The daily press. (Cincinnati [Ohio) 1859-1859, 1859-04-25
squatter Sovereignty-Browns Re-
view and the Gazette.


certain passages from Brownsons Re-
view, in which that Journal takes ground
against what is called the doctrine Of
Squatter Sovereignty, which it identifies
with Mr.. DOUGLAS. The Review denies
the legislative capacity of the people of
Territory, because the Territory "has
no existence but what it derives from the
Federal Government, no rights or powers
but those conferred on it by Congress.
"The power of Congress over 1.-THE
Territory-continues the Review, "is
no doubt limited, but by its own consti-
tuition, not by the rights and powers of
the Territory"
This is about as stupid as possible and
how men, claiming not merely to be SEN
sible, but to be wise enough to instruct
others, can write and publish notions so
absurd is matter not easy of explana-
ton.
In these days of enlightenment upon
subjects of political philosophy it would
seem to be an undeniable axiom, that
wherever there is people, there is re-
posed somewhere-either in themselves
or In some polity or politics, organization
or organizations-plenary power for their
government Such power must exist 1t
IS lnsepaHable from the existence of the
people Otherwise the right of self
government is noe--ss we perpetually
aeciare-in the people: tho is to say, in
Oil nS..ankind. If, therefore, THE power of
Congress, in respect to the Territory is
limited by its own organic lSw, where is
the remainder of the power which, added
to that of Congress, makes the g. 'vern-
ment complete?
1t will not do to say that, on accoun. t
of the Territorial form, and under its I,
necessities, the people are partially de-
prived of government. If such is the
case, the Territory is an absurdity it is
worse-a negative despotism. Want Of
government is anarchy; partial want is
partial anarchy-anarchy coterminous
with the deprivation: and no people, or
part of o people, in the world has the
right to decree for any other people, or
part of people, condition of anarchy
in whole or in part If the power of Con-
gress over Territory is therefore partial,
it follows, as matter of necessity,
Bpringing from the native and undeniable
right of every people to government
fully equal to their civil necessities, that
the remainder of the political power is
somewhere else; and if there is found no
function to which it has been delegated
the conclusion is irresistible, that it re-
mains with the people, to be exercised at
their discretion, both in respect to man
ner and matter.
The Gazette-by its onductors-seems
rather surprised to find the Review agree
ing with its own notions in respect to
squatter sovereignty. There is no occa-
sion for astonishment The two journals
belong, it is true, to different sects, but
they belong to the same school in poll
tics-the theological. Both treat power
as thing of divine gift, and both ignore
the native right of the people to govern
themselves. In discussing this question,
they see only CONGRESS, as a governing
power, upon one side, and TERRITORY, as
q thing to be governed, upon the other;
and because "the Territory has no exist
ence but what it derives from the federal
government" they hold that the people
of the Territory have no political rights
but such as the federal government per-
mits them to exercise. Instead of the
people being the fountain and source of
power and the end and object Of govern
ment, government is the fountain and
source Of power, and its end and object
are its own glory and preservation.
In respect to slavery, the question be-
tween the Gazette, the Review, and their
adherents, on the one side, and Mr..
DOUGLAS on the other, is dispute be-
tween two sophisters, which, as neither is
in the right can never come to rational
termination. 1t is not true, as Mr..
BRowNsoN contends, that "if Congress
has the right to legislate on the question
of slavery, it may delegate the exercise
of that right to the Territorial Legisla-
ture." There is nothing in the constitu-
tion, nothing in the practice of the gov
ernlaent, nothing in the principles of
representative polity, nothing in reason or
common sense, to encourage the idea that
there is reposed in Congress the right to
delegate legislative power to any repre-
sentative body whatsoever-State or Ter
ritorial; on the contrary, every reason