, 1859-09-12
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Dtesa'i: 4 Gt.ii1)ttttc,
SOVEREIGNTY.

EAXA.HNeAkGAA l. SVs =
We haze beforo called the attention ot our -
readers b, tic fact that whatever mhta'ed s
ncaiust Mr, Douglas theory Of Popular sovcr- Il
icntv was omitted by that gentleman in his 1
late aI,atept-right discussion Of TINT subject
in Ea,pgs Xagazae. But one omissions 50
gross that We may IL pasdoncd for noticing it I
with some lasticulazity: :~1:--.- i
: Tie great lact. underlying the history Of al j.,
the new Territories VIC mean, organ"
lied out of tho Province Of 1ouisiana- not | :
noticed or tiintod m-t1e fact that they were
acquired without authority Of Tho Constitution
Of the Uuifed s.ateA III violation Of tue sI's.t
Of that instrument, which never contemplated
accessions to our public domain, and upon
rlea Of public necessity. III: .1efcFsons
warmest defenders Ind nlsniEess lnvo estr /:
been constrnincd to admit that his acquisition
was ,3nlefensibe upon purely constitutional
grounds: and though the whole country
n;g t,,oises the wisdom and patriot
ism Of tho: policy Of his .Adminlstsa-
>ttiion III making: thc' purchase, It can!
tnever lo proved TINT, until the Tcs7'terles into
which Louisiana has been divided are organ
lied as States and formally admitted into the
Union, tile Constitution is extended oser them
at ALL 1t lns been held BY men far superior
10 Mr.. Douglas, in craftsmanship: and constr
tut;onal law, that these Territories were gov
ozned by Congress as it would govern con-
oucrcd country, by virtue Of its Sovereignty,
and without any show Of obedience to the 'u'-
dauaenaai law which regulates tho actions o'
tAs States. And 1he1e lave no: been wanting
in tie history of the country, examples Of tho
exercise Of that sovereignty in manner that
"a. tle Constitution at dehance, When Louis
lana was acquired. Congress, then composed
Of tic leading minds Of the country, in direct
and pa]pable violation Of the Constitution
thut instrument was thought to extend oyer
the purchase, continued the existing Span
ish government, which was v'ce-regai and
desposic; it put the President in the place
Of tile King Of Spain, gave him the np-
pointmcnt, without the advice and consent
Of the Senate, Of all the Territorial officers;
aud in fact rnadc him ut once the representative
the Of executive, Legislative and judicial tnnc~
ton. Of the embryo State. We have not
reader who is dull enough to fail to sec that
this acltion Of Congress is Incompatible with
the whole spirit aad tenor Of tho Constitution,
aud that in consummating it as It did, IN Dc
fiapce Of tia whole Federal strength IN tue
Senate and House. the Republican party Of
tue period, then led by Nr. Jefferson, commit
ted itself 50 directly and uncqriSocai'y to the
doctrine Of Congressional Intervention, tAat
nothing but ,1nilushing Justification Of history
can sl.nke its position on that point This bill
Has ,,assed'in 1905. Mr.; Benton says. that
it was agreed upon By the Cabinet Of that day;
that Dir. Madison drew and that Mr.: Jefferson
approved it. Nj: Benton observes: :
And thus. this first instance Of Congress
Legislation upon newly acquired territory wa
"a high an instance ot disregard Of the Consti
tuition as the imagination could concei1e-beln|
nothing less than the continuation OF the opan
ISL regal dcspotism--tlse President taking I'll
place Of tue King ofSpait; Governor claiborne
tLe p1ace Of the Intendaut General, Morales
the laws Of Spain remaining in force and admir-
istercd by American judges; and the whole prt
rinc,al administration going on as II no chanG
Of government bad takcn p3nce It WAS roya
.desrouc Gorernmcnt. and every body knew il
and no one thought OF testing y 'ne .4o IgnS. nht
ereen,sa n S,I9 : than m bv tic Koran.
THIS was the character Of tue first America
se:sn .e Sgn;ei, dasno,sm" IL estaLl,shed
srcs, men as then constituted the Federal Go
ernmen-aao Tno sn naFS &c tna 4o ng had e.s;stcd
making thr Constitution; ull were under on
to support 4 ana al, kor as s9oa ~ ~, sv;'
from beginning 10 cpd. And now, by what a
thority did thcy so votet md tue IN answer mara, H.
j: o~rns,rS4rs ~ o,ng.s ps11e r'' = '
=. .-. ~ ;n,;,,r,o,,+ and ronc,,,s;ra-
.-1a...~. - -. = rosz',,,o ,ranodont md 90 r,
a,sR;.. -. 49, ,>as;t;on ~ via fo,,nders or
=. n'.,r. -. ,,.,.nn,,o o,,t of
:. nsna,,s, .1.ra,;rn ns ,,n rort1,r Of ri, cn1o,
~ o'as'a' ''"''As Wv 40 ss"s :. .
s'''4 '1' .H,,,o,' @ In Ina c.cited
Aeps ~ Wv e,.:. s: c,,,.wcrs and the 1.are m,
tinn r ~ ns.,o sr,,soor.nt ,,rococd,nca of fin so
Ccu,x-,ss +. ,>,.s;a, s,,;,ront onactr,erts
4ho sona Tcrr;torv m Tho sn,dect Of Stare
o.s,,z, o,>,,~<,..a5 md ,,r,,,,,lv ;ns,;eated
1oo,,ann .ra,1a Lawn lroc,,ad Lila so,,at
!. .oua,o;,nt., tlecrr ;nto +hc n;ddle Of n
,,.oo,, ~ ala xroi, IN c,r,ct Them. Int n
1eac''es o. s''slo1s IT. ~ s"u'' - "A -
sion Which, While necessarily latal 10 has u
fanglcd-position, is o,nlnently characteristic
the man.
We do not dig up this record Of tho past
- m example for imitation, or to endorse