The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-01-19

paragenent IN TINS instance as great as
the prohibition to import slaves from a
foreign country, under penalty Of death.
II the one proposition is stigma re-
curing the dissolution of the Republi
can party to remove, the other PROPOSE
tons were equally degrading to the IN
stitution, and must be removed before
Southern men could realize their demand
that no odious distinctions should be
made against their institutions.
Republicans deny the premises. They
deny that slave property can exist out
side of the States tolerating it. They
treat the inhabitants of all the States AS
people, and not as property. The con-
stilution treats slaves not as property,
but in every instance as persons, and as
a senator, he would legislate for them and
about them only in the light in which
the Constitution describes them, and in
the enactment of law creating a gov
eminent for territory he would regard
all its people, resident and prospective,
as persons" and provide for the pro-
lection of all their rights of persons.
This led him to consideration of the
power Of Congress over the Territories.
The possession Of this power is now ad-
mitted by the President in his last mes
sage, and by every Democratic Senator
on the floor but two. Republicans pro
pose to legislate for the people of terri
tory only so far forth as was necessary
for the protection of their natural rights
from invasion from abroad or subversion
from within. In despotism the will Of
the governing power is supreme, and
may arbitrarily dispose OF the lives, pro-
perty, liberty, conscience and character
of the people. In constitutional gov
eminent the natural rights of man are
saved from invasion by the constitution.
In this country the people reserve the
private rights of life, liberty. property.
conscience and character /; they never
surrender them to civil society. They
have maintained from the beginning that
all just government exists solely for their
protection. Hence they have, in each
state, adopted a constitutional funda-
mental lava law that is higher than
statute laws law that controls the &C
ton of the legislature, the judiciary and
the executive law that these combined
cannot set aside; law that defines the
scope of legitimate legislative power
that permits the Legislature to enact all
laws which, in their judgment, are nec-
essary for the protection of the natural
rights of men. and no more. The Re-
publicans propose the same in reference
TO the Territories that in the Terrific
ries there shall be fundamental law, a
declaration of rights, such as was enact.
ed in 1887. An examination of this act
will demonstrate that it was, in fact, a
" constitution" for the people of the
Northwest Territory. 1t contains every
essential provision now contained in the
constitution Of the State of Ohio. Ii
contains every fundamental characteristic
of the constitutions Of each and all the
individual states. 1t indicates who shall
make the laws. 1t indicates who shall
adjudicate and apply them ; and by whom
enforced. 1t contains, also, bill of
rights for the restriction of Legislative
power, which may not be violated by
courts, governors or legislatures. The
Republicans propose TO establish this
kind of government for the new Terri
tories to establish for each a constitu
tioncl republic, recognizing the doctrine
of the fathers. that the people of the
Territories, as we'll as of the States, pos
sess certain inalienable rights that they
need not surrender TO the local govern
ment, that the local government cannot
rightfully take from them /; that among
these may be reckoned the right to life,
the right to liberty. the right to freedom
Of conscience, the right to protection oil
character and the protection of property
No one will deny the constitutional
right Of Congress to pass an organic act
for the establishment Of territorial gov
eminent; no one will pretend that this
organic act does not become the funda-
mental l.w Of the Territory-its consti-
tution-which cannot be trampled under
foot by its legislature, courts or executive
But if Congress has the unqucstioned
power to established a constitutional
government for a Territory, to create a
temporary constitution, defining the pow
ers Of its respective departments, how
much power should be conferred on its
local legislature I? The Republicans re-
spond. "grant the Territorial LegisIa-