The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-09-23

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fit Of the provisions and guarantees which
have been provided for the protection o
private property against the encroach
ments of the Government
Mr.. VANDEvER read several other ex
tracts from the decision, bearing upol
the point, which however, are much to-
lengthy for us to copy. Here then, tn
Supreme Court contends that Slave prop
erty is placed upon the same footing il
the territories with other property-tha
Congress has no power to abolish tn
right of property in slaves, any NOR
than in other chattels and if Congress
cannot do it, it Is declared that no tribu
nal acting under its authority, whelhe
executive, legislative, or judicial, can d,
so. 1t cannot be denied that the terrific
rial Legislature acts under the authority o
Congress, and consequently it can hav,
no such power, according to this deci
sion. No power competent for this, un
der the decision, exists, until, as JAMES
BUCHANAN says, the people exercise it il
the formation Of a State constitution.
Mr. VANDEvER then went on to show
that the acts of the Democratic part,
were violative of Professions, in re-
spect to this doctrine of Popular Sever.
eighty, and referred to the contest upon
the Lecompton Constitution, in which
the whole power of the Administration
backed by nearly the whole Democratic
delegation in Congress, was brought tc
bear, to force upon the people of Kansas
a constitution utterly distasteful to nine.
tenths of the people. The Democratic
party of this State uttered no word oil
censure upon this act, and in fact en-
dorsed it, by refusing to pass resolution
at their state convention, which declared
the right of the people to pass upon their
constitution. He read history of that
resolution, given in the Express and Her.
dtd, In which DoRR states that the mover
of the resolution, Hon. GEO. GILLAspY,
was compelled to withdraw it, because OF
the evident weakness in. the knees OF
some anti-Lecomptonites, and the fear Of
others that its discussion would extend
too far into the night. He, therefore,
thought that there were subdivisions even
in this section of the party, and that
they might appropriately be called the
Simon pure, the Weak -kneed, and the
Go-to- bed early Anti Lecomptonists.-
But both divisions, and their respective
subdivisions endorse this bred Scott de
cislon, and yet cry Justify in favor OF
Popular Sovereignty, when the decision
utterly repudiates that doctrine. 1t not
only does this. but plainly and explicitly
acknowledges the power of Congress to
govern the territories, thus upholding the
former practices of the government and
the policy Of the Republican party, ex-
cept as regards Slavery. The decision
says: lga al,v
g But until that time arrives it is un
doubleday necessary that some Govern
ment should be established. in order to
organize society, and to protect the inhab-
ltants IN their persons and property; and
as the people Of the United States could
act in this matter only through the Gov
ernment which represented them, and
through which they spoke and acted when
the Territory was obtained, it was not
only within the scope of its powers, but
it was its duty TO pass such laws and es-
tablsh such a Government as would ena-
bic those by whose authority they acted
to reap the advantages anticipated from
its acquisition, and to gather there pop
ulation. which would enable it to assume
the position TO which it was destined
among the States Of the Union. The
power to acquire necessarily carries with
it the power to preserve and apply to the
purposes forwhich it was acquired. The
form Of government to be established
rested in the discretion Of
Congress 1t was their duty TO establish
the one that would be best.suited Tor the
protection and security of the citizens of
the United States, and other inhabitants
who might be, authorized to take up their
abode there, and that must always depend
upon the existing condition of the Terri
tory, as to the number and character Of
its inhabitants, and their situation in the
Territory. In some cases, Government
consisting of persons appointed by the
Federal Government, would best subserve
the interests of the Territory when the
were few and scattered, and
new to one another. In other instances,
i would be more advisable to commit tie
powers of self-government to the people,
who had settled in the Territory, as be-
ing the most competent to determine
what was best for their own interests -
But some form Of civil authority would
be absolutely necessary to organize and
preserve civilized society, ana prepare it
to become State and what is the best
form must always depend on the condif
lion of the Territory at the time, and, the
choice of the mode must depend upon the