The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-10-19

they were entitled to keep delegate in Congress
with the right Of debating, but not OF voting.
This Charter OF Compact" with its 'funda-
mental conditions" which we're declared to be
'unaltersble'' without "the joint consent OF
the people interested in them, as well as OF the
, United States thus stood on the statute book
unrepealed & irrepealable, furnishing complete
system of Government for all 'the territory ce-
} ded or to be ceded'' to the United States with
out any other legislation upon the subject, when,
on the l4th day of MAY, 1887, the Federal Con-
vention assembled at Philadelphia and proceed
ed 20 form ihe Constitution under which we
how live Thus it will be seen that the dyid
ing line between Federal and Local authority,
in respect to the rights of those political COM
munities, which, for the sake Of conven ence and
in contradistinction to the States represented
. in Congress, we now call territories, but which
were then known as Estates" or 'neao States, 1"
was so distinctly marked at that day that no
intelligent man could fail to perceive it.
1t is true that the government Of the Conied-
Grafton had proved totally inadequate to the full
fillment of the ends for which it was devised;
not because Of the relations between the Terri
tories, or new States, and the United States,
but in consequence OF having no power to en-
force its DEGREES on the Federal questions which
were clearly within the scope Of its expressly
delegated powers. The radical defects of the
Articles Of Confederation were found to consist
in the fact that it was mere league between
sovereign States and not Federal government
with its appropriate cpartments--Executive,
Legislative and JUdcial--each clothed with
authority to perform carry into effect its own
peculiar functions The Confederation having
mower to enforce compliance with its resolves,
"the consequence was that though in theory
. h., oi,,F-n of IN
laws, yet in practice they were found to be
mere recommendations. which the States like
other sovergntieS, orbserved or disregarded
according to their own goodwill and gracious
pleasure" Congress could not impose duties,
collect taxes, raise armies, or do any other act
essential to the existence Of government with
out the voluntary consent and co operation oil
each Of the States. Congress could resolve but
could not carry its resolutions into eitect-could
recommend to the States to provide revenue
Il for the necessities of the Federal government
but could not use the means necessary to the
collection Of the revenue when tho states fail
ed to comply-could recommend to the States
TO provide an army for the general defense,
and aporton among the States their respoc-
tive quotas but could not enlist the men and
order them into the Federal service, For
these reasons a Federal Government, with
its appropriate departments, acting directly up
on the individual citizens, with authority to
enforce DEGREES to the extent Of It's delegated
powers, and not dependent upon the volunta-
~ action Of the several States in their cor
porate capacity, became indispensable as sub
stitute for the government of the Con'edera-
ton.
In the formation Of the Constitution OF the
United States the Federal Convention took the
British Constitution as interpreted and eXpoun-
ded by the colonies during their controversy
with Greut Britain, for their model maling
such notifications in its structure and princi.
pies as the change in our condition had render
ed necessary. They intrusted the Executive
functions to President in the place of King
the Legislative functions to a Congress compo-
sed OF Senate and House OF Representatives
in lieu Of the Parliament consisting Of the Hou-
ses of Lords and Commons; and the Judicial
functions to Supreme Court and such inferior
Courts as Congress should from time to time or
dain and establish.
Having thus divided the powers Of govern
ment into the three appropriate departments,
with which they had always been familiar, they
proceeded to confer upon the Federal Govern
ment substantially the same powers which they
as colonies had been willing to 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 denied tc
the British Government during the entire strug.
gle which terminated in our Independence, and
which they had claimed for themselves and
their posterity as the birth right Of all freemen
inalenable when organized into political com
munities, and to be enjoyed and exercised by
Colonies, Territories, and Provinces as fully
and completely as by sovereign States. Thus
it will be seen that there is no organic feat ture
or fundamental principle embodied in the Con
stitutIon of the United States which has moi
been familiar to the people of the Colonies from
the period of their arliest settlement and which
) has not been repeatedly asserted by them when
J denied by Great Britain during the whole peri.
cd of their Colonial history.
Let us pause at this point for a moment, ard
inquire whether it be just TO those illustrious
patriots and sages who formed the Constitution
f of the United States to assume that they in
} tended to confer upon Congress that unlimited
and arbitrary power over the people Of the A.
f mcrican Territories, which they had resisted
J with their blood when claimed by the British
Parliament over British Colonies in Americai
) Did they confer upon Congress the right to bind
the people Of the American Territories in al
cases whatsoever, after having fought the bat
ties of the Revolution against preamble" de
claring the right of Parliament "to bind the
Colonies in all cases whatsoever"
If as they contended before the Revolution
it was the birth right ofall EngliShman. inaen
able when formed into political communities, L
exercise exclusive power Of legislation in theil
local legislatures in respect to all things affect
ing their internal polity-slavery not excepted
did not the same right, after the Revolution
and by virtue Of it. become the birthright o
all Americans, in like manner inallenable wher
organized into political communiies-no mat
ter by what name, whether Colonies Terrific
ries Provinces or new States?
Names often deceive persons in respect to tht
nature and substance oil things. A signal in
stance OF this kind is to he found in that CLAUSE
, of the Constitution which says:
Congress shall have power to dispose Of and
make all needul rules and regulations respect
ing the Territory or other property belonging tc
the United States"
This being the only clause Of the Cons.itu
ton in which the word "territory" appears, that
fact alone has doubtless led many persons te
suppose that the right Of Congress to establish
temporary governments for the Territories, in
the sense in which the word is now used, must
be derived from it, overlooking the important
and controlling facts that at the time the Con.
sttutjon was formed the word territory had
lnever been useu or understood to designate a
political community or government OF any kind
in any law, compact, deed Of cession, or public
document; but had invariably been used either
in it's geographical sense to describe the super
fetal area of a State or district Of country, as
in the Virginia deed ofcesson Of the territory
or tract of country northwest Of the River
OHIO; or as meaning land in its character Of
property, in which latter sense it appears in the
clause Of the Constitution referred to, when