The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-21

under the limitations Of ths constitution.
The loose Of the term sovereignty confuses
great many, who invariably connect with it the
idea Of absolutism. Now Victoria is sovereign Of
Great Britain; but yet her authority is jealousy
and strictly limited by the British constitution. On
the other hand, Alexander is sovereign Of Russia,
with autoeratic powers. The States of this Union
are sovereign, but their sovereignty is subordinate
to the legitimate scope of the federal constitution.
SO Congress has exclusive legislative jurisdiction in
several departments of the public polity, while it
has none in others Thus, nothing is gained by the
of the term sovereignty, and il may as well be
discarded from the vocabulary Of this argunent
There is such thing sovereignty for the Terrific
res in the sense in which the term is used with
reference to the States until the Territory becomes
State.
The Sentinel seems to sscribe unlimited power to
the people of the Territories, and to regard our
sweeping denial of this power to them, as repudia-
ton on our part of the Cincinnati platform and Ne
authority the people of the Territories through
their territorial legislatures may exercise is not
inherent prerogative of themselves but is derived
from Congress by express grant Does that propo-
sition coptravene the Ncbraska-Kansas bill Let
us see The I'D and 23d sections of that act con
tain the following GRANT LEGISLATIVE POWER from
Congress to the legislature of Kansas;
Sec a. The legislative power and authority of said
Territory shall be vested in the governor and legsa
tive assembly The legislative assembly shall consist of
council and house of representatives. The section
goes on with minute details and limitations, prescribing
tba ,p,Ier IF bey
shall be apportioned, how elected &C., Sc
49, The legislative power of the Territory shall
tend 10 all rghtul subjects of legislation consistent with
the constitution of the United States and the provisions
of this act tax shall be imposed upon the property of
the United States land goes with various other m-i
tations and restrictions,
Thus, not only does this act recognise the power
of Congress to create territorial Legislature and pre-
scribe the number and qualifications of its members;
but it recognises the right of Congress to limit the
scope of the legislative functions, and to grant the
power to legislate even "rightful subjects
Our assertion was, that all legislative authority in
the Territories derived from Congress- and not in
herent in the inhabitants Upon that doctrine every
section of the NebraskaKansas act was framed and
yet the Sentinel blndy and foolshy asserts that
proposition repudiates the Nebraska-Kansas act I!
The Sentinel altogether misapprehends or ignores
the real question of controversy. The question is
not as it vainy supposes, whether Legislative au-
thority in the Territories is derived from Congress-
which was all that we contended for aud which eve
nv candid democrat informed on the subject con-
cedes; but holp much authority is granted by Con-
gress to the territorial Legislature in its delegation
of power to legislate all rghful subjects?' Now
the fixing Of the true meaning and scope of these
terms involves an ascertainment of the powers of
Congress and construction of the Constitution
There is where the controversy lies 1t is not ques
ton ichethcr Congress grants all legislative powers
to the Territories; but tits uehm powers granted
in it's delegation of power to legislate on all right
FIJI subjects" The Sentinel is either ignorant or af
fects an ignorance of the elementary principles ofthe
subject on which it presumes to arragn the Union
before the democracy Of Indiana Why should we
be required to COMPUTE an adversary who has not
mastered, or affects not to have mastered even the
horn.boo of American politics. .rg