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

make assurance doubly sure, and to avoid the
slirh est appearance for doubt or uncertainty
AZ n The intention Of these WHO voted for the
lbm.it is s~mphaHcally declared to be 81,
,ve iut,uf cad msaning Of this act, not 70
ie~rfsiqts siaurrv iufo any Territory or State, nor
70 .~sla4e II fEvsfrlm, bat 70 loaBs the Paopi'
the coz ~p-fsalg free 70 form aud regulate
flsfr domestic iusfifuiious IN thrir 0pH uay,
,.bi,f oBlv 10 The Consiifutioa Of the Uaiiod
Statss.1 thus placing the party uPonths Pla-
form Of non-interfsrenee beyond controversy.
Ard vet in all this not a word OF an intimation
as 20 the power or extent Of power the people
Of a Territory possess, OF may exercise over
he ssbiect Of slavery within the Territories
Inhabited BY them. Those who believed the
Deople had no owe over the subject, as well
as those who belied they had legitimate con-
troll over il, voted alike cordially for the bili
leaving them subject only TO the Constitution
Of the United States, rather than to the viii
Of Congress.
In 1856 the Democratic party in National
! Convention at Cincinnati, placed itself upon
| this sane non-interference platform, without
an aIusion to the extent Of power Of the Peo-
/ Die Of the Territory over the subject Of slav-
srv. Adopting the resolution above quoted
| and sfterward nominating James Buchanan
as their candidate for the Presidency, who, as
has before been shown, in his letter accepting
/ the nomination, cordially indorses the gTeat
/ principles Of the party, non-interferenee by
Congress and the rigLt Of the people to self
| government, which was Endorsed by the Peo-
ne Of the United States in the election Of Mr..
/ Buchanan in the November following.
The members Of the Democratic party dis
| agreeing among themselves as to the power Of
/ Congress ever slavery and the rights Of the
people in a territorial government to form and
/ regulate their domestic institutions in their
own way, subject only TO the Constitution Of
the United States but cordially agreeing in
he wisdom and Justice Of the principles Of the
Kansss-Nebraska Act, wisely determined to
plant themselves and the party upon those
principles, and leave the people Of a Territory,
like those Of a State, in the full and unrestrict-
ed enjoyment Of an the rights not delegated TO
the United states nor prohibited to the States
By The Constitution Of the United States, the
proper or improper use Of those rights, their
abuse or disregard, to be determined BY the ju-
diciaI tribunals Of the country .ani not BY Con
gross
The Supreme Court Of the United States BY
its Judgment in the bred Scott case, have de-
cided that the act Of Congress Of March 6,
1890. prohibiting the existence OF slavery, in
certain Territory acquired from France. is
unconstitutional aud void, Tor the obvious and
conclusive reason that no such power has
been delegated, either expressly or by inpli-
cation, 10 Congress in The Constitution. In
this decision the Democratic party acquiesee,
and that settles and establishes the correct
ness Of the doctrine Of noa-iuteryention or
non-inter- erence TO the entire satisfaction Of
the party.
Such being the Judgment OF the Curt, it
follows o. consequence that as Congress does
not possess the power 20 prohibit slavery in
the territory Of the United States, it, the Con-
gress. cannot delegate the power to the Terri
t7rial legislature. Nothing can be clearer.
But tie Court no where decides that the peo-
pie IN The Territory DO not possess The
power 10 form and regulate their domestic in
stitu5ions IN their own way. Nor does the
Court attempt to dehas the powers of thePso-
pie. In fact this question was not before the
Court in the bred Scott case. 1t was the
power Of Congress and not the rights Of the
people which was before the Court for it's in
vrst.gation and decision.
In delivering the iudemru, Of the Court Chief
Justice Tarey said.
