, 1860-04-20
.rtsa Ttihtttte,
FRIDAY, APRIL 20, 1850.
AN OLD DOCTRINE.

AN OLD DOCTRINE.
It was the opinion Of sll the older aud wiser
stAtosmen Of The Republic, that the ccnstitu'
lion Of the Cnited States has no reference or
application to the Territories, whether acqu's-
I'd before or after the adoption Of that lnstr'l-
xnsnt- That opinion is rnquestioaaby c2rfse';;
and the only one upon which tile keruol'c"n
party can be maintained IN It's effort, IN 'ace o.
the auaai decision Of the Supreme Couri, topfe-
vent tho extension Of Slavery; and logic
ally aad necessarily ne must oolre back TO II.
Nowhere does tue Constitution speak oi tho
government Of Territories. Its provisions are
nj for tue States. It contalus nothing by
which the acquisition Of territory is permitted
3pssmuch as acquisitions :cver were oontem.
plated. 1t is 4 compact between States-not
between Territories and Territories, or Terri
tories and States: but between STATES Alone
The territory claimed and owned by the Cor
srnment, at the datc Of tho adoption Of tue
Constitution, was governed By the Congress as
sovereign power, as father governs his Mi
2or children. without re;esence TO- in face in
defiance Of the plainest provisions Of the
fundamental law; and that practice was con-
ttnued in all the territory comprised in LouIsl.
ana and Florida acquired subsequent to 1's9-
Mr. Benton in his able and conclusive review
f the DEed Scott decision. makes this 10 plain
that even Democratic audacity has never ,n-
dertaken to deny his facts, or the inevitable de-
ductions tl,ere(rom. Ho shows by an unb1okcn
shain Of evidence one end Of which extends
back 10 the Constitutional Convention and tho
aighth bill passed By tho first Congress, and
thence reaching down through every tcrrlto-
sial :ct, that until tho introduction into the
Senate Of Mr. Ca}bouns G4moas resolutions, in
ls47, the sutjectoa Of the Territories to tho
Constitution had never been seriously ASSERT
ID, and that, until the ill.starred, unnecessary
and traitorcus measure, the Kansas-Ncbra:ka
bill, nothing ever entered into Territorial bill!
By which the supremacy Of TIE Constitution in
the Territories WAS asserted, even by ;mrlsca-
zion. Tbo Ordinance ofl7s7, 1e-aiGrmed by
the Congress Of 1889. was T. gross violation Of
the Constitution. i mo1eaei upon, ,aad rsstraine4
IN its operations bEy, .hat irs:runeut; ycr it
WIS framed ~ tho men who mado the Con-
stitution, arl knew exactly what its provisions
meant. Tlis Ordnance way the work Of the
South. aud mas tho first and mos: imperative
and heneGccnt of I'LL Congressional prohibi-
lions Q! s'ayerr.s So the various acts for tho
government .: nawly-acqlired Louisiana and
subsequently Of. Florica-;n every one Of
these the limitations oc the Constitution in its
grants ofpowcr to Congress over the States,
we're notor;oasly disregarGed, and measure
afer 1ne:euEe passed bot4 Housesand received
the npprov2! Of the President and his Cabinet
--0o1gress and tie Cabinet being composed
Of the mer who assisted in framing tho Consti-
tuition and who could not be mistaken az to
Whist it was intended to co,er-iu which, II
TIC Constituted! accS il ,oyce III he Territories,
il w7as utterly deled.
One Of these acts for the government Of
Louisiaaa-a hill drawn by Mr. Madison, pre-.
scented hy Mr.. Breckenridge, approved by a
nearly unanimous vote oi both Houses aud
signed by Mr.. JetIerson,-put the President
in the place OF the King If Spain, as far as ths
Territory was concerned; u,ads linn an abso
.ute monarch within tie territorial jurisdiction
clothed Gov. Claiborne with tic duties ant
powers Of ill irres .'or=;b'c Spanish Governor
and made tie Judges t!.e administrators 0
The royal Spanish cl:c;s! Aud the reaso1
alleged for tllis extraordinary proceeding wa!
the fact tia. Congress governed tue Territories
new aud old, l,y virtuc Of its sovereignty. ant
without reference TO the Constitution. Whct
Florida was acquired, eixtecn years later
this legislation was repeated, and for the SAM
reason which was then, as before, sustained b,
The almost unanimous opinion Of the countr,,
and Of the government il Ill its branches
md so Of all subsequent acts, down to til
period which ne have mentioned-evcry on
or tne1l was violation of the Constitution
it extends to tho Territories for any purpos
OF IL any manner whatever. Where is Ii
authority in the fundamental law for tho at
QUESTIONS lhat have beon made from Spain AZ,
Mexico? Where the authority by which til
President appoints Governors, aud hy whic
he appoints and rtmo.es Judges at his p'el:
saro? Thero is hut one answer: 1u ii
sovereignty Of Cong,css-.l.s right Of govcr1
@ug ae:iuced from tho fact Of acquisition.
Until Slavery needed justification for extcs
hiou, this doctrine Of Mr.. Calhoun, by whic
the Territories arc mnde subject to tho Cons:
tu1lon, was never heard Of from statcsma.
That muduaan saw that the determination
Congress to pr0yide for circunscribing Shaver,
by acts Of restriction and limitation, could ue
f7c shaken. His ingenuity led him to the S.
:pTcme Court, where be found a more Pillar
body Of men; and there lis victory, by an in
Iror:1c:. amendment in the fundanent lay
1,y denial Of the binding force Of the prec
dents extending back over Il period Of scyeni
years, and BY o .ey:sai Of tue principles ups
which the government Lad been administers
since its organization, was obtained. II
shall see how much the triumph is WORTH
how that new-faugIed notion which slretch'
The Constitution over an ]rca To which il c.l
lIo. apply uut1l that area is populated aud .
3;aaized into States and admitted into Il
Uniou, becaslee it carries Slavery with it-r
slgu see how il will fare. The true and on
1heory is the Sovereignty Of Congress ov
and above the Constitution in oil Territosi
:sddirs. To that VIC mus. return.
CHICAGO IMPROVEMENTS
AND FUTURE.
In the history oferery city there are rcric1
when special .exertion, or tho want Of it, {
tls part of its citizens, controls its desin
That e1crtion, properly directed, n1ay give
commanding ina"eace, aud rapid aud gu
s.aat:al growth. Tho want Of proper etc
may leayc COMMERCE to sc.lz other chaune
und, therefore, to build up other and more e
1erprising cities Our elder citizens c
readily rocur to few periods Of united ext