Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1859-09-13

rightsas his State. by its laws. confers
upon him, and over the law Dc his State.
the legal rights which Ne represents III
the Territory !, the Congress has no legis-
lative control IT canDot annul. nor yet
project his rights az me citizen OF his
State-and he has no others whether he
remain in his Slate, or remove to 4 do
main iniwhich the States, and hence their
citizens, have rights not TO be regulated
OF prescribed byany power whatever So
For the citizen Of any State, resident 10
Territory, can there POSSESS and enjoy
al1ths rights recognised BY the law of
his state, TO which Ne there owes the
same allegiance as iflliving ID his State.
Hence, tile residents of Tsrritofy have
no right to prevent the Citizen OF any
State from bringing into the Territory
Whatever thing is recognized IS property
by the law of his State. Such i law Ii
usurpasion ofEpower, whether It e1nanates
from the Congress or from the Territorial
Legislature. +. ss
Suppose then, the Congress pass|a law
deFogatory to 1.-THE rights Of any particular
State, il the common Territory, as was
done by the Missouri restriction, where
is the remedy It cannot be III the
Congress. for. Ii is not the representative
Of the reserved rights Of the States Of
which this ID one. For! ii lis under the
laW4of his own State that the citizen has
rights in the Territories and the Com
.gress has no jussdictiop in matters af-
feeling the nights Of property as pre-.
Iscribed to The citizen blythe Cohstita4
ton of his State. The Congress. there
fore. can no more say tol him what prop
erty be may Or may not hold in the Ter
ritory than inIhis State. Where thdhis his
remedy2 Let him 60 tothe Constitution
Bof the United States. andIhs will find there
recognized his rights as] the citizen ofthe
States TO which BE owes allegiance, to BE
exponndedl By the Supreme CourtIof the
United States. which alone is the inter-
prefer of the Constitution, where the
rights Of property are assailed By the act
Of the Congress- save inE the last resort,
which alone can declare his rights, Sc
far as they are affected By unconstitution-
al Legislation. The Congress has no
power to declare or interpret his rights.
The Constitution declares them, save
where they are reserved and there it il
subordinatelto them. TheSupreme Court
interprets them, except in theSl ast'resort
and The Executive power enforcas them.
Hence, he must, or may appeal for rem
edy against Congressional Legislation h
the Snprelne Court of the United States
Whenit has interpreted them ii then Bel
comes the dutyso Congress TO Interfere,
by patting IL 10 the power Of the Execu-
tive to cause the laws, as thus Interpreted,
to be respected Now, if such uncon-
stitutional laws eInanate from Territorial
Legislation, the remedy is the same al
where they emanate from the Congress.
There can be no difference. I'D fk BR
But the other argument at the South
is, that the Congress IS bound ID protect
| the oitizens Of the States,in the Territo-
RES. 10 all property. recognised as prop.
lerty by the Con stitutionsof the United
States. In other words, if the Territorial
Legislature, orithe Congress, 4 suppose
Epass = law derogga,ory 70 any property
| the Congress shall repeal the law. and tft
Executive power Of the Government Ell.
force II. This right and power, then. p
the Congress. is put upon The ground tia
| It owes protection to the citizca Of III,
States, al ssttk, 10 the Territories. thR
they are there citizens Of the United
States, and not Of the States for If they
be in the Territories citizens Of the States
the Congress has no jurisdiction oteI
them OF their property as sadh. BIZ
can 4 man be a citizenfof the United
States whoEis not the citizen Of some par
lticular State? Can he owe any allegi
l ance to the United States, whenItlle Cd
Iizen of d State, save through his owI
State? Can there be such an anomilJ
among soyereigH States. as he9citizen b
4 coafederacy, of no one Stats Of which
! lie is d eitizen r. Hsso. then d man MAJ
1; be a citizen of the United States VIII
owessno allegiance 10 any particular State
H In other words, d person may owe ale
glance to the United States. Who cal
claim the protection Of no sovefei gntyy
\ who is recognized as out Of the pale of al
sovereignties owing allegiance to mona
claiming the protection Of none ISL
genetis, 4 civilized savage. Now Til
United States il iiota sovereignty -henc
lit would seem II can have no citizens
can claim no allegiance from any one say