The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-25
THE CHICAGO TIIEs-THE FEDERAL CoNsTITU-


TI0N.
Il would be an Improbable task to chase down the
obsurdites and refute the rgmaroes of the Chicago
Times, Journal that can improvse doctrines suita-
bic to it's arguments and invent evidence in support
of its assertions with much facility the spider
spins out of its own stomach web for its lair or
cord for hanging itself twxt hoaven and earth.
The Times Of ho 18th inst, in an editorial article
running through couple of columns, assails our dec
laration that territorial authority is not inherent in
the people of Territory, but is derived in every
case originally from Congress. The Times fancies
that this declaration of is blow struck at the
root of popular sovereignty, and deluges us with
two columns Of wish-wash and slush for the sacri-
lege we are supposed to have committed
We had used it seems, the word ultimate in
the sense of original, in asserting that, in tracing
up tho stream of authority in the Territories,
through the territorial executive and police to the
territorial legislature and through the territorial
legislature we should find that the last, the uk
fimate source whence it flows is Congress mas
much as il is Congress which first acquires the do
main in which the territory is erected, which next
prescribes the mctcs and bounds of the territory,
then organizes temporary government and which
confers upon the territorial legislature and execu
tive all and whatever authority these functionares
may lawfully exercise generally prescribing and
limiting, in the organic law erecting the Territory
into political existence, the powers to be and
those not to be used, and the mode and manner in
which they are to be exercised. At this use by us
Of the word ultimate, the Times takes fire, thinks
we refer to the last stage Of territorial existence
when it is about to come in as State, smells the
birthstone of internal Lecompton in our declaration,
against what we are doing, and let's off the
couplct from Rhoderick Dhu which some waggish
sarist has travested into the well known threat Of
Bombastes concerning the removal of his boots.
The Chicago Times assails the mere matter of fact
declarations of ours, the substance Of which have
recited, as if they advanced theory of our
own, and imbodied some rank and most poisonous
doctrine of the black-republican party. Why, our
declarations were founded in every line and letter
upon the terms of the Nebraska Kansas act; for
ny section of that act is grant of power, restric
ton Of power granted from Congress to the terrific
rial legislature; and our declarations were nothing
else than virtual quotations from the very words of
the notable act itself But so perverted have be-
many partisan editors, who have as little knowl-
edge of judicial and historical fact and take little
pains to acquire it as the editor of the Chicago
Times that to mention as fact what the Nebraska
Kansas law enacts in every section, is sufficient to
draw down upon the head of the unlucky reciter
torrents of denuncation trucuent, senseless, and
we may say, as harmless that which the Times
showers upon u.s.
In stating that all authority in the Territory is
ercised by virtue of express grant Of power from
Congress, we state only fact that is attested by
every territorial organic act that has ever been
passed In going farther, and asserting that Con-
gress can grant no power that it is not authorized to
do by the federal Constitution do, indeed put a
curb upon popular sovereignty but only such curb
as all written constitutions do and designed to,
put upon popular license iii be possible to insert
a logical idea into the brain of the Chicago Times by
any process short of trepanning operation, we
think we can make it realize that its doctrine Of
unrestricted popular sovereignty popular license,
in identical with that which it thinks it abhors as
held by the blackrepublicans
Our doctrine then Isl that authority can be exer-
cised in the Territory but in virtue of and accord
ance with the federal constitution for until erected
into State with constitution of its own there is
no constitution for Territory but the constitution of
the United States The Times repudiates this propo-
sion and derives all authority in the Territory from
the inhabitants happening to be in it, who, it holds,
are invested with unlimited unrestricted popular
sovereignty The black-republicans also repudiate
this proposition and derive all authority in the Ter
rtory from Congress not trustee for the States,
restrained by the limitations of the federal con-
stitution, but as representative of the sovereign
will or caprice of the majority of the people of the
Union at large--that will caprice not being sub
ordinate to the great equities mbodied in the con-
stitution of the United States.
Thus the theory of the Chicago Times and OF the
blackrepublcans are identical, differing from each
other only in the fact that the one gives unbridled
license of legislation to the Legislative organ of the
inhabitants Of the Territory while the other gives
it to Congress, organ of the Union at large the pop
ular sovereignty invoked by each being power
which claims to disregard the binding efficacy and
sanctty of constitutions, those palladiums of our
American liberty.
Thus the Chicago Times whole rigmarole Of froth
ana phobia is turned upon itself 1t is unwittingly
occupying in its own person the obnoxious posi-
ton in which it fancied that we were standing. Il