The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-02

The first ten amendments to the con-
government, not upon the states.
And these limitations upon the power
highest judicial tribunal in our land, the
opponents OF the empire insist shall be
THE DECLARATION OF INDIE
PENDENCE.
The administration admits that while it
is not compelled to recognize the prin-
ciples Of constitutional government and
government of the islands, yet 1t may do
so and devotes four pages to establishing
the proposition that by giving the inhabi-
tants of the islands permission to retain
their allegiance to Spain. leave the ISL
ration are complied with. (AIagoon. pp.
| g. 7ol; As the Car of Russia recognizes
that fashion. it is difficult 10 see what Pc
culiar virtue there is in the position of
Senator Ross, of Vermont speaking for
| his party on the 23d OF January last,
"CONsENT OF THE INHABITANTS OF
TEE ISLANDS NOT REQUIRED.
as applicable to the government of these
islands, the Inhabitants will be blessed.
whether they consent thereto in advance
or not. In representative government
the right to govern is not derived from
the consent of the governed until they
arrive at stage of advancement which
viii render them capable Of giving an in
habitants of this country have given no
consent except representatively. The con-
sent of women. as rule. and of minors
is never required. nor allowed to be taken.
Wives and children are assumed to be
represented by husbands and fathers.
Boys are to be educated. trained and
r1pened into manhood before they are
capable of giving consent"
Senator Petit, of Indiana, discussing the
Kansas-Nebraska bill, February 20,
1854, more vigorously asserting the same
1T is alleged that all men are created
equal, and the Declaration of Independ-
ence is referred to. to sustain that posi-
ion- However unpopular or displeasing
it may be to the mass Of my fellow citi-
L constrained
in fact: it is not true in law: it is not
true physically, mentally or morally that
all men are created equal Will not play
babies. I will not say that men are not
created But sir, is It fact2 II Mr.:
Independence, that all men constituting
| portions of the body polite ought to be
| equal, ought to have equal political rights
there would have been something like pro-
priety and wisdom in it. But however
me to venture to contradict or dispute
the language of the Declaration of indie
Pendence l proceed TO do 1t fearlessly:
Mr.. Jefferson ever intended to give the
meaning an or toree Whlch Is attempted now
said: We hold these truths to be self
I hold it to be a seIf-evfdent lie. There
| And the Democrats failed to return
Abiding to the foregoing speech Of
tober 7, 1858. at Gaiesburg, III, said:
The Judge (Senator Dougias) has al
luded to the Declaration of Independence,
and insisted that negroes are not included
| in that declaration; and that it is a SLAM
der upon the trainers of that instrument,
| to suppose that negroes were meant
| therein; and asks you: Is it possible to
believe that Mr.. Jefferson, who formed
| the immortal paper, could have supposed
| himself applying the language of that in
strgment to the negro race and yet held
| he not at have freed themg / have
| only to remark upon this part of the
| speech /
records of the world, from the date of the
| Declaration of Independence up to within
three years ago. may be searched in vain
| for one single affirmation. from any one
man, that the negro was not included in
| the Declaration; 1 think I may defy
Judge Douglas to show that he ever said
so, that any president said so, that
| Der of congress ever said so, or that any
living man upon all the earth ever said
| so, until the necessities of the present pol
| icy of the Democratic party. in regard to
slavery had to invent the affirmation
! said: Can not defy the administration
ser a ttemntad II MOI only 5isrepar I'd fhes
| the Constitution? That washington ever
attempted to do so, that any president
ever attempted to do So until the neces-
sites OF the t; present policy OF the present
programme, compelled it to espouse this
Emphasizing this idea, the second plank
in the Republican platform of 1850 was
made to read:
THAT the maintenance of the prfn-
ciples promulgated in the Declaration Of
Independence and embodied in the Fed
era1 Constitution, is essential to the pres
ervation of our republican institutions
that the Federal Constitution. the rights
of the states, and the union Of the states.
must and shall be preserved; and that we
reassert these truths to be self-evident
that all men are created equal; that they
are endowed by their Creator with GER
tain inalienable rights; that among. these
ness; that to secure these rights. govern
ments are instituted among men. deriving
their oI JUS powers from the consent OF the
1t will be observed that this plank links
ton together. They stand together every
where. But we are told that the party
denied that the Constitution. of its own
force, extended to the territories. Let US
dogma that the Constitution. of its own
force, carries slavery into any or all the
dangerous political heresy at variance
with the explicit. provisions of that in
positions. and with legislative and judi
cial precedent. is revolutionary in its ten
dency, and subversive Of the peace and
harmony of the country"
Nowhere does this plank or this plat
to the territories by its own force. but it
does say that it does not carry slavery
there That this is true is shown by the
next plank. 1t reads:
THAT the normal condition of the ter
freedom: that as our republican fathers,
when they had abolished slavery in all
our IaIOndl NeFfllOTy. OIudlHeu llldN III
person should be deprived of life. liberty
or property, without due process OF lazy,
it becomes our duty. by legislation, when
ever such Hesitation is necessary 20
ton against all attempts t violate it;
and deny the authority of congress,
of a territorial legislature, or of any indi-
viduals, to give legal existence to slavery
in any territory of the United States.
Now, II congress had no power in 1860
to establish slavery in the territories, it
did not have unlimited power over them
But the power of congress ovef the terri
TOTES must be limited by the constitution
If limited at all. Hence, the Constitution,
as the supreme law of all the land was
| expressly recognized by the Republican
party in 1860. and Abraham Lincoln sub
scribed to that platform. Wig is ii not a
good platform now 50 far as Il applies