Year: 1859

penceably enjoyed, and may be inherited by
II mans children. But for an actual and ex-
ising law to enforce the descent of property
when II man died, being no longer able to
hold his possessions. any man could seize
them that was able, his helpless children
would ave no better right to his estate than
their feeble muscles would give them.


We will take Territory of the United
States that is tabula rosa-it is without in
habitants and without laws, except the mill
tary occupation of the United States. Now,
one hundred men from the Northern States
go there, and say ten men from the South
They all take their peculiar kinds of prop
erty with them. They are then without any
laws of property. Might is right The mil
tary authority would have the right to pre-
serve the peace amongst them but it could
not try rights of property, nor enforce resti-
tuition. So the one hundred men deprive
the ten of their property. They set the
slaves free The slaves run off amongst the
Indians and are forever lost. For such q
case as this is there any remedy?


Some contend that the Constitution of the
United States is extended over the Terrific
ries. So is the canopy of Heaven; but will
either of them prevent the negroes from be-
ing set free. The Constitution of itsef does
not act-it is not Court, or Sheriff, or jury
or an executive. 1t is not a Governor, or
Judge, or State, or County. 1t is nothing
but articles of confederation between several
sovereign States and those articles do not
expressly provide for any civil jurisprudence
in the Territories. They provide for Con-
gress to legislate under special rules for the
interests of the confederation. Heretofore.
under the necessities of the case, and without
special want Congress has sent out to the
Territories new organic act creating Courts
for the Territories and authorizing the peo-
pie to assemble in Legislature and enact laws
of property and of general rights. In some
of the Territories, as Oregon, where Con-
gress failed to send along with the emigra-
ton an organic act, the settlers assembled
and enacted a provisional government for
the regulation of property and all other in
terests.


Then in the absence of laws creating it,
there is no civil jurisdiction in Territory.
Neither the Courts of the United States. in
ad adjoining State, nor the State Courts have
jurisdiction out upon a Territory. Neither
the Marshal, nor the Sheriff. can lawfully
serve a writ, because they have no authority
out of he State.


The conclusion therefore comes inevitably
that the one hundred and ten men who have
gone out upon the territorial domain, if they
wish to have any laws for the protection of
the property of the weaker against the ac-
quistive propensities or prejudices Of the
stronger, must agree to some basis of rights.
or in other words, create laws of property
To accord with our system of government
these rules must be created by the will Of
the majority. and this whether under pro-
vsiona government which ia probably the
o lv legitimate method, or under Congres
sion al organic act as at present. practic"d
Thus properly all property is held and en-
joyed y virtue If law and that created 10y
the will of IN jority of the people within
the Territorial boundary. Now suppose a
majority decide that they will not have negro
properly amongst them or hog property, or
wooden clock property, or spirtuous liquors
as IA beverage, or brothcls, or obscene publ
cations; or suppose on the contrary, a ma
iority should prefer all these Institutions
ought not the will of the majority to govern
Is it not the source and principle upon which
the association is founded What right would
Con ress or the people of the southern
States have to say to the Territory: You
sholl not prohibit the class of institutions
first mentioned; or the people of the North
ern states to oppose the latter class Tn,
people that settle a Territory have right to
make their laws and institutions to cores
pond with their moral growth. and law
founded upon principles in advance of their
moral and religious development would be
odious to them and Il nullity as to observance


There is one way that the people may
avoid this consequence By bill of rights.
OF ny coustsJutlOnal provision Jney may say.
that no kind of property shall be prohibited,
but shall only be subject to legislative con-
troll But in the case of the one hundred
and ten majority would not be apt to con
stituuonalize such provision. Then in that
case what would the ten men who brought
negroes to the Territory have to do with
them when legislation came to effect them
They would have to do precisely what the
ten men who brought hogs or those who
brought the publications would have to do
with their property, if it was ruled out
They would have to take their property to
some Territory or State where the majority
desired such property


And such is the position Of Popular Sow
ereignty upon this question. And this is it's
con struction Of the xpression-"Suhiect to
the Constitution of the United States'-that
the Constitution makes no laws and estab-
fishes no rights of property, hut leaves that
business for the legisa ture of the people, to
be created and enacted and controlled by each
association, whether State or Territorial ac-
cording to the will of the majority.


And this is the highest form in which as
soeiation and liberty can go together.


And this view Of the question Is from the


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