Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-01-06
From. he Rsshmond Enquirer.
Intervention ofrtbe General Govern
ment I'm Territorial A dmi nisfratfoE.

,oepttn ,Perfrtorfal A DIM infstratfoE.
Within the last few years. we have been
startled by The enunciation of a novel politi-
cal idea. a mere abstraction impossible OF
nracticaI attainment; but which aims at the
establishments of a policy of entire non-inter--
vention by the General Government with the
Legislative administration of the Territories.
Tn to the time of the passage of the Kan
sas Nebraska act. the Democratic party had
unanimously adhered to the same constitution
al doctrine still advocated by the Democracy
of Virginia: that the territories are the COM
mon property of all the States, and as such
subject to the. administration of the General
Government the only common agent of the
States: that this general agent has no power,
whatever, to destroy or depreciate any right
Of person or of property sanctioned by the
laws Of any. the States: but, on the contrary,
the General Government is hound 10 protect
fully and efficiently every citizen in the en-
lovment of those rights in the territories.
which he would be entitled 70 enjoy in any
State of the Union.
CnGress cannot intarene 10 deSfrog a rigM Con-
gress must inteTrtne to protect rights. tcLeDtcer
e1isfing deficiency Of protection renders such inter
cention neceSSdrp Such has been the doctrine
upon which the greatest Statesmen of our
country have relied, to deny altogether the
rightful power of Congress TO intervene for
the abolition Of slavery in any of the terri
tories; at the same time that they insisted it
was the unavoidable duty of Congress to pro-
vide protection in all the territories for the
right of slave property, in common with all
other rights of property.
This doctrine is not only true. but it is nm
avoidabe. The Kansas-Nebraska bill. which
is referred TO by the advocates of non-inter-
ventiOn as the exponent of their theory, is it.
self marked example of intervention. By
| it Congress fixes the boundaries of Territories,
/ and asserts a future discretionary power to
| divide each of the Territories into several
States or Territories. BY ii, Congress reserves
/ the entire administration of fhe high domain
| refuses TO permit any interference by the ter
| ritOrial authorities with the Indian tribes or
their lands. The entire Executive govern
ment of the Territories is placed under the
entire Judiciary Of each Territory is appoint
! ed by the President. and controlled by the
| Supreme Court OF the United States.
Nor is the legislative authority at all ex-
cmpted from the authority of the General
| Government. The Governor of the Terri
tory, (the aprointee of the President, and re-
movable at WHY is made coordinate branch
OF the Legislature. lie may use the veto
/ power at any time. and when used. it is under
! the instructions of the President
The money power of each Territory is
! lodged with the Governor and Secretary, both
| Federal appointees. and to be employed by
! them subject only TO the instructions of the
/ United States Secretary of the Treasury. Con-
| gress provides the qualification of members OF
the Legislative Assembly. Congress provides
even how many officers may be elected by
each House of the Lcgislature-such as
| clerks. door-keepers. etc. Congress not only
cxcmpts United States property from taxa
ton, and excludes all territorial interference
with the primary disposal of the soil, but I'M
dertakes generally, to limit the power OF
| taxation, especially providing that the prop
| ertv of non-resdents shall not he taxed high
| er than that of residents. While processing
| nOn-interventiOn with regard to slavery. Con
| gress does intervene to repeal preGXisting
laws enacted for the protection of slavery.
| Moreover. by a sweeping clause, Congress
| restricts the whole power Of the Territorial
| Legislative Assembly to very narrow limits
! by providing that the Constitution and lac,
of the United States shall prevail whenever
| locally applicable. The Territorial Legisla-
! ture cannot. of course, repeal. suspend or SUI
perscde any OF these laws: the federal laws
! include the powers OF appropriation, the
whole executive power of the Territory. the
/ administration of civil and criminal justice
and may, at any time, be extended in their
! operations in these az in new departments
and directions. Thus the legislative power
of the Territorial authorities is merely sup
| Elementary. intended TO apply only to cases
not reached by existing federal legislation,
! and liable, at any time, to be subjected TO new
! limitations and restrictions. .....
| Indeed, the whole territorial government is,
! practically. as well as theoretically. the mere
creature and delegate of the General Govern
ment. For a territorial government to claim
! exemption from Congressional Intervention
involves palpabe absurdity, since it owes
! its very existence to the exercise of this same
| intervention. And Congress must intervene
to limit. restrict distribute and supervise the
territorial government, whenever Congress
| interycnes TO recognise and establish it.