Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-04
The Territories.

The argument advanced by Mr.. DOUGLAS for his
theory or doctrine of Territorial Sovereignty is
based on the inherent rights of people to give form
to their government As naked proposition made
by people destitute of government, and having the
elements of nationality within themselves, and own
ing no featy either by the occupation of lands be-
longing to another government, or by their being
voluntarily under the protection and within the
bounds of National Sovereignty, or on discovering
thas the Government under whose flag they have
settled was not able to protect them, Mr. DIS doc
trne may be admissibe but is this the proposition
The Constitution provides that the Federal Gov
eminent shall make all needfulrules and regulations
respecting the Territory belonging to the United
States. No power is granted to enact or organize
laws TO operate within Territory, for the simple
reason that it is compact between severe igntles
that cannot exercise power except in liked,
limited manner and direction in constituting other
sovereignties as co-equals in the compact already
existing.
The Territorial Governments, as they have been
organized under all Administrations, have been the
creatures of the Government, The objects Of as care
and protection but have assumed the right of
making organic laws since their author and creator,
the Federal Government, had no such power. Any
law affecting the existing relations of property, as
recognized in the Constitution, recognized in
any of the Constitutions of the States is an organic
law and lies at the very foundation of civilized socl
ETY. and any people assuming the power to pass
such Law, must be, by very necessity, sovereign
people at the moment-free from all restraints e1-
ceptng those that have been voluntarily assumed.
Any such law would conflict with the laws OF ha-
tons and would be only recognized as piracy by
united Chrisendom if passed by the inhabitants OF
| Territory that had no name among the family OF
| nations.
The relations of Territory are not only regu'
lated by the Constitution but its obedience and fea
ty TO the author of Its creation the absolute ne
cessity of its existence. Deny that the one or the
other is due, and you deny the great principle
of popular sovereignty, expressed IN constitution
al and legal mode you deny the responsibility Of
a government to free people you deny that the
creature owes any duty to the creator; you deny
! the primal relation of man to society, to govern
ment and to his God.
The condition precedent, then, of Territorial
government is obedience to the federal power, and
if this be true it assume no sovereign power OF
its own votion or by delegation
But Mr. DOUGLAS denies that the people of an un
organized Territory have the inherent rights that he
claims for the organized Territories that is, he de-
MES to a people in a state of nature, only having
the first element of society," disposition to form
government-the rights which he claims for another
people in the same state of advancement, but which
they have by their own voluntary act renowned
He denies to people, removed from all the protect
ing power of government, in a state of anar
chy. in circumstances where, by the necessity
of the case, might makes right and the in
stitutive and natural laws prevail in all their vgor
and where the law of self-defense, self-protec
ton, is king, the same instructive rights that he
comedies to a people who have fled from anarchy
and taken refuge under the Constitution and laws
of the Union. Whether Mr. DOUGLAS succeeds il
establishing the distinction he has suggested between
Squatter Sovereignty per Sc and Squatter Sove
reguty extra Sc the difference is in favor of those
who have not asked for cannot ge the protection
of government The necessity of some government
must to some extent Justify bad one, and, having
no laws and no constitution to rebel against, the
people cannot be traitors. The principle that Mr.
DOUGLAS would establish in the circle of govern
ment. and after its establishment, has but two
functions: the one is in establishing system Of
government de aoUo-whefe there is no restraint
the other is IN reUOhtiOn-against government The
American people have long since settled the differ
ence. and declared that in the operation OF the
laws made by themselves the operation OF Mr.
DOUGLAS principle is simple treason.