The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1860-02-29
TERIRIToRIAL POWERS.

l,sls it was sought to introduce a proviso
s exclude slavery This was opposed /
t. Mfr. Calhoun and in his speech before
,he Senate of June 9th Of TINT year, ihe
anticipated the positions since assumed /
by the Democratic party relative to the
MOVERS of the inhabitants Of Territories.
After proving by a clear array Of. facts
and arguments that Congress has the sole
and exclusive power Of governing the
Territories, he proceeded to show that
this exclusive power was subject to i'm
portant restrictions express and implied
Weqaote q passage from this portion of
tbespeech which presents withira small
compass the: doctrine for the support of
which Democrats are now cnntending.
q ut is a great errorto suppose that /
either this (the federal or the State gov
ernments possess in any case, absolute
mower, Such power can belong only to
the Supreme ultimate power, called soy
,ereignty, and this, in our system, resides
IN the people of the several States of the
Union. WithIls, governments, both fed
eral and State, are but agents, or, more
properly trustees, and, as such, possess,
not absolute, bna subordinate and limited
powers $ for allpowers possessed by such
governments must, from their nature, be
trust powers, and subject to all the re-
sstrictions to which that class of powers
are. KS ss
g3 e Among them, they are restricted to
the nature and objects of the trust and
+ hence no government under our system,
federal or State, has the right to do any
thing inconsistent with the nature of the
powers intrusted to it, or the objects for
which it was intrusted,; OR to express it
in more usual language, for Which it was
delegated TO do either would be to per-
rent the power topprposes never intended
!. and violation of the constitution, and
thattin the most dangerous way it could
be made, because more easily done and
less easily detected But there is another
and important class of restrictions which
f more directly relate to the subject under
discussion. refer to those imposed on
the trustees by the nature and character
Of the party, who constituted the trustees
and invested them with tie trust powers
to be exercised for it's benefit In this
case it is the United States, that is, the
several states ofthe Union. 1t was they
who constituted the government as their
representative ortrustee, and intrusted
it with powers to be exercised for their
common and joint benefit. To them in
) their united character the territories be-
long, as is expressly declared by the con-
!. stitution. They are their joint and com
mon owners, regarded as property or
hand, and in them, seycraIy, reside the,
dominion ~ d sovereignty over thu m. They
are as much the territories of one state
as another-of Virginia as of New York J.
aaof the Southern as of the Northern States.
They are the territories Of all because
they are the Territories ofscach; and not
Of each because they are the Territories
y Of the whole Add to this the perfect
equality Of dignityasi well as Of rights,
which appertain to them as members Of
aconlmon federal Union which all wri-
tiers admit to be a fundamental and essen
4 tial relation between States so united
and, it must be manifest that Congress, in
{, governing the territories, can give no
preference or advantage to one State
over another, or TO one portion or section
Of the Union over another, without de-
priving the State or section over which
preference is given, or from which
the advantage is withheld, of their clear
and uoqnestionable right, and subverting
the very foundation on which the Union
and government rest. 1t has no more
power. to do SO than to subvert the con.
stitution itself. Indeed Ae act Itself acould
Be su5rersiosp, 1t would destroy the re-
lation Of equality ontlIe part Of thc South
.ern States and sink them to- mere Deepen
dents Of the Northern, to the total 'des-
tructionl of the federal Union, So. {
!. 81 have now shown, | trust, beyond
CONTROVERSY, that Congress has no power
Whatever 10 prevent the citlleiis Oh TIE
Southern States, from ENGRAVING with
their property into the territories of the
United States, or to give an exclusive
monopoly Of them to the North. | now
propose to 60 one step further and to
II show that neither the. inhabitants of the
Territories nor their legislatures have
any such right. A very few words will
be sufficient for the purpose for of all
the positions ever taken, | hold that
which claims the power for them to be
The most absurd Iftle Territories be-
long to the United Statcs--if the owner
ship, dominionand sovereignty over them
lbe in the States Of this Union, then
neither theinhabitants of the Territories,
nor their legislatures, can exercise any
power but what is subordinate to them !:
but if the contrary could be shown,
whiclI hold to be impossible, it would
be subject toall the restrictions, to which
Ssl have shown the power of Congress is
and for the same reason, whatever power
thew might hold wopld in the case SIM