Year: 1859

Views OF a Southern Democratic Pa.
per on Popular Sovereignty, Given
rick's Position.


From the Mobile Register


We stated yesterday that our Senator's
position in reference to his adherence to the
action of the Democratic party in Conven-
tion assembled at Charleston was satisfac-
tory, and such as we had right to expect
from his sound, practical good sense. But
we disagree with him as to his interpreta-
tion of the powers of Congress and of the
Territorial Legislatures, over the municipal
affairs of a regularly organized Territory.
Governor F. says: l." am unqualifedly
opposed to Squatter Sovereignty" So are
we, and we fully agree with him that so long
as the public domain remains in squatter
status, that is, until Congress has passed an
act erecting Territory within certain metes
and bounds, into a government, and rccOg-
nized its right to make Its own municipal
laws and local regulations giving it leg
islature, governor, judiciary, with power
to levy taxes, to pass laws, to deprive men,
for crime, of property, liberty and life, all
of which are attributes of local sovereignty,
until this time, we say, the Territory
knows no law but the law of Congress, and
up to this time the people of the Territory
are mere tenants by sufferance or at will
upon public domain, and possess no political
powers of any kind.


But when Congress, in its discretion, says,
by solemn act, here, within certain limits,
reside SO many thousands of American citi.
zens, who have gone there from other States,
accustomed to and carrying with them the
rights and privileges of freemen we find
these people in numbers sufficient, of intel
ligence sufficient to govern themselves
therefore ordain them the forms of a gov
ernment we invest them with the rights of
legislating for themselves of attending to
their own local affairs, and pursuing their
happiness and best interests as all other
American political communities are permit
ted to do who are found in such circum-
stances. We, the Congress, in the Spirit of
the decision of the Supreme Court, ac-
knowledge tutelary power of supervision
over the public domain, only under the
power of Congress to admit new States, but
we have no power to govern them as sub
ject provinces; the Constitution never con.
templated such thing, and the whole spirit
of our institutions is against it. Congress
exercises the power only from the necessity
of the case, and Congress is glad to get rid
of this duty of doubtful constitutionality the
moment the Territories are peopled in such
manner as to justify transfer to them Of
the power to govern themselves upon Amer
ican principles Of self government"


When all this is done, the "squatter ,
condition is at an end, and we have to deal
with an American political community, in
vested with all the attributes of local popu
lar sovereignty. The territory marked out
by consent of the organic act for the exer.
else of these functions of self government
ceases to be public domain belonging to
all the States, and passes, in all local mat.
tiers, from the legislative jurisdiction Of
Congress. The public lands unsold yet be.
long to the Federal Government as the
agent of all the States, but the Territory as
political entity does not. The inhabit.
ants are people; they are government