, 1859-06-24
P,puIar Sor.r.!gn!y q, squaIt,r SorsrtIgnly


article. II is about the only newspaper article TO our
notion that meets the question i the teeth that
we have perused since Kansas commenced being
bloody. The paternity OF the artcle-its style and
logic, bears evidence Of a ripe judgment-ccmpre-
hensiveness and close reasoning abilities. 1t is a
square compact Of reason and argument and a. such
Is worth sheltiull Of theories Of aspiring buncombe
politicians In this article the great truth is adyanc-
ed that the Territories Of the United States are the
common property Of the States, aud that wherever
man ean legally hold property in any one State, he
has, nnder the Constitution, right ~ hold the
in any Of the Territories, prior to such Territories
forming State Constitutions for admission into the
Unon. In ls45, in a lecture delivered in Boston by
Hon. CALEB CUSHING, (upon his return as Commis-
soner to China, and late Attorney General Of the U.
ST. and in connection with the then troubled question
Of Oregon affairs, and Of boundary line north up
on the Pacific, that gentleman took occasion to say
and very trathfuly toOthat according to the law of
nations, territory acquired Jut only upon these
conditions: First, by conquest; second, by discoy-
cry; third, by negotiation; fourth by purchase, and
dfth, by occupation and settlement. Territory then
enures to the United States government, bnt only
der the foregoing heads and submit this question:
Inasmuch as the general government is only the
agent OF the States being only vested with delegated
powers, for the faithful management Of the property
and general Affairs Of the several States as far as ap-
pcabe under The Constitution, whether Congress has
any right or authority to say that what is recognized
aspropery by the Supreme Court OfaH the States shall
be prohibited from going to being held in any of the
Territories, until they form constitutions for admission
into the Union! II territory acquired through war,
daFn 4
south, mngle together for its achievement If by
purchase does not the Treasury of our coun-
try, collected north and south aid in its requirement.
II by treaty negotiation, is not the whole counsel
OF the several States brought into rcquiston for its
procurement If by discovery and settlement is not
the national drawn upon to fit out expedi-
tions does not the enterprising-the horned hand
ed yeomany of all the States establish for themselves
home-a and record as the pioneers OF cvili-
zaton! Why say that rights that have been guaran-
teed 10 one class Of men, under the Constitution,
should not be guaranteed to othersl
1t is essential to the intelligent discussion of any
question that the precise sgnication of the phrases
employed should be clearly and accurately defined,
and the hopeless confusion of ideas exhibited in the
efusions Of many OF contemporaries upon the lead
Ing political topic Of the day furnishes a conspicuous
illustration of this axiomatic truth. We will not do
opponents the injustice Of assuming that this con
oi pufA1ts We nave pItllAeu our hillCle
Is the result Of lack OF discrimination. On the CON
tmry, the doctrine of Popular Sovereignty right.
/ y understood, must necessarily prove as popular
that Of Squatter Sovereignty p" is odons from its
unconsttutonaty, tie OF the two phrases indis-
crminstey. argues rather adroitness useful enough
to those whose principles will not bear analysis.
4 BIT Is there any foundation for assuming the con
vertiblity OF these termN And Is 1t fair TO charge
because lie has given in his adhesion the doctrine Of
Popular Sovereignty We think not. Popular
Sovereignty and Squatter Sovereignty doctrines
not only distinct, but antdgOnlsc; aud the distinction
is so clear, the antagOnism palpabe, that he who
runs may read. Th.s. we propose, briefly, to show.
Mr. Bdchauan, in his letter Of acceptance and in bis
Inaugural Address has furnished the ceaest possible
definition OF Popular Sovereignty In his letter Of
ceptance he says The people Of Territory, like
those Of State, shall decide for themselves whether
slavery shall shall not exist in their limts" and
in his Inaugural he says: "a difference OF opinion
has arisen TO the point Of time when the people OF
"a Territory shall decide this question for themselves
Ths is, happily, OF but little practical importance
II" Though il has ever been my indiyid
ual opinion that under the Nebraska act the
appropriate period will be when the number Of actu
a residents In the Territory shall justify the forma
"ton Of consultation with view to its admission
"a State into the Union" This Is Popular Sovereign
ty In the Territories. II recognizes the exercise by
Territorial Legislature OF every power consistent with
the provisions Of the Constitution but it does not rec
ognize the exercise Of any power Inconsistent with the
rights Of the people OF the States in whom resides the
ultimate sovereignty over as well as tie ownership of
all the common territory Of the United States.
S4natter Sovereignty, on the contrary, recognizes
the right Of those men (whatever may be their mum
ber) who may have squatted on the public domain in
advance OF the public surveys, and without the own
ershp Of acre OF the soil, TO elect Legislature
which shall undertake 70 prohibit Slavery within q
Territory, and thus practically deprive nearly half Of
the partners in this cOnedeacy OF States Of the right
of emigrating with their property TO any portion Of
their vast and extended domain In other words, this
Squdter Sovereignty confers on the first settlers Of
| nj nd he
erty-rghts of all future immigrants.
Thus understanding the matter, proclaim, unhes
itaiingy that, while shall ever advocate Popular
Sovereignty, we will wage an eternal war on Squattel
Sovereignty. While the doctrine is Just cOnstitu
tiona, and in conformity with the spirit of nsti
tuOns; Tue other is unjust, unconstitutional and in
violation OF the equality of the States The is the
doctrine Of the Democratic party; the other is the
doctrine Of the dsorganizers and boilers who seek tC
divide and destroy the Democratic party and with Il
the Union.
it was in pursuing of this train of thought we were
led into expression which has been perverted Il
mean the very opposite of our intentions. We said
few days ago: The principles embazoned on the
Democratic banner are 'Non-intervention by Con
"lish or prohibit Slavery in the Territories and the
protection OF slave property therein as long the
"ferritorial condition shall remain by the Judiciary
'under the Constitution Of the Uuited States.' The
plain meaning of this is, that Congress cannot, and
therefore should not attempt 10 establish or prohibit
Slavery in any Territory. and that the Territorial Leg
sathe uelNlnS all lts powers OF legislation from Con
gress cannot, aud should not, attempt T. establish
prohibit Slavery in the Territories. But since the Con
suton of the United States protects all OF its people
in the enjoyment of all their rights of property, when
ever they may be found in Territory common to all
the States, protection to that property a duty OF
those invested with the power Of local legislation. and
is the duty of tue judiciary 70 set Gside any Gd
~ legislation which is calculated to destroy impair
any right Of property We consider these selfevdent
propositions. But it is said in some quarters that the
people OF the Northern States will not sustain this in
terpretaton Of the powers of apeople in Territory.
II this be true cieh toW nsptr btiisrt) the peO-
pie Of the Northern States ready to set aside the
Consultation, destroy the equality Of the States and
present to their brethren Of the South the alternative
of submission to dishonor the vindcation of their
rights over the ruins OF the constitutional Union which
they have so long cherished priceless heritage
Aud it may lie assumed as certain, that no people
trained to seif1SJvenment, and vauing liberty above
all other things will continue to consider themselves
bound by compact when perverted by numer-
ca majority Of their partaers into instrument Of
I oppression and wrong.
1 We stand by the Cincinnati Platform-all true DEM
oeratS willard that proclams nOn-inteIieience by
Congress with Slavery in the States in the Territories
or in the District Of Columbia We stand by the bred