The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-21
Is TERRITORIAL POWER DERIVED FROM CON
GRESSf

capital Of the democratic State Of indiana and pro-
Tossing to represent its tried and faithful democracy
persistently misrepresents the course and the mo-
tiyos Of this journal. Ever the alert after pre-
texts for msiaterpretaon and misrepresentation, it
has pounced upon an article in late number of our
paper in which we disproved the claim of suprema-
cy for the Inhabitants of the Territories and exploded
the whole notion Of territorial sovereignty. With a
Judicial blindness judicial ignorance alike inexcu-
sable in democratic newspaper published at the
capital of democratic State, the Sentinel comments
upon article in Of its own, of which the fol-
lowing sentence contains the gist
ssThe Cincinnati platform solemny asserts that the
American democracy recognise and adopt the principles
contained IN the organic laws establishing the Territories
OF Nebraska and Kansas, mbodying the only sound
and safe solution Of the slavery question, upon which
the great national idea of the people of this whole
try repose upon its determined conservation of the
Union, and non-inteerence Of Congress with slavery in
the Territories or in the District of Columbia
'fWe copy In full an article from the Washington
Union discussing claboratey the question of sovereignty
An the Territories denying the proposition above stated
and recognising the republican doctrine announced In the
Philadelphia platform of 1856, that the supreme ultimate
authority tho Territories resides outside of them
not withnthat the exclusive jurisdiction is with Con-
gress As understand it, this is surrender by the
Union OF the democratic issue of popular sovereignty
advocated and defended understood and accepted by the
U
is face grounding and surrendering to
the enemy"
If such be the Sentinel's real understanding of our
article there is no difficulty in the case for there is
nothing more durable than ignorance But if the
Sentinel, knowing better, merely designs to cavil at
our position, in this in 30 many other cases of
late then any effort to of its by argument
and demonstration would be idle throwing
pearls before swine Taking charitable view how
ever, Of the Sentincs conduct, we shall treat its
Misunderstanding the result of ignorance, and en-
deavor TO enlighten it by plain presentation of
fact and argument make
The article to which the Sentinel excerpts was
written as the sequel to one by which we had pre-
coded it few days before. In the former article
we had analysed the various opinions which were
held by different statesmen, as follows
Conflicting opinions prevail in regard to most
delicate and important question connected with the
constitutional policy Of the Union In order to bring
the subject distinctly before the reader we propose
to analyze the several contradictory opinions which
may be said to prevail this matter amongst those
who profess adherence to the democratic and oppo-
sition parties. ...
a. There are those who maintain that Congress,
by virtue of the constitution possesses penary power
all the affairs Of the Territories. This class
declare for instance, that Congress is fully empow-
cred to prohibit slavery therein, including the Dis
trict of Columbia l
III. There is another class of men who are demo-
Gratis that maintain that the people of the Territories
by virtue of their inherent sovereign rights sane
toned by the theory of the American government,
possess plenary powers of Legislation, extending TO
all subjects of local concern, including that of
slavery.
"III There is still another class of democrats who
assert that the Territories the common property
of all the States that governments authorized by
Congress therein act by virtue of authority conferred
upon them by the States through the federal legis-
lature /; that they representative governments,
and are limited in the sphere of their operations
strictly to the maintenance of public order and to
the security of persons and property therein; that
the authority Of territorial legislature does not
tend to the subject of slavery at all, that relation be-
ing recognised by nearly half the States of the
Union and persons going into the Territories with
their slaves carry with them for their protection
the rights which appertain to slave property in the
slave States that the title to slaves is fixed by
virtue OF the jurisdiction of the constitution
over the local G9vernment--not that such iurisdc-
ton in itself establishes slavery, but a citizen of
one Of the States taking his slaves into the Territory
may demand the protection of the laws and invoke
all the usual remedies in his behalf which are APP
plicable to other property therein
We had followed up the article from which this
extract is made with the at which the Sentinel