East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1859-09-29

OF these Glasses but about legislative jurisdiction
totally forbidden TO the Federal Government ami IN
capable of being delegated for the simple reason that
Il does not constitutionally exist.
WIN anybody say that such power ought a
matter OF policy, or for Of public safety be-
held ~ the provisional governments Of the Terrific
RES! Undoubtedly no true patriot no friend Of
Justice and order deliberately reflect on the pro-
banle consequences without deprecating them.
This power over property is the ono which In all
governments has been most carefully guarded, be-
cause the temptation 10 abuse Il Is always greater
than any other IL Is there that the subjects Of a
limited monarchy watch their King with the greatest
Jealousy. No Republic has ever failed 10 impose
strict limitations upon IT, All free people know chat
they would remain free they must compel the gov
eriment 70 keep its hands of their private property
and this can be done only by trying them up with
careful restrictions Accordingly our Federal Con-
sitnton declares that no person shall he deprived
Of bis property except by due process Of law and
that private property shall not be taken for public
use without just compensation IL Is universally
sgreed that this applies only 10 the exercise Of the
power ny the Government OF the United states. We
are also protected against State governments by a
similar provision in the State Constitutions Legis-
lative robbery is therefore crime which cannot be
committed either by Congress or by any State Legs-
nture unless II be done in fiat rebellion 10 the funia-
mental law OF the land But If the Territorial gov
erhnents have this power then they have il without
any Limitation whatsoever and in all the fulness OF
TO all their internal affairs for they are S0rereigns
ietthom Q Constitution 10 hold them in check And
this omnpotent sovereignty il 10 be welded by fev
men suddenly drawn together from all parts of Amer
lea and Europe, unaequainted with another, and
Ignorant of their relative rights But if Mr. Don
Is right, those governments haze all the absolute now
or OF the Russian Autocrat. They may take every
KIND OF property in mere caprice or for any purpose
oil lucre or malice without process Of law and with
out providing Tor compensation The Legislature OF
hansas, sitting az Lecomption Lawrence may or
def the Miners 10 give up every ounce of gold that
has been dug mt Pixies Peak If tho authorities of
'tah should license band Of maurauders 10 despol
the emigrants crossing the territory their sovereign
rights TO do so cannot lie questioned. A new Terri
tory may be organized which Southern think
thould be devoted to the culture of cotton while the
people OF the North are equally certain that grazing
alone Is The proper business TO be carried on there
III one party by accident by force or by fraud had
majority IN the legislature the negroes are taken
from the planters and ii the other set gains politi-
cal victory u IS followed by statute 10 plumber tho
grarieis OF ther cattle. Snch things cannot be done
by the Federal government nor by the governments
ni the states but, If Mr. Douglas is not mistaken
they can be done by the territorial governments Is
II not every way better 10 wait until the new nhabi-
tants know themselves and one anothcr; until the
policy Of the Territory Is settled by some experience
aud above ALL until the great powers Of a sovereign
state are regularly conferred upon them and prop
cry limited so as to prevent the gross abuses which
always accompany unrestricted power in human
hands
There is another consideration which Mr. Douglas
should have been the last man 10 overlook The
present Administration of the Federal Government
anu the whole Democratic party throughout the
country, including Mr. Douglas thought that in the
case oil kansas the question Of retaining or abolish
ing slavery should not he dcermsned by any repre-
sentative body without giving to the whole mass OF
inc people an opportunity Of voting on IT, Mr. Doug
las carried 1t further and warmly opposed the Con
htitutlon, denying even its validity because other
ana undisputed parts Of il had not also been sub
mited TO popular vote. Now he is willing that the
whole slavery dispute in any Territory and all cues
tnns mat can arise concerning the rights of the poo
PIE 10 mat or other property shall he decided at
10y territorial legislature, without any submission
ut all Popular sovereignty in the last Congress
meant the freedom Of the people from all the res.
uaints OF law and order now il means government
which shall rule them with n rod of iron II swings
ike pendulum from side clear over 10 the
other
Mr. Douglass opinions on the subject Of sovorc On
territorial governments arc very singular; but the
reasons he has produced TO support them are infinite.
