The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-05

satsy taeu aad country MAT the true principles Of
popular ssveregaty and the fundAnenta principles Of
democracy, require me TO support the L.
compton constitution. think, si. that this Same doc
trine OF popular sovereignty, as hsbtuay Understood
eh n, s1a -sb sna bs S."e
themselves am at loss to perceive how u body OF
meu under foreign dominion can be said TO be clothed
with the powers Of self government The spectacle with
which most familiar is that OF the sovereignty OF
people of the States present exercise ap
plcso But the law which the representatives of the
people Of the States enact for the Of the nha
bsnts OF Territories beyond the States instance
OF popular government but OF popular tyranny Even
were there for suca tyranny to be found in
the peculiar posture OF the Territories the integrity OF
constitutional fabric aud the safety OF individual rights
would instantly repudiate and denounce it. There u.s.
however no such pacu,arity-none that raise oven
plausible preteu for gross and moastrous violation OF
nacrablc privileges take i, that popular right but
the aggregation of individual rights; and what there a.
either in the soil in the atmosphere Of Territory not
only to neu;raze but to Cypress these rights am I'M
able TO perceive quite true that the federal govern
msnt represents the proprietary right Of the people OF the
States in and TO the pubic domain and a. tner trus
tee, is clothed with eli per necessary to the care and
comprchcnts tina. Of sanitary police and all rules aad
regulations essential to tho OF tho estate are
properly Obligatory upon the inhablsns on II Inis
power may, ~tl accuracy, he denomins.ed dominion.
domns-lord-land.ord-,h landlord proprietary right
Sir this all the right Of control vested either IN the
people OF the States in the federal government,
their trustee over the Territories or the people
in the Territories. Quite different, however,
from this right Of dominion in the government,
ro;erabe TO the attributes Of property the other to the at
tributes Of man. To the one we are to look for the source
tue power claimed and exerted by absoutsm its
subjects by depois their vassas by feuda Europe
over its euslaved millions To the other to pro.
for the origin CT that representative government which
characerzes and protects American freedom In the
tabshed right OF property IN the throne. not only to
its realms but through that property to the sovereignty
which, by feuda felton, depends upon it, we observe the
concentration in the prince OF dominion lands and OF
sovereignty their occupants The feud therefore,
the very Of monarchy and combines the lord
control
Of the Old World But the allodial tenure Of Ame,i
can soil secures the proprietary right to the PEG
pie, in whom also reposes sovereignty And within the
States where each is united in one body, sovereignty
and dominion combine for the penary power OF the
masses When, however, as Ia the Territories, the pro
prietary right Of dominion docs no. exist in the inhab
taots in the States be then exercised
with reference only to the alton OF the estate and
with subordna,ion to the sovereignty OF the people
unaffected and unapproachabe thereby. So, sir while
grant that Congress may constituonay exercise all the
functions of proprietor of the public domain in the Terri
tories clear that any, the smallest attempt, its
part to Coerce govern or control their Inhabitants is an
Of the people. As this poson intimately affects the con-
sttutona relations of the people Of Kansas TO those OF the
Unon and OF consequence bears directly upon the force
and obligations o! all organic enabling and other laws by
Congress enacted for them, trust, sir, that shall be
permitted TO fortfy il by constitutional references. II has
been generally supposed that the of the third section
OF article four o. the constitution which declares that
Congress shall have power to dispose Of and make all
neeaiul rules and regulations respecting the territory
other property belonging to the United States authorizes
tile political action Of Congress the Territories While
the history OF the section proves the Of the suppose
ton, also demonstrates that the Convention refused
confer political territorial power upon Congress Says the
resilient Thos H. Benton The clause first proposed
by Mr. Madison included temporary governments for the
States arising this territory. Referred to the
Committee Detail, of which Governor Morris chair
it returned with governments struck out, and
adopted by the Convention it stands the tempo
rary governments omitted and 'unappropriated lands
substituted by territory other property, and rules
and regulations added-sgndoan alterations. and which
