The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1859-09-23
VOL. 3, NOS.

deiegated, Tor the simple reason that il does NOT
| consltutlonalIy exist
Wlil anybody say that such power ought.
as matter Of policy, or for reason of public
safety, to be held by the provisional governments
ofthe Territories Undoubtedly no true patriot
nor friend of justice and order, can de-
llberately reflect on the probable consequences
without deprecating them.
ms power over property is the one which
IN all governments has been most carefulIv
guarded, because the temptation TO abuse il Is
Always greater than any other. Il il there that
tle SUBJECTS OF limited monarchy watch their
King win the greatest Jealousy. No republic
nas ever ialed TO impose strict limitations upon if.
All Tree people know, that if they would remain
Tree, they must compel the government TO keen
lis nands OF their private property ;andthis can
De done only by tying them up with careful
restrictions. Accordingly our Federal Con-
stltutlon 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 jus: compensa-
tion." 1t is universally agreed that this an
plies only to the exercise OF the power by the
Government of the United States. We are
also protected against the State governments
EhOfiSiOEI III STATE CONSTITUTIONS.
Legislative Robbery is therefore crime which
cannot be committed either by Congress or by
any State Legislature, unless it be done in fiat
rebellion to the fundamental law of the land.
But II the Territorial governments have this
power, then they have it without any lmita-
ton whatsoever, and in all the fnIness of
absolute despotism. They are omnipotent in
regard to all their internal affairs, for they are
sovereign, without constitution TO hold them
IN check. And this omnipoent sovereignty is
to be welded by few men suddenly drawn
together from all part of America and Europe
unacqualnted 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 NAV
take every kind of property in mere caprice.
or for any purpose of lucre or malice, without
process Of law, and without providing for COM
pensatIon. The Legislature of Kansas, sitting
at Lecompton or Lawrence, may order the
miners to give up every ounce of gold that has
been dug at Pixies Peak. IfthS Authorizes
OF Utah should license a band of marauders
to despoil the emigrants crossing the Territory,
their sovereign right 10 SO cannot be questioned.
new Territory may be organized, which
-
va ~"''s~,I ..-L:IA tho neonle IF tho Norllt
are equally certain 49,. q, as:- .Sis,.ss is fb,
rr~P~s hnSnacs ~ he carried on there. Ifone
party, BY accident, by force, or by fraud, has a
majority in the Legislature, the negroes are
taken from the planters and if The other set
gains political victory, it is followed by a
statute TO Plunder the graziers OF their cattle.
Such things cannot be done by the Federal
Government, nor by The governments of the
States but, If Mr.. Douglas is not mistaken,
they can be done by the Territorial govern
ments. Is IT not every way better to wait until
the new inhabitants know themselves and one
another until the policy OF the Territory is
settled by some experience and, above all.
until the great powers of a sovereign Stale are
regularly conferred upon them and properly
limited, SO as TO prevent the gross abuses which
always accompany unrestricted power in
human hands
There is another consideration, which Mr..
Doug las should have been the last man to'oyer-
look. The present Administration of the
Federal Government, and the whole Democrat
lc party throughout the country, including Mr.
Douglas, thought that, in the case of Kansas,
the question ofretalning or abolishing slavery
should not be determined by any representative
body without giving TO the whole mass OF .he
people an opportunity OF voting on it. Mr..
Douglas carried it further, and warmly opposed
the constitution, denying even its validity, be-
cause other and undisputed parts of it had not
also been submitted TO a 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
other property, shall be decided at once by
Territorial Legislature, without any submission
at all. Popular sovereignty in the last Congress
meant the freedom Of the people from all the
restraints of law and order now it means a
government which shall rule them with rod of
iron. 1t swings like pendulum from one side
clear over to the other.
| Mr.. Douglass opinions on this subject of
sovereign Territorial governments are very
singular but the reasons he has produced to
support them are infinitely more curious STILL
For instance, he shows that Jefferson once
introduced into the OLD Congress of the Con-
federation plan for the government OF the
Territories, calling them by the name OF ssNew
States,' but not making them anything like
sovereign or independent States and though this
was mere experiments; projet, which was re-
iected by Congress, and never afterwards refer
red to by Jefferson himself, yet Mr.. Douglas
argues upon it as il it had somehow become
part of our fundamental law.
Again; He says that the States gave 10 the
Federal Government the same powers which as
/ colonies they had been willing 10 coucede to the
British Government, and kept those which as
colonies they had claimed for themselves. If
be will read common-School history OF the
Revolution, and then look at AIT. l, secs, OF the
Constitution, he will find the two following facts
I fully established l. That the Federal Govern
ment has ''power to lay and collect taxes, duties,
imposts, and excuses . and, D That the colo
MES, before the Revolution, utterly refused TO be