Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1859-11-04

can violate 1t with 1mpunIty. FOR tneSe
reasons it is that the Saxon race have been /
laboring, planning, and fighting during I
these seven hundred years, for Great T
Charters, Bills Of Rights, and Constitu=
tions to limit the sovereignty OF all the
governments they lived under. Our an #
cestors in the old country, as we'll as mi
America, have wasted their money and
blood in vain to establish constitutions
governments, if it be true that a governs /
-ment without a constitution is not capable
doing injustice. They knew better than,
that. They understood very we'll tllat.a
sovereign government, no matter bs
whom its power is welded, may do what
wrong it pIeases, and Ibid It's will avouch
the deed"
Now, what is the constitutional prohi-
bitten which can anywhere be found to
restrain s'PopuloG Sovereignty in the Ter
rtories" (if there be such thing there)
from contiscating any citizens properly!
There is none A Territory has no cons
titution OF It's own and nobody would
be absurd enough to say, that it is gov
erned by the constitution OF another State
Will it be said, that the provision in the
| Federal Constitution, which forbids the
taking Of private property without com
pensation can be used so as to restrain a
The Supreme court have decided, (in Bar
ron u.s. The city OF Baltimore, Z Peters,
243) that the clause referred to applies ex-
| clrsively to the exercise of the power by
| Federal government. The rule was SO Laid
/ down bv Chief ustice Marshall. 1t was
concurred in by the whole court and lis
correctness has never been denied or
doubted by any Jndge: lawyer, or states
man from the time of the decision to this
dav II, therefore, there be a sovereignty
unlimited by any constitutional interdict.
/ This implies power in the territories in
tinitely greater than that Of any other gov
elnnent in all North America.
The simple and easy solution of all this
difficulty is furnished by the Supreme
! Court, and adopted by the democratic
! party as the true principle governing the
subject 1t is this: That the Territories
are not sovcre:s :snties, but their govern
I, -ncnts are public corporations, established
by Congress to manage the. local affairs
OF the inllabitstnts, like the government OF
a city, esf;.DT7sSed EezS
Indeed, there is, probably, no city in the
United States, whose powers are not larger
than those OF Federal Territory. The
people of city elect their own mayor,
and, directly or indirectly, appoint their
points the Chief Executive Of Territory
as we'll as the Judges. He may send them
there from any part Of the Union, and in
point OF tact they are generally strangers
to the inhabitants " hen first chosen. They
are in no way responsible to the Territory
or its people, but to the Federal Govern
ment alone, and they may be removed
whenever the President thinks proper
The territorial legislature issometimes (and
only sometimes) elected by the people f;
but why! Because Congress has been
pleased to permit it by the organic act
The power that gives this privilege could
withhold it too. 1t is always coupled with
restrictions and regulations which coald
never be imposed on a sovereignty by any
authority except its own. The organic
act generally prescrbes the qualifications
OF voters, and divides the territory into
districts; and the action of the legislative
body itself is controlled by the veto power
of a governor appointed by the President
and removable at his pleasure. 1t is too
clear for possible controversy, that Ter
ritory is not a sovereign power, but sub
ordinate dependency. 1t cannot deprive
man of his property without due pro
for two reasons l. 1t has no sovereign
power of its own; and, 2. The Fedora
Government, being forbidden by the Coz,
stitntion to exercise such power itself
cannot bestow it on a Territory. The
EfsConstitution of the United States protecs
q mans property from being plundered b
a territorial Legislature, just as State con
stitution protects it from robbery by the
authorities of city corporation.
1t should be noted that when this ques
ton was before the Supreme Court of thu
T United States, there was some differences
of opinion among the Judges, on the ques
ton whether Congress might, or might not
legislate for Territory in such manne
. as to take away the right of property il
slaves A majority of two thirds or NOR,
held the negative and Mr.. Douglas ad
. mits that the majority was clearly right
8 But no1nember ofsthe court expressed th,
opinion, nor was it even thought of by til,
counsel, that the Territories had any sucl
inherent and natural power OF their own
Indeed there is no judge of any grade o
character, nor any writer on law or gov
ernment, who has ever asserted or givel
!. the least conntenance to this notion of pop
qtzar or anysother kind Of sovereignty n
the Territories.
Some trouble will be saved in this par
Of the argument, by the fact that sine
the first publication of this pamphlet, Mr.
], Douglas denies and repudiates all CLAIM
of sovereignty for the Territories. HI
even says that he never did reward then
as sovereigns, His words spoken at Woos
: