The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-11-04
NEW SERIES-NO. 2O2.

tions upon which life may be taken, liberty
restrained, and property forfeited. This
sovereign power in the Territories is vested
exclusively in the territorial legislatures
Congress never having assumed the right to
enact a criminal code for any organized
Territory of the United States.
POWER OF TAXATION FOR TERRITORIAL PUR-
POSES.
The territorial governments are also in
the habit of imposing and collecting taxes
on all private property, real and personal,
within their limits, to pay the expenses Incl
dent to the administration of justice and to
raise revenue for county, town, and city
purposes, and to defray such portion of the
expenses of the territorial government as
are not paid by the United States; and in
the event that the owner refuses or fails to
pay the assessment, the territorial authori-
ties proceed to sell property therefor, and
transfer the title and possession to the pur-
chaser. The only Limitation on the power
of the Territory in this respect is the pro-
viso in the organic law, that "no tax shall
shall be imposed upon the property of the
United States nor shall the lands or other
property of non-residents be taxed higher
than the lands or other property of resi-
dents" This exception and qualification
in respect to the property of the United
States and of nOn-residents is conclusive
evidence that Congress intended to recog-
nize the right of the territorial government
to exercise the sovereign power of taxation
in all other cases. Will the Attorney Gene.
raj inform US whether the taxing power is
not an attribute Of sovereignty? And
whether he intends by construction to nuli-
fy so much of the organic acts of the several
Territories as recognize their right to exer-
else the power of raising revenue for terri
torial purposes? 1t is important that the
citizens of the United dStates-non-residents
as we'll as residents of the Territories
should know whether all of their property in
the Territories is exempt from taxation or
not. In the classical language of the Attor-
ney General, this Legislative robbery"
which can alone proceed from sovereign
power, should not be permitted to 60 on, if
it be true that the Territories shave no
attribute of sovereignty about them."
POWER OF CREATING CORPORATIONS.
The territorial legislatures are also in the
habit of creating corporations-municipal,
public and private-for counties, cities, and
towns railroads and insurance Offices, acade-
mics, schools, and bridges. Is not the
power to create corporation an "attribute
of sovereignty Upon this point Chief
Justice Marshall, in delivering the unani-
nous opinion of the court, once said: "On
what foundation does this argument rest a?
On this alone; that the power of creating
corporation is one appertaining to sover-
eighty, and is not expressly conferred on
Congress. This is true. But all legislative
powers appertain to sovereignty"
ONE OF TWO CONCLUSIONS FOLLOWS.
Since it can no longer be denied, with any
show of reason or authority, that all legisla-
tive powers appertain to sovereignty, the
Attorney General will be obliged to take
shelter behind one of two positions
Either that the Territories have no legis.
lative powers, and, consequently, no right to
make laws upon any subject whatever;
Or, that they have sovereign power over
all rightiul subjects of legislation consistent
with the Constitution of the United States,
as defined in the organic acts, without ex-
cepting slavery.
With all due respect, the first proposition
is simply absurd. 1t contradicts our entire
history. 1t nulli6es the most essential pro-
visions of the organic acts of all our Terri
tories. 1t blots out the legislative depart
ment in all our territorial governments. 1t
leaves the people of the Territories without
any law, or the power of making any, for
the protection OF life, liberty, or property, or
of any valuable right or privilege pertaining
to either and drives the country, by the
necessity of the case, to accept the Philadel-
phia Republican platform of 1856, "that
Congress possesses sovereign power over the
Territories of the United States for their
government"
The second proposition, however, is in
harmony with the genius of our entire polit.
cal system. 1t rests upon the fundamental
principle of local self government as laid
down by the continental Congress of 1774,
and ratified by the people of each of the
thirteen colonies in their several provincial
legislatures as the basis upon which the rev.
olutionary struggle was conducted.
1t preserves the ideas and principles of
the revolution as affirmed in the Jefersonian
plan of government for the Territories in
1884, and confirmed by the Constitution of
the United States in 1887.
"It is founded" as Mr.. Buchanan said in
his letter accepting the presidential nomina-
tion, "0n principles as ancient as free gov
ernment itself, and in accordance with them
has simply declared that the people of a
Territory, like those of a State, shall decide
for themselves whether Slavery shall or
shall not exist within their limits" "What
a happy conception, then, was it for Con.
gress to apply this simple rule--that the will
Of the majority shall govern-to the settle
ment Of the question Of domestic Slavery in
the Territories Il Inaugural address of