The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-10-19
lCoNCAuDED.] ]

VIII anybody say that such power ought,
as a matter of policy, or for reasons Of public
safety, to be held by the provisional govern
mems of the Territories? Undoubtedly nc
true patriot nor no friend Of justice and order,
can Deliberately reflect upon the probable con
sequences without deprecating them.
This power over property is the one which
in all governments has heen most carefully
guarded, because the temptation to abuse it is
ALWAYS greater than any other. 1t is there that
The subjects of limited monarchy watch theil
king with the greatest Jealousy No r(pull IL
has ever failed to impose strict limitations upon
it. All free people know, that if they would
remain Free they must compel the government
to keep its hands off their private property; and
this can be doue only by tying them up with
careful restrictions. Accordingly our Federal
Constitution declares that "no person shall be
deprived Of his property except by due process
Of law" and-that private property shall not be
taken for public use without just compensatIon.''
1t is universally agreed that this applies only to
the exercise OF the power by the government oI
the United States. We are also protected
against the State governments by similar pro
vision in the State constitutions Legislative
robbery is therefore a crime which cannot be
committed either by Congress or any State leg
stature, unless it be done in flat rebellion to
the fundamental law Of the land. But if the
| Teraitoral governments have this power. then
they have it without any Limitation whatsoever,
and in the fulness of absolute despOtism. They
are omnipoent in regard to all their internal
affairs for they are sOrereign, acitt0uta conStitu-
Gon to hoH Hcm in chfcE And this omnipotent
sovereignty is to be welded by few men sud-
denly gathered together from all parts of Amer
ca and Europe, unacquainted with one another,
and ignorant Of their relative rights, But If
| Mr.. Douglas is right those governments have
all the absolute power Of the Russian Autocrat
| They may take every kind Of property in mere
| caprice or for any purpose Of lucre or malice,
without process Of law, and without providing
for compensation. The Legislature Of Kansas,
sitting at LecCmpton or Lawrence, may order
the miners to give up every ounce OF gold that
has been dug at Pixies Peak II the authori-
| ties OF Utah should license band Of marau
| ders to despoil the emigrants crossing the Ter
| tory, their sovereign right to do SO cannot be
questioned A new Territory may be organ-
zed, which Southern men think should be deyo
ted to the culture Of cotton, while the people OF
| the Meth are equally certain that grazing alone
| is the proper business TO be carried on there
# one party, by accident by force, or by fraud,
has majority in the Legislature, the negroes
] are taken from the plarter; and if the otherset
gains political ctorl il is followed by stat
ute to plunder the glazers Of their cattle. Such
hings cannot be done by the Federal Govern
| ment, nor by the governments of the States;
! bug, il Mr.. Douglas is not mistaken, they can
be done by The Territorial governments. Is it
not every way better to wait until the new in
habitants know themselves aud one another; I'M
til the policy OF the Territory IS settled by some
experience; and, above all until the great pow
ers Of sovereign State are regularly conferred
upon them and properly limited, so as to pre-
vent the gross abuses which always accompany
unrestricted power in human hands?
There is another consideration which Mr..
Douglas should have been the last man to over
look. The present Administration of the Fed
eral Government, and the whole Democratic
party throughout the country, including Mr..
Douglas thought that, in the case of Kansas,
the question Of retaining or abolishing slavery
should not be determined by any representative
| body without giving to the whole mass Of the
people an opportunity Of voting on it. Mr..
Douglas carried it further, and warmly opposed
the constitution, denying even its validity be.
canse other and undisputcd parts OF it had not
also been submitted to o popular vote. Now
he is willing that the whole slavery dispute in
any Territory, and all questions that can arise
concerning the right Of the people to that or
any other property. shall b. decided at once by