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

ton is admitted, but claims resting on
that foundation must be made good by
success. Ibe very assertion, however, oi
such doctrine, is an abandonment Of the
argument.
An elaborate effort has been made to es
trbish an identity of relation between the
Colonies to Great Britain, and Territory
to the United States. The opinion of Mr.
Madison on the causes Of the Revolution is
rs follows will thank my friend to read
IT,
Tho fundamental principles Of the Rev.
olytion was, that the COlouies were co ordi-
rate members with each other, and with
Great Britain of m Empire, united by
common Executive sovereign. but not united
by any common Legislative sovereign The
Legislative power was malntnined to be as
complete in each American parliament, as
in the British parliament. And the roval
prerogative was m fo,ce in each Colony, by
virtue of its acknowledging the King Tor its
Executive Magistrate, rs il was in Great
Britain, by virtue of like acknow ledgment
there. denial of these principles by
Great Britain, and the assertion of them by
America, produced the Revolution"
Alr Madison adds, in substance, that tacit-
ly, and for convenience, Great Britain was
allowed TO regulate the trade with foreign
Nations, and between the different parts of
the Empire. But, when it was asserted
that Parliament could legislate for the Col
oDies IN all cases uh Oerer, it provoked
such enquiry as Showed It could do so in no
case tohatsoerer.
If then they stand in relations Identical or
analogous, what is the true condition of the
Territories They are coordinate members
with each other. and with the United States,
of common Empire.
The Legislative power in the Territories
Is as complete as in the States and in the
Congress. And, Congress has no right to
make Laws for them in any case ,0hatSOerer.
these, truly are. high pretensions, and, if
well founded, the action of the Federal Gov
eminent, in relation to the Territories, from
the beginning, has been and idle farce
Let us now take practical view of the
question, and see how we stand in relation
to it, Anterior to 1850, the acquisition OF
Territory from Mexico brought into full play
the hostility of large portion of the North
TO The system of African slavery, rs it exis.
ted ID the South, and revived the old ques.
ton of sectional power. The conflict be.
tween the parties became so bitter and in
tense, that the Union shook TO its CENTRE
Strenuous efforts were made to alay the
storm. Tie panacea for all the troubles of
The Government was applied, and Il com
promise awaged the dislempcr for moment
by the very act of compromise, Texas was
dismembered, the Executive proviso in re
lallon to California :alihed-,hus excluding
The slavehosding States from the chance To
ENJOY the benefit Of that rich acquisition -
There were some acts indebted TO be com.
pensatory. The question, however not be-
ing fully settird, it passed over TO the Con-
gress of 1884. That body, them took up
the Territorial question for final settlement
The circumstances attending the matter, are
of such recent occurrences that will only
a!!ude to them, by saying, that one portion
of the Democratic party, held that Congress
had the right to prohibit slavery in Terri
tory, and sought 10 induce the exerciss of
that power. The other portion, not only
denied the right, but affirmed that, slavery
was recognized in The Territory, and pro
tected there 10y the Constitution. The sub
ject became so veXatious, and SO fruitful OF
evil, that both sides agreed to Danish il from
the Halls of Congress, and abide the deciS-
ION OF the Supreme Court of the United
states as TO which view was correct
Hence, by the Kansas Nebraska act" Con-
gress conferred all the power of local lcgis
lation which it had, on the Territories, to be
exercised by them, subject to the Constiiu-
lton Gf The Uniied States with the Supreme
Court as Interpreter. If that tribunal, upon
appeal, should decide that Congress had the
right to prohibit slavery in the Territory,
then, Congress having conferred all the
power 1t had on the subject. to the Terrific
nal GOvernmenU the Territorial Govern
ment could likewise do so. But, If the Su
preme Court should decide that Congress
had no such right, and that slavery was re
Tnt nm nt..l h. 81.
the Constitution, then, of course the TerrIto.
mai Government had no such right, and could
not prohibit il there. But, on the contrary,
standing in the place Of Congress, and as it's
agent, like Congress, il " ouid be bound, not
only to tolerate, but to protect property in
ala'es, as 1t would all other kinds of pro.
perty. And, when the inhabitanls of the
Ierrtory, in the proper manner, became the
people OF State, they could, and would,
Ike all other States, deal with the snbicct
as they Pleased. II this be the Arrangement,
IL Is wise and just, and for one, am willing
TO abide by it. But, some new ideas have
recently been advanced on the subject, and,
II they prevail, must destroy every feature
OF wise and just arrangement, and leave il
delusion and snare. Let us glance at
come Of them.
1t is affirmed that Territorial Legisla.
laturc may. within the limits sf the Cons,i.
tution, BY doing, indirectly, what il cannot
DO directly, accomplish all the purposes of
.plenary power over the subject. First, by
'unfrIendIy Legislation. Secondly, non-acton,
and as nnciIiary to these, by limiting the
jurisdiction of the Courts. deny them
all.
The potency Of "unfrendIy Legislation"
IS to exhibit itself by discriminating systems
OF taxation, and by Perversion Of the tax
ing power, as well shy non-aciion. Let
US consider them The power to tax is yes
ted in all constitutional Guvernm .nts. and
especially in our American SYSTEMS, for the
purpose only of raising revenuc-revenLe.
the main purpose of which is to protect the
property, out Of which it arises, as we'll as
the persons who own it. To maintain,
therefore, that the power to tax, can, within
The limits of the constitution, be us ID with
view to destroy the very thing for which
HIS vested as means of protection, is an ab.
snrdity. | will venture TO affirm that there
cannot be found in the ciyiIizpd world uvb.ra