The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1870-09-24

AS such it must be the owner Of all the
public domain within its limits. But
there was within the boundaries estab-
lished by the treaty Of peace, large
track of territory north OF the Ohio
river, none embraced in the States of
Ohio, Ind, I'LL, Mich, and Wis, which
were not embraced within the limits OF
any state, although it had been claimed
ny several During the revolutionary
war the Congress of the Confederation
he'd appealed to the states to surrender
their claims TO the Congress, promising
to dispose of this territory for the com
mon benefit, and to pay The general
debt, and the States had complied with
this request. The Congress of the
Confede alton was merely the agent Of
the States in disposing Of this property,
but could not be said to be the owner
oft
When the Convention Of 1857 met
for the purpose Of revising the " Articles
of Confederation" the first great dlth-
Guilty that presented itself was that OF
inequality of population IN the States.
I Ii was evident that it was not just to
expect State with 4 population OF
500, 900 to be equal in every respect,
but especially IN the ownership OF the
public domain Of another State with a
population Of 100000. We must
recolect that although the small
States had claim to equality with the
larger States in the ownership of the
public property, and in the common
councils, when they were raising troops
70 acquire their independence, they
then did not claim equality. The
troops were apportioned amongst the
several States according to the number
OF Dhite inhabitants IN each State.
The Convention therefore took
common sense view of the matter, and
decided To consider the people Of all
the States, as individuals, the owners of
the public property Of the nation. In
the preamble to the Constitution, they
therefore spoke in tile name Of the
people Of the United States, not as a
collective body, but as individuals
The people Of the United States must
therefore be considered as the makers
, Of the Constitution, and the owners of
all the public property of the nation,
; each individual being partial owner
Of the same. The people as individuaB
! are the makers Of the Constitution Of
! the United States.
I The States are the inlorsers, and the
) government Of the United States
I which came into existence by virtue of
I the compact is the agent Of the people,
: and has no constitutional or lawful
! authority except such as has been
. granted 70 it by its creators, the
people.
In the ~ article of the Constitution,
section 3, the Congress has been given
the power " to dispose Of and make all
needtul rules and regulations respecting
= the territory or other properly be-
longing to the United States" Now
: | deny that this clause makes the Con
{ gress the owner Of the soil, or confers
o upon 1t the right to grant the peoples
/ land to any private corporation what
] soeyer. If the Congress has the Con
sututiOnal power to grant a single acre
OF land, then il has the right to grant
g the whole public domain to its indi-
n vidual members and their friends, and
4 this is precisely what they have been
doing, and what they intend to do if
!, the people permits them. If Congress
T" has the right to grant the land, then it
C must be the owner OF ii, for no person
l. can grant what he does not own.
!. The government Of the United States
; was created for the purpose of trans
acting the general business Of the
II people. 1t is carried on by the paid
e agents Of the people Ii derives ita
It power and rights from the people. II
Ia has no inherent or sovereign power. Ii
possesses, only d@agated power, and a
: delegate power can not be a sovereign
e power Sovereignty does not reside IN
e either our state national govern
Z ments, but in the people as individual.
u from whom all political power il
derived
! 1t behooves the American people II
i stand up for their rights as citizens, and
Y a. treemen. The people Of Southern
g Kansas are deserving of great praise
= for the manner in which they are meet
: ing the land question. They are unit
, ing by counties for the purpose Of
3 cOntesting before the courts Of their
2 country the claim Of their would be
l. teudat lords and masters. The course OF
/ the settlers on the neutral land has
y already attracted the attention Of the
y people Of the United States, and caused
I the members Of Congress To pause in
e their rapaciOus career. The people
7. have faith yet in the judicial branch Of
y their government. May it stand true
I to its duty. JAMES MARTYR