Dakota City herald. [volume] (Dakota City, Neb.) 1857-1860, 1860-02-04

der the thifd article lnhYidual rights OF per-
son, property, and religion are guaran
tcsd, and may not be swept away by legbls-
ton
Itls also said that ''tha stipulation vss
temporary, aud ceased ~ have any effect
vhsn the then Iuhsbitants Of tAo Territory Of
Louisa6s In whore behalf the stipulation was
made. Nsre Incorporated into the Upion"--
In other words, that the N.ate Of I.ouisiana,
on her admission into the UnSon, swallowed up
all guaranteed by the treaty 70 the rest Of
the territory, including or sourse, Arkansas,
Missouri, Iowa aud Minnesota, while in a
Territorial condition, aud Eebraska nsw -
This startling declaration Is made on lhs.
strength Of Chief Jastioe Marshslls opiniec
IN Peters 22s, to which Mr.. Justice Curtis
refers as follows ''in the case of New Orleans
rs De Armas zeal, % Peters 22S) the question
was, whether a title to property which existed
at the date Of the treaty, continued to be pro-
teoted by the treaty after the State Of ouis-
lima was admitted into the Union. The
third article Of the treaty was rsli cd on
Mr. Chief Justice Msrshall said: This article
obviously contsmplatss two objects. 0ne
that Louisiana shall be admitted into the
Union as soon as possible, on an equal footing
with the other States; and the other, that
till such admission. the inhabitants Of the
ceded Territory, shall be protected Ia the
free enjoyment OF their liberty, property, and
religion. Had any one Of these rights been
violated while these stiEplations continued In
Z rec the individual suppcsing bimsslf to be
injured. might have broaght his eAse iatO
this court, the 25th section Of tho Judicial act.
But this stipulation ceased to operate when
Louisiana became a member Of the Union,
and its inhabitants were admitted to the
enjoyment Of all the rights, advantages
and immunities Of the citizens Of the United
States"
And yet, what does this opinion amount
to, except, as so far as the State Of Louisiana
itself was concerned, tie stipulation ceased to
operate, because the state had passed beyond
''the mean time" mentioned in the third srt-
Gle Of the treaty; and its inhabitants were aS-
mitted to the "eijoyment Of all the righta, ad-
vantages and immuuities Of the citizens Of the
Unit ed States" 1
1t is then fair and irresistible conclusion,
that the third article of the treaty did IL
olude the whole Of tho Louisiana purchases
and it is an undeniable truth, that the citizens
of the several States might go into any Of
the Territories carved out OF the acquisition,
aud carry With them their property. "Ths
whole territory" says the supreRe Court Of
the United States "Was sequired by the gen
srsl GovernmenL as the representative sni.
trustee of the people of the uuit'd States snd
it must therefore be held in that chsJseteV,
for their common and equal benest; for II wss
the people of the several States, scuug
through thsir ogeHt and representative, the
Federal Government, who, in fact, acquir cd
the territory in question, and the Government
holds it for their common use, until it shall
be associated With the other, States, a.
a member Of the E.nion." And this Is in
perfect harmony with our whole system.
The Federal Government Is a government
Of States, and not of individuals or Of masses
People make up tho States and States make
the Confederecy. Though the general Gov
ernment acts on individuals, within aud with
cut the States, it is only in the exercise Of
powers, delegated by the States and conferred,
in the Constitution.
In the Grst American Congress Of 1874, !
colonies came together, through ihsir repre-
ssntatiyes, and by union of colonies, the
wrongs of Massachu setts Bay, we're made TIE
wrongs of Pennsylvania and Virginia The
revolution was not social revolution--it !
was political II was a revolution Of colonies
by name. The Congress ot 1873 vas g Coz
gress Of colonies, and the Declaration was /
alive with he one great truth, "that these |
United Colonies are, and OF right ought to !
be, free and independent States" They made |
good their Declaration, End became not 6Diy
free, but sovereign-eaeh one sovereign and
within itseli The articles Of
were eutered into by States
the Constitution was formed by convention
Of States each State adopting the Constitution
for itsen, thus making Is, as far as applicable
"a law Unto itself" 90
All territory is acquired TO become
State; but it is likewise acquired FOR the
ommon benedt Of the existing States 10 is
heirs, and the Federal Goyernzent holds II
As their trustee. Consequently, every citizen
Of every State hiss share IN II. II is his in
the fret instance, beehuse he is citizen c.
,omo one Of tn United States, and be has q
light to enter into the territory, clothed wih
iis rights as citizen of the State. Hetskes
3is property with bin, from bis own State
md II he may not 20 30 then the territory II
lot acquired for the oOmEea aud equal bene
i ofthe several States. Does the Coustitu.
ion OF the United States then carry slavery
nlo the Territoriss' No but under the
Con utution. ana by virtue Of Is, The Psdsr