American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-10-06


extracts from your psper which We advise
you to read and recollect:
In regard to the question Of popular
sOvereigniiy in the territories, We repeat
that il does not txist as sn inherent right.
that it cannot exist as right until con-
ferred by Congress. that Congress must
first delegate the power before that power
exists. There are no such things under
our government as iphereut political rights,
they ere all conferred by positive law
found in the constitution Of the United
States. thslaws Of Congress. the constitu-
iion Of the States. and the laws Of the
States. The territories are either snbser-
vieat to or independent Of the United
States. If subservieut to, then they can on
ly act in conformity to, and in Accordance
with the laws Of Congress. II iudepend-
snt OF. then may they disregard the laws
Of the general government then may they
adopt such government as to them seems
proper. Monarchy. Aristocracy or Democ-
raey. regardless cftbe general government
republican in form or not. Then indeed
was the ordinance Of '87 unconstitutional.
then indeed was every act Of legislation in
behalf Of the territOries--lhe appointment
Of Judges and Governor-the Nebraska bill
itself gross and infamous act Of usurpA.
Iion. II will hardly be insisted that il the
people Of the territories have an inherent
right to self-government, that every legis>
lativs act must be submitted to and sp-
proved by Congress. And yet this has
been the practice Of our government from
its inception.
| 1t will hardly be eontended that il the
people Of The territories are .'indspendent
sovereigns." that they have not the light
and power to elect their own governors
and select their own judges, and yet the
general government has exercised this
power from the adoption Of the cons titu.
ton down to the present time. 1t will
hardly be insisted that If territorial soyer.
eignity is an inherent right, that it requires
any particular number OF citizens to vest
that rght-that il does not existin so mel
as 10 80 thousand, and yet Douglas him
self-your god father insists that there
must be a sufficient population 10 entitle
them to territorial government before The
right accrues. The right to lsgislaie is no
inherent in the people OF the territoiies.--
They have no right to pass laws to form /
territorial, or q state government, witbou
an express delegation Of that power By
congress. This was the doctrine Of tht
general government adopted in the case oi
Arkansas. It is the doctrine OF the faith
ors Of the government. Of Clay. Webster
Calhou, and even Douglas. This was tht
doctrine that su omitted the Lecomptor
constitution to the people. 1t is the doc
tripe that enabled Douglas aided and as
sisted By the friends Of liberty and right
TO triumph over The weak and imb,cile ef
forts Of more weak and imbecile admin
is,ralion, Il is the doctrine Of the Repub
lican party to-day, and The only one that
tenable. e
The people Of the territories have n
legislative power except such as is confer
red upon them BY organic act. The
are strictly limited by its provisions. The
cannot act independent Of. nor in violsiio
oft. In Tie case Of Arkansas where thi
!, principle was made direct test. Butle
then Attorney general ofthe United State
in giving his opinion. held the following
language, II am Of the opinion that the IN
habitants Of the territory have not at pres
:, ent, and that they cannot acquire Other
! wise than by act okcougress the right
form such government" This Is III
- doubiedly the well settled doctrine Of Il
" government. and Il being so, 10 talk abo
inherent right is absurd, theirs being a de
egatsd right, and Congress being the on
!" ~" power to dslegste. may withhold or refu
- - to delegate her right TO the territories. al
q thus would they be poweIless and witbo
law, Is It no, plain that il the power do
not exist until delegated by oongr ess, th
:, that poweris not inherent, that II exii
: and exists only cotenporanious with, al
- =, by virtue Of the organic law. and is il u
= equally plain that Congress must have 4
legislative power before she can dslegs
70 IL. ftt
~ VINO WOULD HAVE BElrEvED OUR RKPoI
ce Had We, two months since. prOphesi
% that Henry B. Payne would turn Kaus
g sbrieker, we would have been accused
%. concocting o sensation item for our dai
ad But it is even so. and we must increase
: shrisks or Mr.. Payne win steal our thv
y der and drown our voice. But what
% more. Mr.. Payne goes in for "Blsedi
res Kansas" f.
10 The above is from the Cleveland Hero
ON a leading Republican paper. whose edit
!. is evidently frightened, for he says. ''
" must increase our shriebs or Mr.. Pay
en will steal our thunder aud drown
nd voice"