The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1859-10-12

So' ShIi tuc oOIiSatlOn is cancelled,
South Carolina will not put ia the plea of
non est .tactu"e to her own bond. Ii urg.
Ell as a political issue in the South, it will
divide the State Rights party from the
Sabine to the Potomac-from the Allan
tic to the Mississippi. 1t becomes our
wisdom, therefore, in the present condi.
ton of affairs, to let it sleep.
The territorial question las recently as.
suned shape SO imposing on the public
mind, that | am not permitted to pass it
in silence.
Let us :ouch on the theory Of the oues
ton and afterwards regard it practically. !
There are two views of it, even in the
Democratic party, almost diametricalv op
posite, but not supported by equal weight
of reason and authority. One view is,
that the Territory belongs to the United
States, and the absolute sovereignty owe,
it is in them that it was acquired for the
benefit of the people of the several States
that the Federal Government holds t as
Trustee for their common use, until It
shall properly be associated with the 9th
er States AS cO.equal member of the
Union and, that Congress has the ex.
elusive right to provide for its govern
ment that the power Of Congress to leg.
islate for it under the Constitution is eX.
elusive; that the machinery Of Govern.
ment to be employed for the protection
of persons and property oF those who may
be authorized to take up their abode in
the Territory, is at the discretion of Com
gress, and, for that purpose Congress may
legislate directly, il it choose, and appoint
its own officers to carry such Legislation
into effect or may, if such be the best
mode, erect Territorial Government
there, and confer on the inhabitants pow
er to choose the members of Legislature,
which IS to act as an agent, created and
appointed by Congress, to pass laws nee
essary and proper, subject to the supervi.
sion of Congress that the power of Con
gress over the person and property of a
citizen i'll the Territory is not discretion.
airy, but "tho Territory being part Of the
United States, the Government and the
citizens both enter it nnder authority Of
the Constitution, with their respective
rights defined and marked out and the
Federal Government can exercise no pow.
er over his person and property beyond
what that instrument conters, nor lawful
Iy deny any right which it has reserved"
that the Constitution denies the right to
! Congress to deprive any citizen Of the
/ United States OF his property without due
! process OF law, and no act which deprives
a citizen of his property merely because
he takes it with him to any particular
! Territory belonging 10 the United States
can be dignitied with the name Of due
/ process Of law )" that il Congress itself
cannot DO this, it cannot authorize a Ter
ritoral Government TO 90 it. nor can the
Territorial Legislature itself do so, for in
such case, it would be above the States
above Congress-and above the Con
stitutIon that ''the right of property in a
slave, is distinctly and expressly affirmed
in the Constitution )" that the only power
! conferred on Congress over the subject of
slavery, is "the power coupled with the
duty OF guarding and protecting the own.
er in his rights )" that every citizen of the
United States has the same right 20 car
ry, hold, and enjoy in the cannon Terri
tory, every species Of propety which may
be recognized as property in any one OF
the United States that "whatever the
f. political department of the Government
shall recognize AS within the limits Of the
United States, the Judicial department is
also bound to recognise, and to admins
ter in it the laws Of the United States, so
far as they apply, and to maintain in the
Territory, the authority and rights Of the
Government, and also tie personal rightS
and rights OF property of indiridual cifi.
gems as secured By tie Constitution"
This brief extract indicates my view
of the theory Of the question: view
which | believe is supported not only by
reason, out the highest authority of courts
commentators, and statesmen.
We will now enter on brief examina
ton Of The views of those Of the Demo
cratic party, who we believe have depart
ed from the faith. We will discuss the
points Of differences as they arise.
The sovereignty Of the United States
over the Territory is no, denied plainly
in words, but for the success Of the argu
ment on the other side, il must be evaded
To escape the denial, and at the same
time to invest the inhabitants Of a Terri
tory with the absolute right to exercise
high and unquestioned attributes Of sor
ereignty, it becomes necessary to apply g
new term. 1t is affirmed, therefore, tha
they possess the inherent right Of self
government, because they are political
communities. This term, therefore, j.
pressed into service and made to answer
all the ends. 1t is in truth, however
only varying the phrase to describe the
same condition.
The only just political significance ot
political community is body polite, which
in the political sense, is nothing less thar
a State--a nation in which sovere;gn,,
resides. Now by what process have these
inhabitants arrived at the dignity of q
political community Did they 20 int,
the territory and conquer it,and set !hem
selves up as a distinct people-a poli.ica
community 7 Or, did they, going ;her,
under the authority Of the United States