The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1859-09-22

people the same rights and privileges
which they AZ colonies had denied to
The British Government" They, as
colonies, denied to the British Govern
ment the right and privilege of impos-
ing duty ON tea ), yet they have not
reserved that right and privilege to the
States. Senator Douglas says that
they as colonies denied to the British
Government the right and privilege of
regulating the African slave-trade yet
they have not reserved that right and
privilege to the States. have noticed
the only colonial grievance specified by
Judge Douglas, and shown that every
thing which he says was claimed by
the colonies, has been surrendered by
the Constitution to the federal govern
ment. aalss.s
The colonies were unwilling to be
taxed by The British Government, be-
cause they had no representation in
Parliament. The States were willing
to be taxed by Congress, because they
we're represented in Congress. This
Is precisely the difference in the two
cases. Nothing but Senator Douglas
political necessities could have driven
him into so hazardous line of argu-
ment. a7.a - 3 s.so.
:, His only witness whose testimony L
propose to examine, is the opinion Of
the Court in the bred Scott case. 1t
will, l am sure, surprise most people
to learn that this opinion has been In
voked in support of .Squatter Sovcr-
eighty, for it has generally been consid-
cred that if that opinion did nothing
else it most effectually extinguished
Squatter Sovereignty. But let us see
if in this, as in relation to the power
Of Congress to govern Territories,
every body has been mistaken. Judge
fancy in his opinion says:
"The power to acquire necessarily
carries with it the power to preserve
and apply to the purpose for which it
was acquired. The form of govern
ment to be established necessarily rest
ed in the discretion of Congress. 1t
was their duty to establish the one
that would be best suited for the pro-
lection and security of the citizens of
the United States, and other inhabit-
ants who might be authorized to take
up their abode there, and that must al
ways depend upon the existing condi-
ton of the Territory, as to the number
and character of its inhabitants, and
their situation in the Territory. In some
cases a government, consisting of per-
sons appointed by the federal govern
ment, would best subserve the interests
of the Territory, when the inhabitants
were few and scattered, and new to
one another. In other instances, it
would be more advisable to commit the
powers of selfgovernment to the peo-
pile who had settled in the Territory,
IS being the most competent to deter
mine what was best for their own in
terests. But some form of civil au-
thority would be absolutely necessary
to organize and preserve civilized socie-
ty, and prepare it to become State !;
and what is the best form must always
depend on the condition of the Terri
tory at the time, and the choice of the
mode must depend upon the exercise
of discretionary power by Congress,
acting within the scope of its constitu-
tional authority, and not infringing up
on the rights of persons, or rights of
property of the citizens who might go
there to reside, or for any other lawful
purpose. 1t was acquired by the exer-
else of this direction, and it must be
held and governed in like manner until
it is fitted to be State"
Again he says:
Upon these considerations, it is the
opinion of the court that the act of
Congress which prohibited citizen
from holding and owning property of
this kind in the territory of the United
States north of the line therein men,
toned is not warranted by the oonsti-
tuition, and is therefore void"
Again he says:
And if Congress itself cannot do
this-if it is beyond the powers con-
ferred on the Federal Governmental
will be admitted, we presume, that it
could not authorize territorial govern
rnent to exercise them"
Senator Douglas must have known
that this opinion was directly opposed
to the construction he sought to put
upon it. In introducing it into his es-
say he had purpose. He had une-
quivocally Endorsed it, and this indorse-
ment was damaging his prospects at
the North, and although he knew his
construction of it to be clearly errone-
Gus, yet it would enable him to say
that it was according to that construc-
ton that he had Endorsed it, and that
if that was not its meaning, then he
did not approve it.
Trua Prouhaf. 80.