Delaware inquirer. (Wilmington, Del.) 1859-18??, 1860-04-07
II the United States or Of any par.

mark, that il is one thing TO make rules AM
regulations respecting the territory and prop
er'y belonging to the United States, and an
other thing 10 legislate for and dictate Il
the people living on those lands rs sover
eigns in territorial capacity. The abov'
clause refers to property and to claiRlsi and thu
people of the territories are neither the one MOI
the other, but form part of the government Of
proprietorship for every citizen OF the Cnitet
States is part owner in its public domains, has
voice legally and constitutionally in its dis
position. has a right, so far as his vote extends
to influence all public measures and no man
nor body of men has right, constitutionally
to govern him or dictate TO him without his
consent. If the aforementioned clause had
read Congress shall have power to make laws
for the government of tho people OF the terri
tories of the United States; then, indeed, how
ever unjust, unequal, and anti-popular sover-
eign the clause might he, yet we ought not to
complain as being n party to the grand com
pact, and as such we ought to submit on hnd-
ing ourselves DISTINGUISHED in new territory,
aud abide bad law until We could legally
change it, But the aforementioned article does
dot touch upon this it relates only 10 terrific
rial property and claims.
We will now examine another clause in Art.
|, Sec. 8. After speaking of the powers OF
Congress on various subjects, we have the fol-
lowing: To exercise exclusive legislation in all
cases whatever, over such district, (not exceed
ing ten miles square) as may, by cession OF
particular States and the acceptance OF Con-
gress become the seat of the government of the
United States; and to exercise like authority
over all places purchased by the consent OF the
legislature OF the State inlwhich the same snail
be for the erection of forts, magazines, arse
nails, dock-yards. and other needful buildings
...l. ttnll I'm crOr
and proper for carrying into execution the fore
going powers, and all other POWERS vested by
this Constitution in the government of the Uni
ted States, or in any department, or officer
thereof Here, then, is a governmental au-
thority specifically pointed out, and the Con-
gress is endowed with all power necessary to
govern. How different the powers granted here,
to those contained in the aforementioned article.
There 1t refers to territorial lands and claims;
here to laws, rule and government. But, how
far does this power extend? to all the terrific
ries of the United States2 No. But to eXer-
else exclusive legislation in all cases whatso-
ever over such district mot exceeding ten
miles square) This then is the bounds of their
exclusive legislative authority without the con-
sent of the people, with the exception OF foFs,
arsenals, dock-yards, and public buildings OF
the United States purchased from the States as
United States property in the District OF Co
lumbia. Congress legislates for the people,
the same as State legislatures legislate for their
several States; and they are the only people,
with the exception of the officers of the United
States that are or can be constitutionally gov
erned by Congress. AS wewish strictly 10 an
aly2e this matter, and to bring out everything
that can in the least refer thereto, We will next
examine clause on the judiciary: Art 3, Sec. z.
THE trial of crimes, except by Impeachment,
4 as.1u atrIt
in the State where the said crimes shall have
been committed but when not committed
within any State, the trial shall be Mt slch
place or places as the Congress may by law
have directed The above does and only can
refer to unorganized Indian territory, where
there is no local legislature or government;
and hence, il citizens of the United States go
into unorganized territory, and there commit
over facts, they shall be judged for those acts
in place appointed by Congress for that pur-
pose. This could not apply to organized terri
tories, for there they have their legislatures,
their officers, COURTS prisons, &c.
In the last article quoted, we have exhibited
the utmost extent of power given to Congress
in relation to territories as the the government
of the people, without their consent and au-
thority. except in the District of Columbia, and
that is simply none at ALL Congress, in real
ity, have no right to dictate to the people of
the territories, and any such interference is an
assumption of power which is unconstitutional
ard not possessed by them. The rights OF the
people are most sacredly guarded by the Con-
stitntion. That instrument does indeed guar
antee strictly republican form OF govern
ment, sovereignty, both in law and in fact !
and for fear of a misunderstanding on those
points, in article 9th of the amendments to the
Constitution, we have the following: The
10, nj
rights shall not be construed to deny or dis
parage others returned by the people. And
again in article 10th The powers not delegat-
ed TO the United States by the Constitution,
nor prohibited by il to the States, are reserved
to the States respectively, or to the people
Can ANYTHING be palmer than the above, as
to the rights of the people as sovereisnsY
What they have not given to Congress they re-
tain, as they never gave Congress power to
rule them without their consent
When Congress exercises power OF that
nature, it is merely an assumption that they
have no right to exact ii. Furthermore, Congress
is as much bound by the articles of the Com
stitution as individuals are, and they are bound
by oath or affirmation to support the Consti-
tuition. See article 9Th. 1t may be asked here,
do not the people of the territory govern them
selves? We again answer, no. Do the people
elect them2 No, the people are not consulted
in the matter; they are appointed by the Presi-
dent of the United States, with the consent
and ratification Of the United States Senate.
Who appoint their Judges? Have the pco-
ple any voice? No. They are appointed by
the same power, as are also the Prosecuting
Attorney and Secretary of the Territory. and
the Marshall. But it may be said, the people
elect their own legislators and make their own
laws that is fact, but it is also fact, that
Congress, without any constitutional authority
can unmake those laws at will. And the ter
ritories Of the United States are at this day as
much under the direction of the President and
Congress, as any of the British Colonies arc
under the direction of the British Government
by its representation in Downing Street. Iney
| have indeed shadow of the popular rule; Du'
even that shadow is dissipated ny the power
which Congress arrogates to itself TO amend
any or all OF these enactments. In fact, the
territories may be said to be in u state of vas
selaee or tuteiage, coerced to act under the di'
rection, and to be controlled by these self-con'
| stituted masters. 1t may be said that ih'
| Constitution empowers the President OF The
limited States TO make these appointments
LET us examine article I'd, sec. 2. H.: t''n'
have mower by and with the advice and r''hsrn
of the Senate to make treaties, providing two
| thirds of the Senators present concur; ana III
| shall nominate, and by and with the advice
and consent OF the Senate, appoint Ambas
sadors and other public Ministers and Con
suls. Judges OF the Supreme Court, and al
all other officers of the United States, who's
| amendments are not herein otherwise provided
far. and which shall be established by law
hut the Congress may by law vest the appoint
ment of such inferior officers as they thinl
proper in the President alone. In the court
q Il IA Ia