Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1859-09-16

nghtful subjects Of legislation, consistent
with the Constitution of the United States,
and the provisions Of this act; but no law
shall be passed interfering with the primary
disposal of the soil no tax shall be imposed
upon he property Of the United States mr.
shall the lands or other property Of n~on-resi-
dents be ~taxedhigher than the lands or other
property Of residents." It also contains the
qualified veto of the Governor upon the acts
passed BY the Legislative Assembly, but no
power in Congress tc make void any law
passed BY the territorial law making power.
In this the interests Of the United States is
guarded and protected, while the people are
secured and guaranteed in the fulr enjoyment
Of all their rights and liberties to which they
are entitled under the Constitution Of the
United States.
This, It is believed, Il itself would secure TO
the people Of that Territory all the benefits Of
self government; but in another part Of the
act It is expressly declared to be the I" true in
tent and meaningof this act not to legislats
slavery into any Territory or State, nor to ex-
eIude il therefrom, but to leave the people
thereof perfectly free to form and regulate
their domestic Institutions in their own way,
subject only to the Constitution Of the United
States.1 Congress, in the passage Of this dec
l~arstion, deemed it improper to interfere in The
formation OF regulation Of the domesti; insti-
buttons Of the Territories, but considered it
more wise and prudent, as well as more in har-
mony with the American system Of govern
ment to leave them to the legitimate control Of
those to be affected BY them. The extent Of
power which may be exercised by the people
% a Territory has never been suthoritatively
defined. When II shall be defined By the proper
tribunal, the Supreme Court Of the United
States It is confidently believed that an good
Democrats will abide by and sustain the de-
cision.
Territorial governments organized upon the
principles and in the manner they have been
Of late years, are as legitimate and valid, for
all the purposes Of their organization, as gov
ernments Of any other form or organization,
and possess an the rights and powers net for
hidden BY the Constitution ofthe United States,
nor BY the stipulations and conditions OF the
organic law, the compact between the United
States. the proprietors, ard the people who in
habit the Territory.
The people who inhabit these Territories are
| citizens Of the United States. have been raised
arl educated in toe several States Of the Union,
are as deeply imbued in the principles Of self
! government as are those Of their feilow-citizens
thew have left behind them. and have exercised
| all therights and prerogstives, alddischarged
all the duties Of freeman in the respective
S ates from which they emigrated as those
they left behind them, and who are still in the
enjoyment Of al the Prerogatives, the birth
right OF every American citizen
The Kansas-Nebrsska act Of 1854 declares,
4" that decentralization and all laws Of the Uni
ted States which are not locally inaPplieable,
shall have the same force and efe t within said
I Territory Of Kansas as elsewhere within the
/ Uniied States, except the eighth section Of the
/ act preparatory to the admission OF Missouri
into the Union, approved March sixth, eighteen
hundred and twenty What Is the force and
effect Of the Constitution elsewhere !. the
/ United Statesg Il viii not be commended that
its effect is either to form OF reguiate. the do
nestle institutions Of the people in the States.
Its whole force and effect is to leave the people
Of each and every State in the Union perfectly
free 10 form and regulate their domestic institu-
lions in their own way. TheHif it is to have the
same force and effect in tie lagally organized
territorial governments as elsewhere IN the
United States, as it has ia the several
States, will it not leave the people in
a Territory, like il does those il a state
perfectly free to form and regulate their
domestic institutions in their Own way also?
And will it not also protect The people in the
regal territorial government, as it does those in
| the several States, in the peaceful e]njoymmert
OF th-ir d-omomestic institutions formed by
them, as well a. under the protection Of alllaws
eonstitutionally passed By them. Congress
cannot interfere or intervene on the subject Of
slavery simply because the power to DO so has
not been delegated 10 he United States by the
Constitution. The people Of a Territory
should be left perfectly free 10 form and regu-
late their domastic institutions, for the reason
there is no prohibition in the Constitution, ard
seIf-royernmen is the inaliensble right Of the
people.
Among the inhabitants Of these territorial
governments are persons who have held and
discharged the duties Of an the various Offices
under the state and Federal Governments, in
The several departments, Executive, Legisla-
tive and Judicial. They started from their
respective States for their new homes in the
Territory, invested with an the rights Of free
| men, and as capable and well qualified for their
exercise and enjoyment in their new, as they
were in their old homes. The Constitution Of
The United States was not formed 70 divest
frecuen Of their rights, but to preserve, pro-
tect and perpetuste them. The capacity and
RICH. Of m7n Tor self-yovernment, accord
ing 10 the American system, does not depend
upon climate, soil. locality, nor the form Of
| government, but is inherent in the man. The
| abstract right exists as perfect and complete
in a dsspotism as n a democrary, End eanbr
/ le~silimstely exercised at all time and in al
places where he has not voluntarily assen'ed
to restrictions, or been desPoiled OF his birth
right BY the usurper-tyrant-opPressor.
The Constitution declares, " that the powers
not delegated to the United States BY the Con-
stitution, nor prohibited by it to the States, are
reserved 10 the States respectively, OF TO the
people" This provision is applicable to and
in ludes all the people Of the whole country,
as well those in the Territories as thoseiu the
States.
The people in the legally organized terrific
rial governments are entitled to the protection
Of the United States in as full and ample a
manner as those in the States, against an in
reference from without, and against all or
gained resistance to legal authority within.
The Compromise Measures Of 1850, the Ne
braska-Kansas act Of 1854, the Cincinnati
platform, and election Of Mr.. Buchanan in
1856, By which was inaugurated, matured and
ratified, the Democratic principles Of non-in-
tsrvention BY Congress with the subject Of
slavery, and the right Ct the people in a
Territory, like those in a State, to form and
regulate their domestic institutions in their own
way, subject only to the Constitution Of the
United States, preceded the decision Of the
Supreme Court in the case Of bred Scott, and
does not conflict with it, but on The contrary,
prove the wisdom Of the Democratic party,
and the s~oundness Of its principles. Let these
principles continue 20 be the platform Of
the Democratic party. Let there be no in
terpolations Of interference with the sub
jet of slavery by Congress, Of slave codes
BY Congress for the Territories, and no repeal
or abrogstion OF the laws prohibiting the Az
rican slave trade, and the Democratic party,
conscious Of the rectitude OF its principles,
may 90 before the country confident Of success,
and the approval Of the people. And thus the
rights Of States, he rights Of the people, and
the rights Of individuals, WILDE respected and
protected.
Do the people, who are admitted as a state
into the Union, derive any additional power
over their local and domesti, Institutions
from such admission IF 50, from whence OF
OF Of whom is it derived? Surely not from
Congress, for the powers Of Congress are al
derived from the people Of the States by dele
cation, and do not include the power to form
|, and regulate the domestic Institutions Of The
people before such admission. Certainly moi
from the people Of the States as separate SOW.
reiEntiss, FOR as such they possess no power
Or jurisdiction beyoad their respective bounda.
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