20 TO repuse the government power and to identify ter
ritory as meaning land. Now, at time nearly cotem
porary with this act Of the Convention the Congress the
confederation busy with te nept OF the ord
OF 1857 II is true that a government thus
provided for the territory Of the United northwest
Of the Ohio rver but, s equally true that Congress did
not thereby presume to control the sovereignty OF its
hsbans. at is hereby ordained and declared 10y the
United sates) says the ordinance, "that the following
articles shall be considered articles Of compact between
the original States and the people and states in the said
territory and forever remain unalterable unless by
which makes ''the Territory subject to the articles
Of the Confederation and to Gall the acts and ordinances
OF the United States, in Congress assembled conormable
thereto and another which provides that there shall be
neither slavery involuntary servude In the said
Territory otherwise than in the punishment Of crimes
whereof the party shall have been duly convicted" II is
thus quite clear that all the power exerted by Congress
over the Inhabitants OF this Territory, beyond its pro-
prieisry right OF provisional police for its domains was
And thus also Is clear that SO far Congress in this
celebrated ordinance from assuming power restrain
TO seompact with their Inhabitants and the cousti-
tuition ratified this agreement on the part Of the United
States by that clause in article which says:-"All
Into before the adoption of this constitution.
shall be valid against the United States under
this constitution under the confederation" Now, sir
IT, has been admitted by the very Corpheus OF the
freedom shrekers OF Kansas, the ordinance OF 81
thus confirmed by the constitution Of 81 as the funda.
mental laws Of the Union for It's Territories, how
oonsisten, are It's provisions with the declaration
Of 20, with the naienable principles Of popular
footprints, sir in the path OF national progress
which well oftener 10 inspect They re-
@1S Us ,b o. 'Se o. s ss aaa the truths o
popular sovereignty sereney rcposng the great deca
ration. We recognize lis beautiful symmetry in the
rahle ordinance. We trenble III It's danger the
promise Of 81 and rejoice at ts renovation in the
Kansas Of 81 fth sir is tipoe in the SERIES and
when Kansas shall be admitted state may we no, hope
that The coma ummaion OF great principle will have been
achieved
The hrs, four acts already past,
A hth shall close the drama with the day,
Tines noblcst Offspring "a the last
IT, sir, have succeeded in anything have proved the
domestic Institutions OF the inhabitants Of Territory The
instance OF express agreement which 70 be found in
the ordinance Of s has been followed by repeated In
stances Of implied agreement at the formation Of every
Territorial government since then organized-sn as
sent q The people OF the Territory TO the
RAJ officers and by their representation IN Congress
and precisely this effect, and other, which would
conoede TO The Kansas Territorial acnsmeiy the effect
OF compact between the people Of the United States the
party the inhabitants OF the Territory or Kansas
the other party Now the chief agreement sitested by
Anat people OF tne IeTrNory Snail
be LEFT perfectly free form and regulate domestic
institutions IN Their own way subject only 10 The oonstu
ton OF the United States" Appendan TO this is the fur
ther provision, ibsi when admitted State OF States
the said Territory, portion 81 the same shall be
oeved MO the Union, with without slavery, their
constitution may prescribe al the time OF their admission
When therefore, we shall have determined that the PEG
pie OF ksnsas demand admission into the Union OF States
under the constitution presented 10 Congress- will
also have disposed OF every other question possibly
nected with the application Il Is indsputably that
the constitution in question emana,es from aConvenlon
elected for the psrpose under competent law Of the Ter
rors legislature 1u adversaries, therefore, have d.
reced their chief attack upon this point, They submit
that the acts Of Convention representing the people
not the s OF the people themselves aud that, there
FORE they have not been len free 20 form aud regulate
their domestic institutions In their way. In
other words, they affirm the proposition-tha, popular
sovereignty be exered only by the people per CAPITA
or masses The futily Of the argument which denies
the popular element TO representative assembly the
apparent when reflect upon the mposs blhy Of
40 constituting any body that shall not represent other
interests than its own. Even the mass that loads the
earth with lis thousands replete with the interests OF
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