~ moro curious still For instance, he shows that
Jefferson once introduced into the old Congress Of
Confederation plan for the government Of the Ter
ritortics, calling thom by the name of new States
but not making them anything like sovereign or in
dependent States and though this was mere ex-
perlmental project which was rejected by Congress.
and never afterwards referred 10 by JuGsrsUn hiur-
self yet Mr. Douglas argues upon il ms il had some
how become part Of our fundamental law
Again: lie says that the States gave TO the Fed
eral government tho same powers which ms Colonies
they had been willing to concede to the British Gov
eminent, and kept those which colonies they had
claimed for themselves. If be will read n common
school history Of the Revolution and then look at Ar,
l. SEC 8, of the Constitution he will find the two fol-
lowing facts fully established l. That the Federal
Government has power to lay and collect taxes du-
ties, imposs and excuses - and q That the colonies
before tho Revolution, utterly refused to be taxed by
Great Brtan and so far from conceding the power
fought against il for seven long years
There is another thing in the article which, il il
had not come from distinguished Senator, and
very upright gentleman, would have been open &c
rome imputatiOn of unfairncss lie quotes the Presi.
dents message, and begins in the middle of n sen.
tence. He processes to give the very words and
makes Mr.. Buchanan say That slavery exists in
Kansas by virtue of the Constitution of the United
States" What MIR. Buchanan did say was n very
different thing 1t was this II has been solemnly
adjudged by the highest judicial tribunal known t.
laws that slavery exists in Kansas by virtue OF
tho Constitution Of the United States" Everybody
knows that by treating tho Bible in that way, you
can prove the non-exstence of God.
Tho arguDientum al hominem is not fair, and We
do not mean TO use IL. Mr. Douglas has a right t.
change bis opinions whenever he pleases. But W,
quote him us would any other authority equally
high in favor of truth. We can prove by himsol
that every proposition no lays down in Harper,
Magazine is founded IN error Never before has any
public man in America SO completely revolutionizet
his political opinions in the Of eighteen months
We do not deny that the change is heartfelt and con
sccntions- We only insist that he formerly stated hi
proportions much more clearly and sustained then
with far greater ability and better reasons than hi
does now.
When he took a tour to the South, at tho begin.
ming of last winter, he made speech at New Or
leans in which he announced to the people there thai
ho and his friends in Illinois accepted The bred Sect
decision, regarded shares property and fully nd
mttcd the right Of Southern man TO go into any
federal territory with his slave and to hold him there
as other properly Is held.
In lS49 he voted in the Senate for what was called
Walkers amendment by which it was proposed Ia
put all the internal affairs Of California and Now
Mexico under the domination of the President Civ
ing him almost unlimited power, Legislature, erecu-
fre and Judicial the Internal Affairs OF those
Territories. (See Both Cong, p. Undoubtedly
this strange way Of treating sovoreigntics II
Mr.. Douglas is right now he guilty then Of most
atroeious usurpation.
Utah is much sovereign State as any other Ter
rtory and perfectly entitled 10 enjoy the right Of
selfgovemmcnt. On the 18th Of juno, 1857. Mr.
Douglas made speech about Utah at Springfield
Illinois, In which he expressed his opinion strongly
In favor Of The absolute and unconditional repeal Of
tho organic act blotting The Territorial government
out Of eristence, and putting the people under the
sole and exclusive jurisdiction Of the United States
like fort, arsenal d0ckydrd or magazine lie
does not 10 have had the least idea then that h
proposing 20 extingush sovereignty 10 tram
pie upon the sacred rights Of IN independent people
The report which he made 10 the Senate in 1856
l.. =