Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-10-19
APPENDIX.

of our readers and of the American people generally
APPENDIX.
Another edition of these Observations being
called for, an opportunity is afforded for adding some
thoughts suggested by the attempted reply OF Mr.
Douglas, and by some criticisms of a different kind
which have appeared in other quarters.
Mr. Douglas charges with entertaining the
opinion that "a the States of the Union may con-
fiscate private property doctrine winch ne de
nouuces as most wicked and dangerous heresy.'
He championizes the inviolabty o: property, and
nvokes the fiery indignation of the public upon us
for ascribing to the States any power of taking 1t
AWAY Now mark how plain tale will put HIM
down.
There is no such thing and nothing like it on all
these pages, from the first to the last. Mr.. Douglas
was merely fourishing his lance in the empty air.
lie had no ground for his assertion, except most
unauthorized inference of his own from our denial
that the power existed in the Territories. The Ter
ritories must wait till they become sovereign States
before they confscate property that was our
position. Therefore, says the logic of Mr.. Dougas,
all the States in the Union may do it now. What
right had he to make mputations of heresy founded
upon mere inference when orr opinion on the very
point was directly expressed in words so plain that
mistake was impossible? The following sentences
occur on page II:
II
free, they must compel the government to keep its
hands off their private property; and this can be
done only by tying them up with careful restrictions
Accordingly our Federal Constitution declares that
mo 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 COM
pensation' It's universally agreed that this applies
only to the of the power by the government
of the United States. We also protected against
thn St.fo re NV a similar tho
State constitutions. Legislative robbery is, there
fore, crime which cannot be committed either by
Congress or by any State legislature, unless it be
done in flat rebellion to the fundamental law Of the
land"
The close of the same paragraph shows why it was
important that no attempt should be made to exer
else such power by Territory:
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 ex-
perence; and, above all, until the great powers of
sovereign State are regularly conferred upon them
and properly limited, so as to prevent the gross
abuses which always accompany unrestricted power
in human hands?'
Mr.. Douglas certainly read these passages. for he
borrowed phrase from them and put it into his
own speech lie ought to have understood them
If he both read and understood them why did he
aege that this pamphlet favored the dangerous
heresy referred to? Let the charity which "thinketh
no evil find the best excuse for him it can.
That the government of sovereign State, unre-
stricted and unchecked by any constitutional pro-
hibtion, would have power to cOnfiscate private
property, even without compensation to the owner
is proposition which will scarcely be denied by any
who has mastered the primer Of political science
Sovereignty, which is the supreme authority of an
independent State or government, is in its nature
irresponsible and absolute 1t cannot be otherwise
since it has superior by whom it can be called to
account Mere moral distractions or theoretic prin-
cples of natural justice do not limit the legal au-
thority of a sovereign. No government ought to
violate justice; but any supreme government, whose
hands entirely free, violate it with IMMUNITY.
For these it is that the Saxon have been
laboring, planning, and fighting during these
hundred years. for Great Charters, Bills of Rights,
and Constitutions to limit the sovereignty of all the
governments they have lived under. Our ancestors
in the old country, as well as in America, have
wasted their money and blood in vain to establish
constitutional governments, if it be true that gov
eminent without constitution is not capable of
doing injustice. They knew better than that. They
understood very well that sovereign government,
no matter by whom its power is welded, may do
what wrong it peases, and Ibid its will avouch the
deed"
Now, what is the constitutional prohibition which
can anywhere be found to restrain popular Sovcr-
eighty in the Territories" Gf there be such thing
there) from contiscating any citizens property p
There is none. Territory has constitution of
its own and nobody would be absurd enough to
say, that is governed by the constitution of anoth
er State Will it be said, that the provision in the
Federal Constitution, which forbids the taking of
private property without compensation can be used
to restrain territorial sovereignty? Certain
ly not. The Supreme Court have decided, Tin Bar
ron Us. The City of Baltimore, Peters, 243) that
the clause referred to applies exclusively to the
ercise Of the power by Federal Government The
rule was so laid down by Chief Justice Marshall
1t was concurred in by the whole court; and its
correctness has never been denied or doubted by
any Judge, lawyer, or statesman from the time Of
the decision to this day. IT. therefore, there be a
sovereignty in the Territories, it is sovereignty un-
limited by any constitutional interdict. This i'm
plies 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 by the Supreme Court and adopted 10y
the democratic party the true principle governing
the subject 1t is this: That the Territories are not
sovereigntes but their governments public cor
porations, established by Congress to manage the
local affairs of the inhabitants like the government
Of city, established by State legislature. Indeed,
there is, probably, no city in the United States,
whose powers are not larger than those of Federal
Territory. The people Of a city elect their own
mayor, and, directly or indirectly, appoint their
nicipal officers. But the President appoints the
Chief Executive of Territory as well as the judges
He may send them there from any part the Union,
and in point of fact they generally strangers to
the inhabitants when first chosen. They are in no
way responsible to the Territory its people, but
to the Federal Government alone, and they may be
removed whenever the President thinks proper
The territorial legislature is sometimes (and only
sometimes) elected by the people; but why? Be-
cause 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 could never be
imposed on sovereignty by any authority except
its own The organic act generally prescribes the
qualifications Of voters and divides the territory into
districts and the action of the legislative body it
self is controlled by the veto power of governor
appointed By the President and removable at his
pleasure; 1t is too clear for possible controversy
tnst territory is not q sovereign power, but I
subordinate dependency. 1t cannot deprive mar
Oh nus property without due process of law, or with
out JUST compensation, for two reasons: l. 1t has