State Gazette. (Austin, Tex.), Vol. 8, No. 2, Ed. 1, Saturday, August 30, 1856 Page: 1 of 4
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KATES OF ADVERTISI-ffi.
Sftft 0late ajetfe
AdTertlMmests wiH b (nsrte4 at M 0narMf sw
JOlff MARSHALL & . S. OLDHAM.
f useccrraos' (a A&r ajsi).
.42.00
.44. OO
"
Club and Democratic Associations
f nmisfacd. at liberal Cash rate.
s
GAZETTE BOOK ASU JOB OFFICE.
W. tars iaa4t and arc waklsx atIlSw
Oar Pasrrr Pms kt Uto rreJ "" m "
cpeatfc. .-.rjL
cxed nsxasa. srcu or ut "Xg
JOB BINDERY
JLSD
BLAH100K HAHUFACTOHY
But tttock cm d4 ad1 a first class Modw alwsrs at
ti .iIe1ilnth poer cl erery boT o want of
5tt2irU. Uigm Jooratls Jyi Cocrt
tc-recr Podttts to bare tbem toads riibt hr .a
awUs at prices fc Terr 'JtUafcoT Uun ot Sew Tort.
LAWYERS' CARDS.
1 i i. i ' i ' ''' "l"...-' '' ' j ... - ... i . u n ! i -' - ' ' ' ' ' '" "
""
A1
LL.IX JOnX TATrcartT At U.
Txa.
JcneSlst15.
W-lX
a TKUS. BENJA3X3X F. ATToaxrr at Law
4 OoiSbU Biorl coootr. Tx. tffl atuod
SkSidM opoiucft J4ntiriud
la theeopremei-sa reoeraywii .. . v.
A J.cCXElXAD-AiwCT.iT.UsjEdla.
A rrllllilroeoootT- ? T
M inimical OaeToaCocjrrtf.ATrtne. WW
Oeiocal Fedral CoorU at An.Ua and Oalsestoa
iratoxMiMUlj W Ite eollecUon of e lata lamtj.
ictreiud tola. P;1?. "V7 i-
K :BitiiIiaa.TeXM will practice la the CoorU
oTS Third Judicial DUtrict In Faycttr and Anttin coon-
ticTaad in IbeUeprcJae and Federal Ccurti at AnsUn.
MayM'Si .
.r. axoaca.-.i... .J. cent.
16 BLOCKER A." GUIII.V ATT0MKT8 AT LiW
fri TTac. MeLeanan Cotwtr. TV practice In the
a.a of Ketrjauoraaf Umntene rreotone and
BATTLE. W. Wm ATToasrr at Uiw TVaco
SntTi Sintr Texai Mill praetle In the
Ouom of the 84 Jodldal dhlrtct and In the Supreme Court
at Anitto. "-f
ax w. airrr.
jirrtaox BAncrr
amivrTA- ftASHETT ATTOaxrrBAXD Coca
... .. i .w RfHilan. Wathlncton conntr.
Texaa will rirt thtlr attention to profenlonal buslneii In
Uw DUtrktCosrUof the third Judicial Ul.trlct embrae.
lartheeotmUettfWMhlnjton.Borleaon.MIUni. McUn-
can Bell and WlMamon and In the r"be. JS or
wi n'j
Kathlrtoand Borleton.
TltD "WOT. Attorney-at-Law Aurtin Teiaf.
NoTttnUrKltnisio. nn;n
IEK rroastT at Uw
Land and General Arenl AtallDTcxa.
nS8-ly
CtUOLEVt A. . ATTOWrST-AT-UW A OtStRAL
J Lajb AntsT rrederlduborE Texa
Kcftreaeei. non. Wm.K.Joncf Cowl coanty MaJ.
M.trtee Oatsl ! Jn Twohif ' JwUl3aAn-
tuStl. net - l"rcderlcfabnrs; KUIott & Thorn.
tocrjecTiia. "'"
COKE UIClt.ltU. ArrtxTABCoraaaio.
at-Uw Waco McLennan county Texai. S-a
KOCUETT J. JI. AUorney-it-Uw Dillas
Texar. 16r
fiMre rryTF ....... . .......... J. r. ratos.
k EMbOd: I'KVOlt ATTOuctr and Cocxml-
US tax at Law 8an Antonio Texas. Will practice In
taeDUtrtctOoorta or Bexar Medina GUJetpte Ooal
GuAdalnpe Caldwell and Uonulet couotlei and Is the
Fieral and BsprtnseCaurU at Austin.
CtT OflSce oa Post Office etrcct onorite theiiore
UrteAeecc French. i ':'y
A. K. Ptxurr w. D. woon.
BUItATX At WOOD-Attowuti and CorwtL-
uws at Ur CcnKrrllle Leon County. Will prac-
tice In all the Countiu of the thirteenth Judicial District
and In the counties of Houston and Anderson.
September. 1st ISM. n2-TT-ly
ESTEL.E WM. H. ATrojjrxT ax Cocrsxujoa-at-Law
Hendenos Busk county Texas. Will
practice In the District Cctrti of the Sixth Judicial Dis-
trict and a portion or the fiftb; alio in the Supreme and
Federal CoorU at Tyler. Cndlrided attention will be
l4rea to all business confided to his care. Prrtleular at-
teatlea to the collection or claims and the prompt rait
tance of moneys collected to the proper parties. He will
act a agent for the purchase wd also of land and will
tsristlzate land titles upon reasonable terms.
