The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1859-02-16

rightiully done and any attempt to do il by
such instrument should be controlled and |
thwarted by Congress IN the fair and just adj.
ministration GIFTS own duty. Itresults from
this view, that Congress should preserve a
lation. and that, whenever that legislation
travels beyond the proper limitation Of ter
ritorial power, Congress should abrogate
III.
have heard II frequently asked, /" Does
an American citizen lose his rights by be-
coming an inhabtant Of a Territory ]" an
swer that the Constitution Of the United
States guarantees TO him his right Of con-
science; the free exercise of his religion
freedom from arrest, unless by warrant of
law; the writ Of habeas corpus and trial by
Jury. These are Of his constitutional rights,
OF which he can nowhere be deprived. BUT
when he enters territory over which ter
ritorial government has been instituted by
Con -ess, his political rights-his right of
particlr patton to legislation, and the limita-
tons ON the extent to which he may exercise
that right-depend entirely upon the nature
and organization Of that territorial govern
ment, which is his constitution, pro hac rice.
What would be thought Of man talking Of
the exercise of his rights in Virginia contra
ry TO the constitution of Virginia. Or of
one who would talk about his rights as an
American citizen" who enters bank corp0-
ration, where bis powers and responsibilities
are defined by legislative charter? The
territorial government is nothing but legis-
atiye charter. II need not conform to the
idea Of popular participation in the legisla-
tion of the Territory. Instances are repeat-
ed in our history where It has departed from
this idea--as in Michigan and in Indiana. !
think it best. when no paramount objection
exists, that Congress shonld allow the terri.
toria people the widest range Of power in
matters concerning themselves alone; but
this is necessary within such boundaries as
limit Congress itself, and must not be in
compatible with The duty Congress owes to
the members of the Coniederacy.
IL these points are well taken, there can
be no true foundation on which To rest the
doctrine Of "popular sovereignty" IN the
Territories, according to the view Of that
subject taken by the Senator from Illinois.
The territorial people may be Maynard; they
may be "unfriendIy' to this or to that sys
ten but at least Congress can repress their
Efforts TO do wrong, aud may abrogate their
legislation, where it infrlnges upon rights
which Congress cannot invade.
The people Of a Territory, in forming their
State constitution, have unqualified RICH; To
/ be admitted into the Uninn without question
as to the manner in which they have exercis.
ed tins right.
This, Mr.. Chairman, is full view Of nv
opinions, both upnn the WiImot proviso,
which reject, and on squatter sovereignty,
which reject also, and On lie principles d
the legislation Of 1850, on which have stood
for years--indeed through my whole public
course. occupy different grOdnd from that
maintained by either the Senator from New
York or the Senator from Illinois. Nv view
invests Congress with all the power delega-
ted To il by the Constitution, and admits the
right Of Congress to delegate the trust to a
| territorial government, Congress remaining
/ the constant supervisor uf tie action Of such
government. II reserves all the rights Of
the States and the people. Ii denies the
power Of the squatter to take unbridled
license over the rights 81 citizens. yet owe
no responsibility anywhere. itholds comfy
between all the people. regards and pre-.
serves therights ofall sections, and maintain.
those balances which are essential 10 the
efIicaciOus operations II our political MACH.
merry.
j lhaye said that do not think there !,
any necessity for renewed agitation Of ques.
tons affecting slavery. lie existing staiu.
Of the Law, and legislation on the subject
satisfy me and in the future mean TO abide
by the principles already decided. do moi
ask man to say he likes the bred Scott de
cision, or that he believes il is right. asl
him 10 obey /; until il shall be reversed, ant
not 10 make war upon rights which are de
cided to be mine by the competent tribunals
| am asked nhy fix tie period Of framin.
the State constitution as that al which
citizen ma, exercise rights deny 10 hin
while in the Territory. ! answer when tht
people Of Territory come 20 the formation
Of State constitution. they are mt actin.
under the territorial government: they d,
not derive their power from Congress; thel
are American citizens lnr should be- with al
their rights II members or lin original socie
Ity, forming 4 social and political eompac
with each other. Therefore Il is that az thi
exact period we say they have The right Il
form institutions % suit themselves. The,
are MT now fcttered By notifications 0
political right; they are now free aud soye
reign.
Whether the State can be established O
not depends On the assent 81 Congress. givei
either precedent nr subsequent 20 tie forma
tim of the constitution. Why IS the essen
of Congress necessary az all /: Because
territorial government established By Con
gress has possession 9f The piaee on wtieh III
State is 10 arise. and because State and
territorial government cannot both be in pos
session Of the same place at the same time
If Congress does not assent, the State mus
. continue ii allegiance, Or Il can only be e
tablished By revolution. Congress woul
, not establish a territorial government i
California; the military in,endant gave way
tie State was Immediately established. Is
J Topeka, an assemblage formed constitution
for Kansas; Congress would not give up Ii
Z territorial governments The State could no
A. ~ A. A