Year: 1859

for man of honor but to do the one or the
other Judge Black has done neither
Nor is bis conduct less exceptionable in re-
spect to his allegation that advocate the
con6scation of private property by the ter
ritorial legislature, or that have alternately
affirmed and denied that the Territories are
sovereign political communities or States,
or that the Jefersonian plan of government
for the Territories, which I alleged to have
been adopted, was in fact rejected by Con-
gress," or that was attempting to establish
new school of politics by forcing new arti-
cles into the creed, and new tests of Demo.
cratic faith, in violation of the Cincinnati
platform.


1t is to be regretted that all political
discussions cannot be conducted upon those
elevated principles of fairness and honor
which require every gentleman to state his
antagonists position fairly and truly, and
correct any mistake he may have committed
inadvertently the moment it is pointed out
to him.


That am or ever have been in favor of
the confscation of private property by the
action of territorial legislature, or by any
other power on earth, is simply untrue ard
absurd. Nor is there any foundation or
excuse for the allegation that have ever
assigned as q reason for such confscation
that the Territories were sovereign political
communities.


THE TERRITORIES, WITHOUT BEING SOVEREIGN


COMMUNITIES, HAVE CERTAIN ATTRIBUTES


OF SOVEREIGNTY.


1 have never said or thought that our
Territories were sovereign political commu-
mites, or ever limited sovereignties like the
States of the Union. Sovereign States
have the right to make their own constitu.
tions and establish their own governments,
and alter and change the same at pleasure
1 have never claimed these powers for the
such claim when set up by others, as was
done by the friends of State organization
in New Mexico and Utah some years ago,
and more recently by the supporters of the
Topeka and Lecompton movements in Kan
sas, where they attempted to subvert the
authority of the territorial governments
established by Congress, without the consent
CT Congress.


While, therefore, I have always denied
that the Territories were independent
sovereign communities, it is true, how
ever, that during the last ten years
have often said, and now repeat
my firm conviction, that the people of
the Territories are entitled to all the rights,
privileges, and immunities of self govern
ment, in respect to their internal polity,
subject only to the Constitution Of the
United States. The Attorney General is
unable to comprehend how the people of
dependent colony or Territory can have any
attribute of sovereignty about them ," |!
Sometimes child can be made to compre.
hend proposition which he does not under
stand, by presenting to his mind an example
which is familiar to him. The American
colonies, prior to the revolution, presented
thirteen examples precisely in point. The
Attorney General must be presumed to have
read the history of the colonies, and to be
familiar with these examples. The fact
cannot be successfully controverted, and
ought to be admitted, that the colonies did
claim, possess, and exercise legislative power
in their respective provincial legislatures
over all rightful subjects of legislation in
respect to their domestic concerns and in
ternal polity. They enacted laws for the
protection of life, liberty, and property :;
and in pursuance of those laws, they de-
prived men of life, liberty, and property,
when the same became forfeited by their
crimes. They exercised these high attributes
of sovereign power during the whole period
of their colonial dependency; and were
willing to remain dependent upon the crown
and obedient to the supremacy of Parlia-
ment in all matters which affected the gen.
eral welfare of the empire without interfer.
ing with the internal polity of the colonies
So with our Territories. They possess
legislative power, which is only another
form of expression for sovereign power, over
all rightiul subjects of legislation in respect
to their internal polity, subject, of course,
to the Constitution of the United States.
THE SOURCE OF THE POWER OF sELF-Gov.


ERNMENT.


But the Attorney General does not per-
ceive the analogy between the colonies and
the Territories in this respect nor does be
recognize the propriety Of tracing the prin.
ciples OF our government back through the
revolution for the purpose Of institutlng an
inquiry into the grounds upon which the
colonies separated from the parent country,
and the fundamental principles established
by the revolution as the basis upon which
our entire political system rests. Such an
inquiry is deemed mischievous because it is
calculated to disturb the repose of those
who hold that the Territories "have no
attribute OF sovereignty about them )" that
" Territory has superior in the United
States government, upon whose pleasure it
is dependent for its very existence, in whom
it lives and moves and has its being who
has made and can unmake it with a breath ="
that it is only public corporation estab-
lished by Congress to manage the local
affairs of the Inhabitants like tho oouorr-