The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1875-07-24
JULY a, 1875.
rne Ponnoai statu. Of The rerritorle.


A writer in the Salt Lake Herald
says in relation to the above
This subject appears to agitate the
public, and il might be well that the
people residing therein should be in
formed as to their rights. / hold that
there Is no sovereignty In the people
of or the governmental the territories.
The idea Of sovereignty is one hat
acknowledges no superior, or is re-
sponsible to any other power. This
cannot be said Of the people or the
government OF The territories, for in
the first place, congress passes the
sris organizing the territories without
ihe consent legally expressed of the
people they are bound by 1t whether
they consent or not, and again, our
idea of sovereignty Is perpetual-to
last for ever; and Utah was never
created other than a Temporary gov
eminent" (Sec. / organic act but II
Is useless TO argue this, a legal and
Z constitutional question, when the
same is settled by the highest author
ity Ia the land, the supreme court of
the United States, and by the most
dis inguished lawyer and judge in
America.
q. j. Marshall, in American Insur-
ance company VS.. Carter "a Curtis,
ss5,l holds this language: 'Perhaps
the power of governing a territory
belonging to the United States, which
has not by becoming n State acquired
the mean of self-governmept, may
result necessarily from the facts hat
1t is not within the Jurisdiction of any
particular State, and is within the
power and jurisdiction of the United
States. The right TO gOUerH may be
the irresistible consequence of the
right to acquire territory. Whichever
may be the source whence the power
Is derived, the possession of IL is I'M
questioned" an iegiSiGtiilg for them
(the t%erritories) congress exercises the
combined poWers Of he general and Of
q STATE goreJnDleRt."
In the late case (iS73) of Snow vs..
u. s., rs Wallace, 3l7,) the supreme
court unanimously held this language:
''The government of the territories
ofthe United States belongs primarily
10 congress-" etc. During the term
of their pupilage as territories they
are mere dependencies of the United
States. The people do not constitute
a sovereign power. All political au-
thority exercised therein is derived
from tho general government. The
extent of the power thus granted de-
ponds entirely upon the organic act
of congress in each case, and is at all
times subject to such alterations as
congress may see I'll TO adopt. Strictly
speaking there is nc sovereignty in u
territory of the United States but that
Df thn TTnifaH Sfafaa ifGnIfD
If congress can take a part of the
territory of Utah nevada, and make
a state of il, why not the whole and
abolish Utah? II congress can pass
the Poland bill, why not legislate on
all other subjects? If any legislation
by congress is lawful, the whole code
of laws may be passed by tho same
authority.
1t is q well known axiom in law
that the grantee takes nothing more
than the grantor is able to convey.
The principal, the United States, in
this case cannot confer on the agent
any other power than it possesses, or
might exercise ITSELF Whatever
power the legislature may possess is
derived from congress, and can be ex-
ercised by congress as principal,
whenever it is deemed expedient.
This may not be the popular doc
trine, such as we should prefer or such
as will feed our vanity or support the
old saw of "every man his WI SOW
ereign J" but if it is the well settled
legal doctrine the sooner we recognize
the fact and betake ourselves to prac-
teal issues the sooner we may become
what we are not"
SOVEREIGN.