The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-07-27
TERMS--s2,O0

Congress, and made part Of the deriocFatic creed
TO which | doubt not that party will adhere
with unyielding fidelity, that the pe0pie, clothed
with whatever authority it may be conPetsat
for Congress, under the Constitution, TO confer
upon them, and not Congress- shall legislats
for the Territories, in order that they maY do
what they please as to slavery, and other mat
ters Of domestic concern, though the sgency Of
their local legislatures, subject only 10 the Goa
stitution of the United Ststes," accomplished
with pledge for their admission into the Uaios.
on terms Of perfect equality with the originai
States, with or without slavery, IS theynRF %.
termine when they form sse constitution endsa
State government. And the Supreme Court has.
ing defined the mesaing OF the Constitution %
be- that Territory del iging all its Law, making
powers from Congress is asdependency and net
a sovereignty; that CongIeSs not being posses.
sed ofthe authority to exclude slavery cr sslsyS
property from the Territoies, cannot confer that
authority upon territorial legislature ;and ,fntS.
er, that slaves are property; that the territories
belong to the States in common; that the sciti.
zens of each and all the the States have an equal
| right to the occupancy of such common domain;
there to possess, use. and enjoy property ofepery
description including that of slaves, thete would
seem TO be but little room fer further cohtto.
Sersy, either in Congress or in the States. s.fss..
| ;. As for code Of congressional laws for The
benefit Of one species of property in the Ter.
rtories not necessary for he,rest, j. am sens
phatically opposed to any such ineasnre, and
think the proposition as. impoitic as the effort,
for it will prove rain and fruitless. For what
end, then, shall Congress legislator Whose
rights have been violated in any of the present
Territories? Or wherein has the people or the
legislature Of any territory attempted to nuiify
the constitution as expounded by the Supreme
Court, or in any ether way transcribed thsie
legitimate uthority? have heard Of no such
case. Even Kansas, factious and insubordinats
as the spirit in that territory at times has seem-
ed to be, has done none of these things. Thea
are we to legslate on some speculative theory,
in anticipation Of wrongs which may lever oc
cur? But, even if these wrongs had already
been committed, the proper remedy 10 the iudi.
ciary, and not with Congress Whoever imag.
ines himself agerieved in the use Of slave OF
other property, in Territory, should seek 70.
dress through the courts. and not through Con.
eress; and further should it at any time be Al.
legged that the legislature Of a territory has
| taanscended It's authority, TO the 6etranleRs Of
p'1v0te right, it will be for the judiciary. and
not Tor Congress- to ascertain that fact; and BY
its DEGREES vindicate the injured party. It is
for Congress to confer the law making power
upon territorial legislature, but it is the prov
nce Of the Judiciary to terminate the extent
Of that power and restrain its abuse. Indeed,
in the cases OF Kansas and Nebraska, because
OF difference Of opinion abou. the c9tent Of pow.
er possessed by Congress, this question was ex.
pressly referred to the courts, should the oeca.
sion rise for its decision. The authority ofths
local legislature over the concerns Of Terrific
ry, under the policy in view, is restrained only
by the Constitution, and that instrument will
restrain Congress to an equal extent. Its not
pretended that Congress is possessed ofauthor-
ity to create rights for slave property in the
Territories, and it need not be claimed that
Congress should attempt to define what thoss
rights now are, because, as / have already inti-
mated that is clearly the province Of the Judi
ciary III ERE is therefore nothing--absolutely
nothing to do on the subject. 1t has been refer.
red 10 the people and the courts, and there is
should be permitted to rest, unless, indeed,
some overt act of rebellion to the laws, Is in
the case Of Utah, should demand the attention
OF Congress or the executive department Of the
Government say therefore, let this danger
Gus subject rest on the laws as they are, and
let thu constitutional law, as expounded By the
Judiciary, and as it may hereafter be defined, in
any or al cases that may arise, be observed and
executed in letter and spirit; and above all, let
individual citizens be sustained in their legal
rights, and in the enjoyment of liberty and
property in the Territories. TO this end and
to this extent, it may become right and necss.
sary for Congress or the Executive to interfere.
AS for the paradoxical idea of the existence ofs
legal right in the many, in territory, to de-
stroy the constitutional rights of the few, it-iss
species Of "highet-lawisn," !" which is not likely
to be seriously maintained in any quarter, OF
ever to require the attention Of Congress. ~
With the highest regard, remain. gentle
men, your obedicnt servant, VIM. BiGLER,
To Hon. John Kelley and others, Sachems.