The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28
The Dividing Line Between Fed
eral and Local Authority.

INV OlViulhS AIuC DCtWOOu Ou
eral and Local Authority.
Popular Sovereignty IN the Territories.
BIZ STEPHEN A. DOUGLAS.
- (Contiaued.)
: It is important that this Jefersonian
Plan of government for the Territories
shosld be carefully considered for many
obvious reasons. 1t was the first plan of
government for the Territories ever adop-
ted in the United States. It. was drawn
BY the author of the declaration of In
dependence, and revised and adopted by
those who shaped the issues which pro.
duced the Revolution, and formed the
foundations upon which our whole Amer
lean system of government rests. 1t was
not intended to be either local or tempo
rary 10 its character, bat was designed to
apply to oil "territory ceded or to be &C.
dsd, - and to be universal in its application
end eternal in its duration, wherever and
whenever We might have territory requi-
ring government. 1t ignored the right
Of Congress to legislate for the people of
the Territories without this consent, and
recognized the inalienable right Of the
people of the Territories, when organized
into political communities, to govern
themselves in respect to their local con-
Germs and internal polity. It was adop-
ted by the Congress of the Confederation
on the 2sd day of April, 1884, and stood
upon the Statute Book as general and
permanent plan for the government of all
territory which we then owned or should
subsequently, acquire, with q provision
declaring it to be "Charter of Compact,"
end, that its provisions should "staud as
fundamental conditions between the shir-
oteen original States and those newly des-
cribed, unalterable but by the joint con-
issnt of the United States in Congress as
sembled, and of the particular State within
(which such alteration is proposed to be
made" Thus this Jeffersoni an Plan for
the government of the Territories-the
. "Charter of Compact"-"these fundamen-
Etal conditions" which were declared to be
4 assunslterable" without the consent of the
people Of "the particular State Territory
within which such alteration is proposed
/; TO be made" stood on the Statute Book
2 whom the Convention assembled at Phils.
delphia in 1881 and proceeded to form
the Constitution Of the United States.
Gssf Now let us examine the provisions oi
= the Jeffersonian Plan:
Ss.ls First. the territory cedcd or to
, DO ceded by the individual State to the
United States, whenever the same shall
iohavo been purchased of the Indian inhab.
3 itacts and offered for sale by the United
= States, shall be formed into additional
d States" etc etc.
sdF The Plan proceeds to designate tn
boundaries and territorial extent of th'
= proposed additional States" and thel
provides:
b9ai Second. - "That the settlers within tn,
Q territory so to be purchased and offeret
for sale shall, either on their own petition
or on the order of Congress, receive au
'thority from them, with appointments o
q time and place, for their free males of ful
y age TO meet together for the purpose Q
= establishing temporary, government t
= adopt the Constitution and laws of al.
aaone Of these States lthe original States
1850 that such laws nevertheless shall b
q subject to alteration by their ordinary leg
3 nisiature, and to erect. subject to like al
10 tefation, counties or townships for th
: election of members for their Legislature.
s1 Having thus provided Q mode by whic
nathe FIRST inhabitants or settlers Of the ter
4 aritory may assemble together and choos
u for themselves the Constitution and law
u Of some one of the original thirteen State
% end declare the same in force for the gov
saserument Of their territory tenaporaril!
.tswith the right on the part of the peopl
ID TO change the Same, through their locs
q Legislature, as thoy may SOC proper, th
alPlan then proceeds to point ont the mod
s0iin which they may establish for then
81 selves - permanent Constitution an
government" whenever they shall hav
twenty thousand inhabitants, as follows:
Q SOL IHsrd-"That such temporary govern
Fement only shall continue in force in an
= State until it shall have acquired twent
'H thousand free Inhabitants, when, givin
z due proof thereof to Congress, they sha
receive from them authority, with 81
htnofntments of time and place, to call
I Convention of Representatives to estal
'Falish . permanent Constitution and GO
- eminent for themselves.
7dl Having thus provided for the frst SO
30 tiers 80 temporary government" in the
additional States" and for 50 perm
mont Constitution and government" whe
they shall have acquired twenty thousan
inhabitants, the Plan contemplates th
'aa ,hey shall continue to govern themselv
So a. States, having, as provided in the Wi
10 ginis deed of cession, "the same rights
sovereignty, freedom and Independence
in respect to their domestic affairs and il
90 tefnsl policy, ''as the other States" un,
si they lshsll have population equal to Il
o least numerous Of the original thirtee