Year: 1859

Popular Sovereignty.
We commend the following remarks on this sub
ject, from the Washington Unioaa to the attention
of our readers:
GAS so much has been written and published |
within the last three years this subject feel
inclined to offer for consideration our own views on
this Texed question. 1t an axiom which underlies |
one and all institutions, that all power is inhe
rent in, and deri?ed from, the people This is the
great cornerstone which lies at the foundation of
our democratic institutions, and We shall take no
pains trouble at this day to illustrate this great
truth. When it is applied to the citizens of State,
it is well understood and no ground is left for dis
putation; when applied to the inhabitants of Ter
rtory, it becomes necessary to explain the meaning
OF this common expression. No one contends there !
is any such thing sovereignty in the people Of
Territory. They form communities with only SO !
much power as Congress may elect to confer upon |
them i'll their organized capacity. The distinction
between State and Territory is palpable to the
comnonest understanding. The one is a sovereign,
retaining and exercising all the powers which have
not been granted to general government; the 9TH
er has TO other political power than that with which
Congress may have clothed it. And Congress not
possessing sovereignty Territory, cannot con-
fer the powers Of sovereignty on territorial organ
izat:cn. There is, in fact no such word as soyer
eignty as applicable to Territories. Their sover
eighty abides with and remains in the States or the
people Of the States, until such time Congress-
III the exercise of its powers trustee of the latter
| shall sanction the organization of State Govern
| ment. Then and not until then, does sovereignty
accrue to people inhabiting Territory belonging
| to the United States.


Our theory and system rest upon the assumption
! that man is capable of selfgovernment Hence, in
the organization of territories Congress declines to
prescribe rules for the alienation OF property for the
uation of the relations of husbandand wife, parent
and child, master and servant for the punishment of
| crime, or for the preservation of good order. In
Difference to the capacity Of our people for sefgov
eIrnent, Legislative body Of their own selection
| is provided for, and It's power extended to every
righfu subject of legislation, limited only by the
| provisions Of the Constitution thus Congress
creates a government or corporation, with ample
powers government for the inhabitants. Nodif


culty would arise in the progress Of their territorial
organizations thus established but for question.
Nearly half Of the States species Of property
unknown and unrecognzed in the other half Yet
the Constitution of the United States rot only
cognses this property in the States where exists,
but requires its recognition in ali of the States.-


How to treat this property in the territories has been
the disturbing clement in the political discussions
in this country for years. The territory the
mon property Of all 1t was acquired, and has been
defended and maintained by money taken from a
common treasury and by the vaor and sacrifices of
the people alike Of the North and the South


The Supreme Court has but recently decided that
the citizens OF all the States have the equal right to
ei,igrate to and remain in any Territory with what
ever is held as property under the laws Of any one
OF the States.


! The democratic party, iE its conventional plat
fcrns has avowed the doctrine of non-interference
by Congress with the institution of slavery either
in the States, Territories, in the District of Co.
lunbia. Prior to the decision of the Supreme Court
in the of Dred Scott the trucst democrats diff
fered to the extent of the power of the territorial
legislature the subject Of slavery in such terri
tory. There is no difference of opinion now. The
territorial legislature is by the very act of its
tion restricted by the provisions of the Constitution.
Now, the constitution. according to the decision of
the highest tribunal known to this government Sc
cures to every citizen the right Of taking and hold
ing his slave in any one Of the territories of the
United States This is the bond, and by it we be-
lieve the people of the northern States willing
to abide Honor, truth, plishted faith, and every
other sacred principle known and appreciated by in
divduals and communities demand it.


What is the inevitable deduction which flows
from this plain statement of facts? The curse Of
slavery if it he curse-the blessing Of slavery, il
it be good bIessing-;nust be alike endured or
enjoyed by the people Of territory during the ex.
isence OF the territorial corporation organization
The time for the final determination Of this question
is, when the people meet in convention, to form a
State Constitution, preparatory to admission into
this confedelacy of States


But it is indicated in quarters that although
slavery in the territories cannot be abolished by
the legislature for the want of legal power yet by
the passage of oppressive tax laws, by refusing to
pass proper and necessary police regulations, and
laws TO punish trcSpasscs on this property the con-
sttutional right to hold slaves there would be worth
iess-it would he perfect mockery. 10 yield as
sent to that idea would not ciiy be impeachment
IL T.


dietary, to whose guardianship the constitutional
rights are confdcd, but to assume that majority
of such legislature would be found capable OF acts
so despicable and degrading We can do nsther.
! To suppose any number of American citizens Can
be found in legislative assembly, representing such
constituents, who would adopt such mean and con-
temptibe plans to deprive one of its members Of
constitutional right, is fragrant and crying SANDER
upon such communities An individual may be SC
deprayed and somuch under the influence of evil
passions, as to steal another mans goods or even
take another mans life; but there is too much vlr
tue, the sense of justice is too strong in the Amer
can heart, to suppose community deliberately tc
pcrpe.late such palpabe and fragrant outrages Al
all events, the democracy of this country planting
themselves upon the intelligence and virtue of the
people, and relying upon the justice of communities
composed of American citizens, are still willing tt
adhere the principle by Congress
with slavery in State Territory, and the District 9
Columbia, and trust the people of the territory tt
protect every species of property which may b'
found within its borders under the guardianship o
the Federal Constitution"


Three days later from Europe !-4r7iral Of til
City Of Washiagton


New Yogk, April 25.-The City Of Washington
from Liverpool on the 18th, arrived to-day.


The Asia and the Borussia had arrived out.
? The Prince Albert had put back to Galway in
Q leaky condition.
: War rumors had been very alarming, but th
S lates accounts were more pacific.


France and Austria continue their aTmaments.