The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-09-08
FACTS FOR THE PEOPLE.

tOries--Legal Opinions Of Judge
Story, Chancellor Kent, and Chief
Justice Marshall.
The late Judge Story, in his "Com
montaries on the Constitution of the
United States, published in 1888, com
menting upon that clause Of the Con
stitutiou which declares that ''thc Con
gress shall havo power TO make all need
ful rules and regulations respecting the
Territory and other property belonging
the United States, said
rs 1318-As the General Govern
mont possesses the riglh to acquire ter.
ritory, either by conquest or by treaty,
it would seem to follow, as an inevitable
consequence, that it possesses the power
to govern what it has so acquired The
Territory does not, when so acquired,
become entitled to self-goyerument, and
it is not subject to the Jurisdiction Of
any State. It must, consequently, be
under the dominion and jurisdiction Of
the Union, or it would be without any
government at all"
IS l332-The power of Congress over
the public Territory is clearly exclusive
and universal, and their legislation is
subject TO no control but is absolute
and unlimited, unless 80 far as it is af.
fected by stipulations in the cessions, or
by the ordinance Of 1887, undor which
any part Of it has been settled"
Chancellor Kent in his commenta-
rios, vol. /, page 384, says:
"With respect to the vast Territories
belonging to the United States, Congress
have assumed to exercise over them SUI
Ipreme powers Of sovereignty Ezclu-
sivo and unlimited power Of Legislation
is given to Congress by the Consttu-
tion, and sanctioned by judicial de-
cisions" D."
The question Of the power Of Con.
gress over the Territories came up be-
fore the Supreme Court Of the United
States in 1928, in the case Of the Amer
lean Insurance Company and others VS..
Canter, Judge MARSHALL, in deciding
the question, says:
"Perhaps the power of governing a
territory belonging to the United States,
which has not, by becominga State, ac-
quired the means of solf-government,
may result necessarily from the facts,
that it is within the jurisdiction of
the United States. The right to gov
ern may be the inevitable consequence
of the right to acquire territory
Whichever may bo the source whence
the power is derived, tho possession of
it is unqucstioned. - 1st Peters Re-
ports, p. 542.
Here we have the opinions of three
Of the most eminent jurists our coun-
try has produced, all in favor Of the
Republican and against the Democratic
theory, What makes these opinions
more valuaole--if, indeed. anything
could add to their value--is the fact
that they were recorded at times when
the question had not become a political
question. They were based upon the
legal, constitutional principles involved
and upon no other consideration what,
ever. The opinion Of Judge Marshall
was the opinion Of the Supreme Court
of the United States, from which there
was no dissent--it was the decision Of
that Court which, as to questions con
cerning the power Of Congress, and of
the government, is by the Constitution
made the highest and last resort. Sure
| ly such opinions as these are entitled to
greater weight than the partial and
prejudicod statements Of mere party
politicians.
We have shown that tho present
creed Of the sO-called Democratic partv
is contrary to the principles and prac-
tice Of the Fathers of the Republic
contrary to the established usagos of
the government from its organization
to tho present time, contrary to the OK
pressed principles Of the party itself
aud Of its greatest leaders in years
past, and contrary to the opinions Of
the greatest and best Judges of cousti-
tutional law, and the decision of the
Supreme Court Of the United States
We sec, in the excited State of public
feeling in the North and in the South,
and in the daily intelligence of fratri,
cidal strife and bloodshed in Kansas,
the sad effects Of the present wretched
policy Of the Democratic party. Are
not all these facts enough to make hon
est Democrats pause and consider
whether their attachment TO the party
which has betrayed the best interests
Of the country is stronger than their
love for the principles of their fore
fathers, their devotion to the constitu-
ton, and their desire for the welfare
and happiness Of the American people?
INDEX.