Year: 1859




startled by the enunciation of novel politi-
cal idea, mere abstraction impossible of
practical attainment; but which aims at the
establishment of policy of entire non
Intervention by the General Government
with the Legislative administration of the
Territories.


Up to the time of the passage of the
Kansas Nebraska Act, the Democratic party
had unanimously adhered to the same con
stitutional doctrine still advocated bv the
Democracy of Virginia: that the territories
are the common property of all the States,
and as such subject to the administration of
the General Government, the only common
agent of the States; but this general agent
has no power, whatever, to destroy or de-
preciate any right of person or of property
sanctioned by the laws of any of the States;
but, on the contrary, the General Govern.
ment is bound to protect fully and efficiently
every citizen in the enjoyment of those rights
in the territories, which he would be entitled
to enjoy in any State of the Union.


Congress cannot intervene to destroy right.
Congress must interpene to protect ,1qhts,
uhenerer an eristing deficiency of protection
renders such Intervention necessary Such has
been the doctrine upon which the greatest
statesmen of our country have relied, to
deny altogether the rightful power of Con
gress to intervene for the abolition of slavery
in any of the territories; at the same time
that they insisted it was the unavoidable
duty of Congress to provide protection in
all the territories for the right Of slave pro-
perty, in common with all other rights of
property.


This doctrine is not only true, but it is un
avoidable The Kansas Nebraska bill, which
is referred to by the advocates of non-inter-
venton as the exponent of their theory is
itself marked example of intervention.-
BY it, Congress fixes the boundaries of Ter
ritories, and asserts a future discretionary
power to divide each of the Territories into
several States or Territories. BY it, Con
gress reserves the entire administration of
the high donna n; refuses to permit any in
reference by the territorial authorities with
the Indian tribes or their lands. The entire
Executive government OF the Territories is
placed under the immediate direction of the
President The entire judiciary of each Ter
rtory is appointed by the President. and
controlled by the Supreme Court of the
United States.


Nor is the Legislative authority at all ex
empted from the Intervention Of the General
Government. The Governor of the Terrific
ry the appointee of the President, and re-
movable at willy is made ordinate
branch of the Legislature. He may use the
veto power any time, and when used, it is
under the instruction of the President


Tbo Of oonh Horr,tnrx &c
lodged with the Governor and Secretary,
both Federal appontees, and to be employed
by them subject only TO the instructions of
the United States Secretary Of the Treasury.
Congress provides the qualification of mem.
bers of the Legislative Assembly. Congress
provides even how many officers may be
elected by each House Of the Legislature
such as clerks, door keepers, &c. Congress
not only exempts United States property
from taxation and excludes all territorial in
reference with the primary disposal of the
soil, but undertakes, generally, to limit the
power of taxation, especially providing that
the property of non residents shall not be
taxed higher than that of residents. While
protesting non-intervention with regard to
slavery, Congress does intervene to repeal
pre- existing laws enacted for the protection
of slavery.


Moreover, by sweeping clause, Congress
restricts the whole power of the Territorial
Legislative Assembly to very narrow limits,
by providing that the Constitution and laws
of the United States shall prevail whenever
locally applicable The Territorial Legisla-
ture cannot, of course, repeal, suspend or
supersede any of these laws; the federal laws
include the powers Of apl ropriaton, the
whole executive power of the Territory, the
administration of civil and criminal Justice,
and may, at any time, be extended in their
operations in these as in new departments
and directions. Thus the legislative power
of the Territorial authorities is merely sup
Elementary, intended to apply only to cases
not reached by existing federal legislation,
and liable, at any time, to be Injected to
new limitations and restrictions.


Indeed, the whole territorial government
is, practically as well as theoretically, the
mere creature and delegate of the General
Government. For territorial government
to claim exemption from Congressional in
tervention, involves a pal able absurdity,
since it owes its very existence to the exer
else cf this same intervention. And Con-
gress must intervene to limit, restrict, dis
tribute and supervise the territorial govern
ment, whenever Congress intervenes to re-
cognise and establish it.


GooDs CoNTRABAND OF WAR.-A Wash
ington correspondent Of a New York paper
states that the letter Of Gen. Cass, setting
forth tho American doctrine in ralation To