" ID some cases a government, consisting OF
persons appointed by the Federal Government,
would best -bssrv7 tha interests OF the Terri
/ tory when the inhabitants were few and
/ scattered. and new D. one another. IN Other
usfaurss, q u5uli be more advisable u COM
mt the P0lcrrs Of Sdf-C0r-rEmcnf 10 the people
rh0 Rad settled N he Territory, a. being The
most oompstenf 70 6eiermiHe uhai was best for
heir oUh istercsi.H
Mr.. Justice Campbell 10 ms opinion on the
| Drsd Scott case said.
The Norman lawyers of William The Con-
/ oueror. would have welded an implicit assent
/ to The doctrine, shat a supreme sovereignty is
an inseparable incident 10 a grant 10 dispose
| II ard to make an nnrdfuil rules and regula-
tons respecting the public domain. But an
American patriot, in contrasting the European
and American systems, may affirm, that Eu-
ro4ean Soyereigns give lands to their Colo
| nists. but reserve TO themselves a power 70
control their property, liberty, and privileges
but the American government sells the lands
belonging 70 the people Of The several States
q. e., UHited States) 10 their citizens, Uho are
already 10 The possession gf personal GHd p0iiti
cal rights, uhich TIE GorcrHmcaf did not cir,
and caHEOi take GtrGg."
A portion Of the people Of The United States
believe as the Norman lawyers would, that
Congress POSSESSES sovereign powers to govern
the Territories: others believe that Congress
has no power over the person OF property Of a
citizen but what the citizens Of the United
States have granted. Some believe that Con-
gress should intervene to prohibit the existence
Of slavery in the Territories; others who think
such intervention clearly unconstitutional
hold that it is nevertheless the duty Of Con.
gress 10 intervene so FAR as to protect by it,
legislation, when necessary the rights Of slave.
owners in The peaceful possession Of tia.
species Of property within the Territories
while many others bold that non-interventioI
or northumberland with the sbiset Of slavery
BY the Federal Government is thu true doctrine
The power 10 dispose Of and make al
nesdful rules and regulations respecting tht
territory and other property Of the Unite,
states, is delegated to Congress BY the PEG
PIE Of he several States. That Congress il
the exercise Of that power, can exclude from
the Pub'e lands or territory Of he Unite,
States, an intrudsTs, sguatters, and ~locators
none viii cont nd, it is presumed. Shout
Congress prevent the settlement Of any and al
portions OF the public land, or territory, unit
dispose Of 90 Individual citizens, what author
ity wonld @ possess to make rules and regula
: tionsf for the government Of the owners Of th
Iandthus disposed OF to and Possessed BY then.
None. it is thought, without their consent.
Congress, for the benefit and convenience O
!, the citizens, passess laws, inviting settlement
upoa the public lands before they are dispose
Of, securing to such settlers certain rights /,
4, occupancy and prescription. Citizens thu
invited bv Congress to settle upon the publ
D lands. are a. legitimately and as legally upo
hem, as # they had previously bought an
paid for the lands, and are. not in any sens
intruders OF squatters-
These settlers being upon the public land
without any organized government, not bein.
within the limits or jurisdiction Of any one o
tie States, Congress passes what is called a
p organic act for a territorial government Pre-
p rosing 10 the people The principles and eond
tions upon which they can have a legal GOV
eminent, organized for the protection Of the
persons, their liberties, their regulations an
J their property. The Governor TO be sppointe
70 BY the President the JUICES and some othe
officers to be also appointed by the same az
fhority; but The Legislative Assembly, th
. law making poEer Of the Territory, to cor
p sist OF two Houses, the members Of which az
10 Be elected By TIE people Of the Teuitor
= qualified 70 vote. The Federal Governmei
{ proposes this form Of government to the pee
pie Of the Territory, in virtue Of their owner
= ship Of the soil, and the people give it the.
sssen. BY organizing and living under it; TIN
preserving the peculiar American theory TIA
, the " Just powers Of government are derive
from The consent OF the governed.o A teri
torial government is a compact between n
Z United States, as owner Of The lands, and u
settlers who are already in the possession
personal and political rights which the govern
ment did not give and cannot take ava