Year: 1873




A case is now pending before the Dis
trict Court, in session in this city, in
volving one Of the most important prin-
ciples of government within the scope
of Judicial power to determine v.ths
right of the people TO the controlxni
their own municipal affairs. upon which
depends the right of self-gcvernment;
for it is political axiom, that without
municipal independence there can be
no self-goyernment or guarantee for
Personal liberty. The case under con-
sideration is an appeal from verdict
Of City Recorders Court, under City
Ordinance prohibiting the opening of
places where Intoxicating drinks are
sold. on Sunday. As to the legal merits
Of this case we have nothing TO say. If
the exception taken had been upon the
ground that the municipal act confiieted
with the personal guarantees of the
Constitution of the United States, that
would have been matter exclusively
for the Courts to decide. But the At
torney for the appellants bases his case
upon the denial of the right of the Ter
Titorial Legislature to exceHise or confer
any municipal powers without the e1-
press consent of Congress. This is a
political question, affecting the tenure
of the personal rights and liberties of
every citizen of the United States resi-
ding within any of the Territories there
Of, and affirms political doctrine which
we are bound to traverse whenever or
wherever asserted.


The right of self-government is an in
herent and inalienable right. attaching
to every citizen of the United States,
and limited only by the express grants
Of power embodied in the Constitution
Now we defy any jurist to indicate
single expression in the Constitution,
which confers upon Congress either ex-
press or implied powers to make laws
for, or to revise the laws of, the people
of Territory, which Goes not apply
with equal force to the people of the
several States. All the delegated or re-
served powers of Congress over the ter
ritories belonging to tie United States
outside of organized State governments,
is simply the right of eminent domain,
referring exclusively to the property in
the soil, under the general phrase, ter
ntory and other property, which refers
to Government lands in the States as
much as to the Territories Neither
the Constitution nor the Ordinance of
1857, under which the Northwest Terri
tory was divided into five inchoate States,
with the terms of their admission into
the Union expressly stated, contain any
such anomalous expression as ''Terri-
torial Government" or anything to in
dicate the right of Congress to interfere
with the municipal regulations of the
people of the Territories; and no written
authority to the President to appoint
civil officers to govern the Territories.
All the Federal powers exercised over
the local governments of the Territories,
not specifically authorized by the Con-
stltutlen, are assumed, and like all
usurped powers, not limited or defined.
are constantly aggrega'ing, until now
citizens of the United States residing in
the Territories, are denied any voice in
their municipal government. as well as
any vote in the General Government.
and have less rights than are conceded to
ehinamen or plantation negroes IN the
States. We protest against any further
concessions to arbitrary power.