the first place that
all the territory of the United States be-
longs to the Federal Government, and that
the States have no right therein, except
such as Congress, or Its creatures, the Ter
TltOFlal Legislatures, deign to grant them
1t further assumes, that under the clause
of the constitution which authorizes Con-
gress to make all needful rules and regu-
latIOns for the government of Territories,
congress may either exclude slavery by
positive enactment, or by erecting the
Territory into sovereign community, al
low 1t to do the same thing. We hold
these assumptions to be absolutely, with
out foundation in law, In fact, or in JUS
iIce- 1t slaves are property, and if the
Territories belong to the States in common.
thea 4 citizen of Texas has the same right /
TO 20 to any of them with his slaves, that !
a citizen of New England would have to
enigrate thither with his Implements of
husbandry- The same laws that would
protect him in the enjoyment of his pro-
Fe-ty- would also protect the other In the
enjoyment of his. Congress can exercise
10 power net expressly delegated BIZ the
constitution. Does that instrument give
l. It the power to prohibit or abolish sla-
very. the clause cannot be found Con-
gTcss Is required By the Constitution 90
pass law for the reclamation of fugitives
Er)E service or labor, escaping from one
State into another. That has already
been done, and there its whole power over
tis subject ceased Congress is required
u provide for the government of the ter
-.''ries, but can it delegate TO them pow
rs winch 1t does not possess itself or aU-
.LJr.Le them to perform acts in violation
tie constitution! To suppose SO, is
Ia .Osurdity- But We are met here witt,
lae objection that, if the people of the
territories cannot exclude slavery In their
chrysalis condition, how can they do so
when they come to form u state Constitu-
ton. The answer is patent. While oc-
eaPying the position OF Territory they
can exercise no powers, save those delega-
ted to them by Congress. But when they
petition to be admitted as State, and
their petition is granted, then they are by
virtue Of that grant an incipient or quasi
soyerclgnty- When their organic law is
adopted they then exclude slavery by viz
Tue OF that law, and not In a territorial
capacity The moment they become SOW
eTelgn state slavery is prohibited, and not
before The acts are simultaneous.
The paramount objection to the doctrine
that 1t comedies to the inhabitants of
the territory, no matter how few In NUM-
Cer' or who they may be, the same abso-
lu'e and unqualified rights of sovereign
y tnat appertain to the several States,
SUBJECT to no check, limitation, or control
"na'ever- As soon as a territory is or
Sanlzed by Congress In accordance with
'hese principles one hundred men, if that
shoVld be the whole number of voters.
might proceed to elect members of their
legislature, and that body by their first
sInclal act might .foreuer exclude slavery
trOm its limits.
Dntl the passage of the Kansas-Ne-
Uraska bill it had been the practice of the
government, so far as we are able to as
certain, to retain in some manner the
power to negative such improper, and un-
institutional laws as light be passed by the
terrltOrial legislatures For instance. where
The bill establishing the territory did not
requlre all laws passed therein. to he sub
Il'ted to Congress for approval, the RIGHT
+as reserved to the President of apnoint-
ing the members of the Senate, as we'll as
he Governor- By this means, if the low
house passed an unconstitutional mea-
re the Senate acted as check, and in
e last resort the Governor was there with
veto to arrest the wrongful act.
In the Kansas and Nebrasta b;JlS tbo