The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1859-10-29

property lhefc is none. a territory
has no constitution Of its own and no.
body would be absurd enough to say.
that it is governed by the constitution Of
another State. Will it hc said, that the
provision in the Federal Constitution,
which eorbids the taking Of private prop
crty without compensation, can be used
so as TO restrain territorial sovereign.
ty? Certainly not The Supreme Court
have decided. (u Barron RS The City Of
Baltimore, Peters, 2i3) that the clause
referred to applies exclusively to the cx-
crcise Of the power by the Federal Gov
crnmcnt. The rule was So laid down by
Chief Justice Marshall. II was concur
red in by the whole court /; and its cor
rcctncss has never been denied or doubt
ed by any judge. lawyer, or statesman
from the time Of the decision to this day
II, therefore, there bc sovereignty in
the Territories, it is sovereignty unlimi-
ted by aHy constitutional in,crdct
This implies power in the Territories
infinitely greater than that Of any other
government in all North America.
The simple and easy solution Of all
this difficulty is furnished 10y the Sn-
prcrc Court, and adopted 10y the Demo.
ing the subject 1t is this That the
Territories are not sovcrcigus, but their
governments are public corporations, cs-
tablishcd 10y Congress to manage the To-
cal affairs Of the inhabitants. like the
government OF city, established by a
State Legislature. Indeed, there is prob.
ably, no city in the United States, whose
powers are not larger than those Of a
Federal Territory The people OF a city
indirectly. appoint their municipal iii
GERS Bat the President appoints the
Chief executive of Territory, as well
as the judges lie may send them there
from any part OF the Union, aud in point
of fact they are generally strangers to
the inhabitants when first chosen They
are in no way responsible TO TIE Terrific
ry OF its people hu, To the Federal Gov.
crnmcnt alone, and they may be rcmov
cd whenever the President thinks prop
err The territorial Legislature is sumc-
times (and only somctimcs) elected 10y
the people but why Because Con.
S'''S l'' "''" P'V nv w H. A.,
'i'c organic act Inc power .''"' SN,s
this privilege could withhold it too. 1t
is always coupled with restrictions and
regulations which could never b, impos-
cd on Il sovereignty ly any authority cx-
'cP' us OWL. i'c ,H'"'' act I'm Any
PfcsVt'o,s ''le q"'',n''''"ns ., 'V'o' .
ANU Wv '''es ''e ny ;
""" .oe "e''o" ~ '"o " 'N'''''o 'V"!
"S'' ~ = "''''''.'' y Wv wv ~
E"'''"'' apo,'''o" =! W" :, .s'','''
'' No. '' ~" 80 ~ - "'' i,"N 49,,
N"' 'u' P'Ss''''' .o''''V'' u''', y
'"""'''''''''V t'"'," ',S,,
W - . "'', ~ nu, ''',.'
-, !, H.. -.
~ 'V' a o.,
:, :" 49,, IN.
:, ''.'',' 49, - ,,'., ,,','.,
-, , =, T,..';,.,,.
~, ,''''' '"" ',.', 49, - 800,
a.,,ao,a ,nan's n,anor,, fr,m loin,,
t,.,, ,r,',;,l l,.r,'a,,,,r.,
'"a, $50 .ons,;,n,;"n nr,,ar,s i,
u.s., ,"'a, - T., ,In an,hn,;,;ns ~ a. c;,y
''r,.'r.,;,n'
=, '.,'',,i, l., no,o, h., uloo ,h;s
~ '" 'a, tar'r, ,,o Snnrana can,,
~ r,';,a1 So ,harn ,.as .o,n,,
difference nf nn;nin, AMONG She iudr,s
ON the question whether Congress might
$40, lcgisla,c COR Territory in such man.
ncr as to take Away the right of proper.
" in slaves 4 majority Of two-thirds
OF more held the negative and Mr..
Douglas admits that the majority was
clearly right. But no member Of the
Court expressed the opinion, nor was IT
ever thought Of ~ the counsel. That the
Territories had any such inhcren, and
natural power o! their own. Indeed
there is no Judge ct any grade ct char
ac'cr, nor any writer "h law or govern
mcnt, who has ever asserted or given
the least conntenancc to tins "of~n ~
ppniar or any other kind oil Soprogmy
IN The 7sfriio,,o
Some trouble will be saved in this
part Of the argument 10y tie fact that
since the first publication of this pam
phIc,, Mr. Douglas denies and r'pndiates
all claim of sovereignty for the Terrific
RES. lie oven says that he never did
regard them as sovereign His words
spoken at Wooster OHIO, and written
out 10y himself are these
IL NEVER damned lint fsrri,oriai rorcrn.