The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1860-03-03

the power of legslating for the whole
State, as it then Stood, and was intended
to be exercised by them and their success
sors forever. For what end? For the
preservation and security of the whole
territory, and all it's inhabitants To sup
pose, then, that they could transfer any
part OF the States or its jurisdiction, is to
ADMIT their power to annihiate rights as
effectually secured to their successors, as
to themselves, and to destroy the whole
ends and objects of their own institution
tor, II they could dismember a part they
might have transferred the whole; and, as
to the question of power, they might as
well have surrendered it to the King OF
SPAN, who, at that time, was very anxious
to obtain part, as to the United States.
As well, it might be contended, that the
Legislature of State, the Constitution of
which establishes the boundaries thereof,
| could change the territorial limits, as to
maintain that the Legislature of Virginia
could have made this transfer of portion
Of her territory. What right, then. it may
be asked, had the Legislature of Virginia
to cede that portion of the territory which
is now included within the District of Co
lumbia? The question is easily answered.
Itfwas derived from the Constitution of
the Convention Of the State, and the ad-
nItted necessity of clear delegation Of
power to authorize that cession, is, of it
self good argument to show that nothing
less than such authority could authorize
ahy other As it is agreed on all sides
| that Virginia cannot now transfer to the
United States an acre of her territory, ex-
cept for certain purposes specified in the
Constitution, it is for those who contend
that the cessiOn under consideration was
a nullity, 10 show that her Legislature had
greater power to dismember the State than
atpresent
As to the right Of the United States to
hold, dispose of and govern the Territory
ard to enact the ordinance of lIS1, they
All depend upon the powers delegated 10y
the articles Of confederation and involve
the question whether that feeble confede-
ration, which was limited to powers ex-
pressly granted, among which these were
not included, could do more than the pre-
sent powerful national Union, with all its
train OF incidental powers. 1t Is admitted
that the CnIted States cannot now, even
with the consent of every State in the
Union, purchase, or hold one foot of land
within any State. except In the few cases
permitted by the Constitution; and this
merely because no such power has been
delegated 70 them; and that they could
neither dispose of any part of the public
domain, nor make any rules or regulations
concerning il, but for the powers that have
been specially delegated TO them for these
purposes How. then. could they do all
these things under the confederation
which granted no such powers and the -
cond article Of which prohibited them from
exercising any sDrerega,y, IA2srer, JVy'sd.ctso,s
or ri1ht, which was not therein expressly
delegated TO them? 1t would seem that
every candid mind must admit that the
exercise OF these powers by the toniedera-
ton was not only unauthorized, but ex-
pressly forbidden. IL follows then that
the United States acquired neither the
territory. nor the jurisdiction for II, BY the
session of Virginia TO whom. then. it
may be asked, did the right Of jurisdiction
belong? Like all countries abandoned by
their owners, it was subject only 10 the
laws of nature and OF nations, and belong
cd 10 the people that possessed II They
owed allegiance to no other State or nation
than Virginia and were entitled TO her
punkection; and as they conld not transfer
the right Of protection, SO neither could
she transfer the right OF allegiance
When, therefore, they were formally ahan-
Ibf4tfl ll4'- OIL -'fs lllAt ltAtt
any claim 70 their obedience. they were Of
course independent 1t was upon this We
~ principle that the Swiss declared their
independence. and maintained il, with ali
the rights Of domain and empire, against
the Emperor of Germany. The country of
Zug attacked by the Swiss i'll l3j2, sent
for succor TO the Duke Of Austria. it. >ove-
reign: bu, that prince being employed in
talking ot his birds when the deputies ap-
peared before him, would scarcely conde-
scend 10 hear them; upon which, this peo-
rle. thus abandoned. entered into the Hell
vetc confederacy, (Nattel ljjl and were
rigLt;uliy lost 10 their sovereign forever,
by his failure 10 afford them that support
which, from the reciprocal obligations OF
allegiance and protection, they We're eHti-
tied 10.
We'll, then, if neither Virginia nor the
United States had any right 10 govern the
people, and the ordinance of LIS. was void
as an act of-the congress OF confederation
have they gone all this time without any
government at ali? Certainly not. They
have been constantly governed and under
the ordinance. too: but, then ii derived its
force, not from the authority of the | nited
States, but the consent of the people them
selves Being tree to choose what govern
ment they pleased. they Eau as much
right to submit to this as to any other
Their own consent was all that was want
ing, and this was equally valid whether
gwen tacitly or expressly. But however
gwen, it could impart no power, right or
jurisdiction to the United States, which
had not 6ec,, de!egated 10y the articles of
confederation Consent cannot give juris
dction to a court, and still less to go
yernmcnt prohibited from exercising auy
power, jurisdiction, or right, which had
not been expressly delegated to it.