The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-31


community-gives them a Constitution-au-
thorizes them to carry on the work of selfgov-
eminent to certain extent-sppoints them
Governor, Secretary of State, an Attorney
General, Judiciary. Who ex .rcises Sover-
eign right here-ths people of Territory, or
Congress? Can they do more than they are
authorized to do? Can they ;ercise sim
gle power not granted by Congr ,s? And has
not the power been again and gain reserved
by Congress, to revise their law, and to annul
them, should it see proper? 4 e they Sover-
eign, then, after their Territoriar organization
Where is the evidence? Brigham Young and
his People, acting upon this assumption, are
denounced as rebels; the House of Represent
atives, affirming that they are rs1els, appoints
Committee to examine the right of their
Delegate to hold his seat in that body; the
President dispatches an army to put down the
rebellion; and if the counsel of Senator Douglas
be followed, the act organizing heir organiza.
ton as a Territory will be repea al
Territorial Sovereignty Squa. ter Sovereign
tyl Popular Sovereignty in Territories What
miserable mockery.
The men who deal most Aippa ty with these
phrases, know that they mean nt,hing.
The plain truth is that viii has always
been acted upon, in a greater 4 less degree !:
The Sovereignty over the Ter tories of the
Union resides in the Federal Gos ,rnment. The
States ceded to the Congress of the Confeder.
alton the Northwest Territory; Congress &C.
cepted the cession, aad provided sn Ordinance,
in the form of Cotspact, for liz government.
The Congress of the Constitution, through that
instrument expressly became bgund by the en-
gagements of the old Congress, and, in pursu
ance of this Obligation at it's first session
passed an act recogt ising shat ordinance, and
giving it effect. I'll e clause in the Constitu-
ton, authorizing it to Psss air peedful rules
and regulations for t,e Territory -or any other
property of the United States, VAS clearly in
tended to apply to that Territory, but being
general in It's views and requied by the re.
lations of the Fedora Go8ernme; to any Ter
ritory, would apply ieasfna o any other
Territory which miglt be acquire /.
Whether the frame IS Of the Co. stitution con-
templated further TIE Fitoi ial acql istion, we do
net know: certainly .hey did NO, grant power
in express terms to scquj e; altl ugh, in con-
ferring on the Presit mt 8 I'D the enate power
to make Treaties, it may b arguet that they evil
IDENTIFY conferred the sowe of Ter torial acqui.
sition. So, too, the anne power light be incl
dental to the power O Co, gress declare war.
Conquests might be mad !, and onquests re-
tanned, as indemnity s9F wong dSze, or securi-
ty for peace. =
By Treaty, CONC test or F rchase, the
Federal Government gas ,cquires Territory
not the Sovereign cop of e. CHI separate
State; and the powe, to govern plainly in.
separable from the spwe to acq~ ire and pos
sess. Even were th,re o claus in the Con-
stitution authorizing tong ess to I axe all need
ful rules and REGULATE ms Tor thef Territory or
other property of the. Uni ed StatE the FEEDER
al Government, from the plain f.opriety and
necessity of the case, mutt possss5 this right,
as incident to its rifht u acquire. 1t alone
is Sovereign over tn, TIE sritories, and in the
exercise of its right, is limitee by its dis
L. H. . -. &e. a. O
stitution is form spf tiovernasnt for the
States united, not Tesitor es. TeySitories have
NJ State rights. y
The Federal Cove nmI Mt MAJ govern the
Territories by GS9ern ,r and Council, or
through Governor, Leg; stature, and Judici-
airy. 1t may, if it Sc proper, uithhold the
power of selfgovernk ent, or it may grant it.
1t may authorize the, people of Territory to
form State Constitutions or refu9e them au-
thority. 1t may rat ~ he form of State
Constitution. formed y them, volsptarily, and
receive them into the Union, on tseir petition,
or refuse such rati6, ,atioa and PETITION; and
until admitted into tie Union ass State, the
people of Territory 1ave no SOW feignty, but
arr under the control of the Fed raj Govern
mvnt. The Government may o wrong
may act oppressvel, = but it N ast then be
arraigned, not on CO. ,stitational rounds, but
on grounds of reasontaud natura. right The
people of a Territory have no ri bit to resist
under the Constitution, or in virtp of the Con-
stitution, for it is not over them It is not, as
assumed by the Pro Slavery ma. ,rity of the
Supreme Court for lro-Siavery opposes, ex-
tended to the m. Thea only right Of resistance
is, the great natural ght of revOl ttiOn.
We are at pains tomake these Jews promi.
nent, lest some of our leaders be pi.fplexed with
the discussions which now seem turn upon
the question of Popular Sovereig .sty, and lose
sight of the simple, cigar, wel-ests slished prn-
ciples held by the Rep 5blcans in qmmon with
the founders of our Constitution. concerning
the relations of the federal &C sernment to
Territories.
The doctrine that you'd place e4hem under
thirtyone distinct Se5eregnties,swould make
all Territorial Government an imp9ssibility.
The doctrine that claims for the. people of a
Territory, before or after Terrikrial organi.
cation, Sovereign rights, has no gsound to rest
upon-is inconsistent with the e9wer always
exercised by Congress over Territ 9ries, By the
consent and co-oper4ion Of all uarties-and
cannot be carried gut without encouraging
them in rebellion.
The doctrine that the Federal Constitution
is seliextended to the Territories is false, be
cause that paper was made by the people of the
United States, not Territories; for States, not Ter
riories; applies to Sa.es, not TERRITORIES. IF go
extended, all Territories would a, once rise to
the raOk and clsims>of States, cod as such,
be entitled, without ACT of Congress. to organize
State Constitutions, Sprm State governments
and elect Representatives and Senators to
Congress.
lac only true doctzine is, that the Federal
Government is Sovereign over Territories, has
right to govern then at its will, 40 keep them