The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1859-10-01
ISSUES FOR 1860.
BIT STEPHEN A. DOUGLAS.

IN tne formation OF the Constitution OF
the United States, the federal Convention
took the British Constitution. as interpre-
ted and expounded by the colonies during
their controversy with Great Britain, for
their matchmaking such notifications in
its structure and principles as the change in
our condition had rendered necessary
They intrusted the executive functions to
a President in the place of a king; the
legislative functions to a Congress, compo-
sed of the Senate and House of Represcn-
tatives; in lieu of a Parliament, consisting
of the Houses of Lords and Commons
and the judicial functions To a Supreme
Court and such inferior courts rs Congress
should from time to time orda,in and cs-
tablish
Having thus divided the powers of gov
ernment into the three appropriate de
p.,rtments, with which they had always
been familiar, they proceeded to confer
upon the federal government substantially
the same powers which 'hey as colonies
had been willing 10 concede to the British
Government, and to reserve to the States
and TO the people the same rights and
privileges which they as colonies had de
MED to the British Government during the
entire struggle which terminated IN our
Independence and which they had claim
ed for themselves and their postcrity Is
the birthright OF all freeman, inalicnahle
when organized into political communities
and to be enjoyed and exercised 10y colo
nies, territories and provinces as fully and
completely as by sovereign States. Thus
it will be seen that there is no organic iea-
ture or fundamental principle embodied in
the Constitution of the United States
which had not been familiar 10 the people
of the colonies from the period Of their
earlier settlement, and which had not been
repeatedly asserted by them when denied
by Great Britain during the whole period
of their colonial history
Let US pause at this point for q moment
and inquire whether it be just to those IL
lustrious patriots and sagcs who formed
the Constitution of the United States, 10
assume that they intended 10 confer upon
Congress that unlimited and arbitrary pow
er over the people of the American terri
tories in all eases whatsoever. after having
fought the battles of the Revolution against
a preamble declaring the right of Par
lament to bind the colonies III all case
whatsoever
If, as they coutended before the Rcyolu-
ton, it was the birth-ri9lt of all English
men. inalieuablc when formed into Iui.t!-
cal communities, to exercise exclusive
power of legislation in their local icg.s'a-
lures in respect to all Things affecting the:r
internal polity-slavery not eXceptcd-'i.d
not the same right. after the Revolution
and by virtue Of it, become the birth-right
of all Americans, in like manner inaiiema-
bic when organized into political commUni-
ties-no matter by what name, whether
colonies, territories, provinces, or new
States
Names often deceive persons in respect
TO the nature and substance Of thiu--, :
signal instance of this kind Is 10 he found
in that clause Of the Constitution, which
saws:
Congress shall have power to dispose or anil T axe
all needful rules and regulations respecting t Tr to-
other property belonging 10 the United Stats.
This being the only clause OF the Con
stitution i'll which the word territory al-
pears. that fact alone has doubtless led
any persons 10 suppose that the right al
Congress 10 establish temporary govern
ments for the Territories, IL the seisc IN
which the word ! now used, must be de
rived from il, overlooking the lmportan:
and controlling facts that 1T the time the
Constitution was formed the word " Terri
tory. had never been used or understood
to designate political community or GOV
ern,nent of any kind in any law, compact,
deed of cesSon, or public document: but
had invariably been used either in lis REQ
graphical sense to describe the superficial
area of State or distric: Of country. as in
the Virginia deed of ccs-;on Of the ''talIi-
tory or tract ot ro,0,T.y Northwest Of the
Ohio or as meaning land il it character
as property, III waIch latter sense It aI-
pears III the clause of the Constitution re
ferred To. when providing for the dlsp"~!-
ton Of the territory or other property
belonging to the United States. These
facts, taken III connection with the kin
dred one that during the whole PERIOD OF
the confederation and the formation OF the
Constitution, the temporary governments
which we now call Territories, We're in
variably referred to in the deeds Of cession,
laws, compacts, plans OF government reso-
lutions OF Congress, public records, and
authentic documents as " States. or new
States, conc!usively show that the word,
- territory and other property III the Con
stitution were used to designate the unap-
propriated land, and other property which
the United States owned. and not the poO-
pie who might become residents on those
lands, and be organized into political com
munities after the United States had part
ed with their title
1t is from this clause Of the Constitution
alone that Congress derives the power to
provide for the surveys and sale of the
public lands and all other property belong
ing to the United States, not only III the
Territories. but also in the several States ii
the Union But for this provision, Con
rress would have no power to authorize
the sale of the public lands. military sites
old ships, cannon, muskcts, or other pro
perty, real orpersonal, which belong to the
United States, and are no longer needed
for any public purpose. 1t refers eXclu
sively to property III contradlstlnct!On tC
persons and communities. II conters tho
same power to make all necdtul rule:
and regulations i'll the States rs in the
Territories. and extends wherever there
may be any land or other property belong
ing to the United States TO bcregulated %
disposed of; but does not authorize Con
Cress to control or interfere with the do
mestic institutions and internal polity o
the people (either in the States or rh
Territories) who may reside upon land
which the United States once owned
Such a power had it been vested in Con
gres. would annihilate the sovereignty an'
freedom of the States as well as the grea
principle of selfgoyernment in the Terr
tories, wherever the United States happel
10 own q portion of the public lands within
their respective limits, as, at present, II
the States of Alabama, Florida, MlsslsslI
pi, Louisiana Arkansas, Missouri, Illinois
Indiana, Ohio, Michigan, Wisconsin, Iowa
Minnesota, California, and Oregon, aud il
the Territories of Washington, Nebrasks
Kansas Utah, and New Mexico. The ide
is repugnant to the spirit and genius G
our complex system OF government; b,
cause it etiectuslly blots out the dividin
line between federal and local authorit
which forms an essential barrier for tn
defence of the independence of the State
and the liberties of the people against {,
deral invasion. With one anomalous e,
ception, ali the powers conferred on Coz
=. gress are federal and not municipal in the
character-affecting the general welfare