The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-03-07

l.
herenl powers are not sovereign powers but
arise iroin necessity and are restricted 10 that
necessity.
Neither are Territories sovereign. because
sovereignty can only exist in the States and in
the people. And until the people ola Terrific
~ exercise the rights ofsoyereignty, in the only
way possible, that Of co-equal State, the SOW
ereignty IS quesceRT, inactive and powerless.
he Bill boiore me, therefore, loses its on
erat,ye force, e,beeatHe it emanates from body
that has not the essentials necessary 10 carry
itinto effect MYspproyal would not add, ONE
leather to IT'S weight, FOR am as deficient IL
sovereignty either in my person OF in nv re-
preventative capacity, as yourselves. And not
willing 70 place myself before the world with
assumed 'alse powers ieel grateful for the op-
Fortun'ty given me to place my opinions upon
paper, against my approval ofthis Bill.
twas the dispute about whether the Gener,
ar government possessed the attributes Of Sow
~eree'gnty, that led to the original division of
me people INTO the Democratic and Federal
parties. The Federal party saw Mainly that
they stood in need of something more than the
letter ofthe Constitution to spStan their mon.
aTchlal advances, and hence they sought very
naturally, sovereignty in the government, that
they were welding themselves, instead of in
the states and the people thereof They well
knew II they could locate sovereignty in the
government, their political fortunes were made.
ana by us exercise they could push their dan
gerous theories to an unlimited extent. The
British Constitution, il such it can be called.
was tneiF model; and they had the same con-
temptious ceiling for pure, simple and Impair
tai Democratic construction of our system of
government them as their successors exhibit to.
day, Guided by no rule but that of seeking AZ
ter power, 1t was not unusual then as now, for
them 10 fly from the extreme doctrines of a
consolidated government to the anarchists.
While gathering head on their strong govern
ment doctrines they lose strength; but in rush
ing back into wild and impracticabe theories,
they, carry OIL many Democrats into their ranks,
VINO ior the time being persuade themselves
s,las Their olo political enemies have come to
thelh, ana their friends have deserted them.
railing to succeed in establ shing sovereign
W IN Congress, they rush upon the still more
e4faVagaht ldea OF exercising it in the Legisla-
lures Of the Territories have exercised it them
serves Always on extremes, never right, new
party designations are continually sought, the
better to hide the confusion ofsentiment. New
leaders are put up and the latest arrival from
the democratic party into their Heterogeneous
household, is considered the lost sheep over
'Rhleh TO hold their pious orgies, and put at the
head of their political church.
sovereignty, then, being neither in Congress.
tWhere IL was never put nor intended to be nor
lA the Legislature OF Territory, where it has
never been exercised by the constituents. is the
reason why owners of slaves as we'll as owners
eIeYerything else, can 20 into Territories, and
remain, or 60 out again without losing their
right OF ownership, as they would do by going
lntoa State where sovereignty had been eser,
cIscd, and any particular species OF property or
ownership had been prohibited.
man crossing State line into a Territory
does not lose his sovereignty, unless he loses
As senses first He is Just as much severe
ign Afterwards as before but as he has not ex-
efciscd nor imprinted it upon the organization
OF ms new home, II is in reserve to be used in
he mode prescribed by the Constitution Of the
Union. and the laws passed in accordance with
that Constitution. II the people OF Terrific
yry possessed sovereignty outside of the Consti
tuition OF the Union, then Territories would in
deed 6e as foreign powers to the States, could
eater into alliances with other foreign powers
and establish independent governments foi
themselves, which could only be reganed by
conquest.
g courts ofjustice do not sit to adiudcate SOW
erelgnty, but to protect it from encroachmen
by Legislative bodies, who not unfrequently at
tempt to Seize upon it by enacting laws thai
sovereignty had reserved to itself in writer
Constitutions. Courts pronounce such enact
ments Unconstitutional" and void for wan
ofpower in the Legislative Department. Hence
the declaration in the organic act Subject tc
the Constitution ofthe United States" This
declaration clearly defines that Congress con-
tempIated no authoritative grant to the Legis-
lature, not subject to the Constitution of the
United States. Congress may direct regulate
or define the powers ofthe Constitution of the
United States, tc as to make them operative on
anew Territory, but they can add nothing to-
nor take anything from those powers. Hence
Congress has in various ways established gov
ernments tor Territories, by extending Exccu.
tive, Legislative or judicial authority over them
to subserve the purposes Of civil society, and O
government, antecedent to the exercise of SOW
ereign,y, in due form, by the inhabitants there
OF. There is no doubt that Congress has tht
right to judge of the form and manner Of tht
exercise OF such government, which NAV diffe
in many essentials, as We have seen in the pas
history OF the country and may see in the fu
ture, if our acquisitions continue, but in all AM
every instance subject to the Constitution Of til
United States
There is misapprehension Of terms, in say
ing that the Constitution Of the United State
carries slavery into Territories or any kind {
property. The Constitution only protects pro
perty when carried there and all contracts, oh
legations and agreements between man and mar
II is not a respector of persons or property
but operates with equal force upon all, and j
the absence of the exercise of sovereignty j
such Territory, it is authoritative in the proteC
ton ofall. A Constitution is protective, not ere
atiye. Territorial Legislature might refus
to pass laws to punish horse thieves, yet IN
horse is as much mine as before, and would sti
be mine stolen, and | would have right t
sell him, if could get purchaser.
The Constitution of the United States eX
tends over all the persons and property Of tn
country and far out into the sea. 1t knows n
distinctions and cannot know any. Sorghum
quite new thing in Kansas. and unknown t
the country when the Constitution was adopted
is as much property as Indian corn. 1t is mos
renarkble that it never suggested itself to an
one to pas local law declaring Sorghum pre-
perty, and securing it to The possession of tn
holder, SO az TO make it theft to steal it.
The whole question is simply this: In tn
States the people have exercised the sovereign
ty that is in then add expressed it in Consti
tutioa. The States and the people ofthe State:
in their separate and distinct organizations ere
ated geaeral government, to which they i'm
parted very extensive powers as a protectio
tor the whole. giving strength in time of wa
and simplicity ard economy in time Of peace
while Territories, neither being governed by
sovereign, nor having exercised the sovereignt
which is in them, are very much like boy be
tween eighteen and twenty one years Of agt
lie is mustered into The militia on the one han
likea man, and yet is under the control Of
nora nj IN tha ntber H;a TINA s emDlovpd j