March ISM. &
WX VAAS A.J . ATToaitsT-AT-LAW Waco MeLen-
JEi nan county Texas. Will practico In the counties
of McLennan Lttwstone rreestone Falls Milam and
SU usd In the Supreme Court or the Bute. Prompt
attention given to the securing ralld and perfectlagcon-
troTerted and claims .Office east or Waco Inn.
July. 1S5I. 8-3
oxx . boccto WADroao.
M0US105 & nUADroitll ArroaKW-Ai
Law and General Land Agents Bel ton Bell county
Sxas. Will practice Jn theOourta of McLennan Bell
XHamBoscueCorryell and Williamson. Prompt attenuon
g.ren all business place! In his hands.
41
ru.sowA wHA.wjioor.
HOWABD & tVIECOX ATToaKXTSandCccs.
srxoLQM at Law Ban Anto nlo. Texas. oS5
H03f AIT JOHN P. Attossst asd Oocxanto
AT Law eprlnradd Ltoestoae county Texan
Marco S15WU-tf . -.
sw.tcxuTT j.r.xiAL.
SUBLBTT AND KEAE Attoxsxts ajtoCocx.
T"m at Law City cf Austin Texas.
1JjtlKKIKSHESttY E.-ATtottT axd Cocx-
M taJuo atLaw Houston Uarrls county Texas
HJQl practice In the counties or Harris Montrocery
.Crimea Jeffenoo andUberty. March716M. pSy
t ntrr. n . T. Attoexet. at-Law. Hamilton. Bur-
y-t rrmntr.Tf xju Will vractice in the courts of
. 0 . .. " . . . ..J ...
Brrnitt and surrounaing counues ana ww aiio kwbu
the purchase and tale or lands the Investigation and per.
ecUnsof and titles etc
FOAGE JAMES A. ATTOwtTAJta Ccrss&u
at-Law Bastrop Bastrop county Texas.
March ISM.
OUS A. T. MUCX ...COST. . IMSTXa.
Pit ICE 4c POUTEIl ATtoaxxTs and Coesasx-Lcxs-AT.lawLcclhart
Texas. SSv
McSAXXEEm IV. P. ATTOXStTAXnCOCWXLtOX
AT Law LlTlnrston Polk CO. Texas will practice
In th Courts of the Serenth Judicial District and the
Etiremt Court at Oalreston. and will par strict attention
U all basinets rtlatlre to Land ; also to the collection or
at. Masses orgeats against the late Kepuou or texas
aid against tadlTiduaU. mKnSO
TEVTXON. S. T. ATTOaiLT and Ooctstujob at
Jj liw Ausdn Texas. Will practice In the 2d Sd
aaatb Judicial Districts andln the Supreme and Federal
Ocsrts at Austin. Office at hit residence near the South
list comer oltlit new CapltoL Sept 15 nlvl
v. c (imit. .
A. W. TXXWXL.
g. w. Vt'urra.
"" - ..---- ' - - w.
OL. lit ACT TEHUEIX iJlVAIA A Jti.-AT-TOSSXTS
AT Uw AusUa. Texas wfll prAcUee In the
Second and Third Jodldal Districts and In the Supreme
anl Fcdtral Couru at Austin. "" -
FEMDEETOJf. FUAKK AtToassT ak Ce-cx.
soxm-at-Law Belltnn Bell county Texas. 4-S2
TB AWUEMCE A: BBOWKUIGG AttoT-
MA xxts at Law A3Ci3rxAt.AGt3rr8WlU practice in
all tBtOcurts of tlw Sixth Judicial DUtrict in the su-
vri3OoGrtasd In the Federal Courts at Austin and
airraids. They will pay Tiartlcalar attention to the
-ocaiing and patentlnc of land paymentot taxes and te
te examaUsa of titles ta land etc All business placed
a. heir casd will be promplly attended to nd all man.
eyaeetdpuaetnally aid over. - Sy JnnelT.lSM
McCKXKIS C. C. 6t A. D. Attoixets ass
Onmrn.T dus-at-Law Bastrop Texas WBlprsc-
Uce their professten la the counties of Bastrop Fayette
BBrkaenWHUataJcaao4 Travis and in the Supreme and
Federal Oosrts at Austin.
PartkuUr atlrntion green to Land suits and the col-
lectiencf cebta.
BxrcmTo M. O. Dimoa-andSclstn Barciof Bastrop;
Bsa.OeoExW. Paschal Uon John Hancock and John
W. Harris Esq Austin. June S3 56 nt5
JOKES JOHS5 S. tG. A. Attorneys
OiaueBors aVlaw OirreteaTcxas Will atten
and
1 attend to
any business in liw Federal TJocrts of Texas the Supreme
Crt at Calrcsten or In th Counties t the First and
feveath Districts. Particular aUeelloa cited to the In.
TtsUgAtJoaef Lind qtltj. Bec.SdlSU. &uay
TARaOX. W. nrt ATTaxxiTTaw UGrange
lP Texas WIB attend ta the collection of claims la.
raUfxUac land tit2cs 4c and all ether business con-
crete with his profession in Western Texas.
SoTBsber IT pd nlo ly
JOKES TV. HESS Attoxsst axs Cocrauoa.
at-Law Jtotary PuUic and GeneralColIeeUng
ArcitRrirn'i Texxa. Oft-y
aja x.trTS... ........................ .. - oATrs.
ETVES& DAVIS Attorneys and oonnseuors at
Law. Ertnham Texas. June ao ia. u cwvore
1
t A. V. FOTVEER
A TTOSSZy-AT.XAW raa-Weara. Tenant county
V Texas.
fialera to aajf beohles gstrari n Aetlr Texas;
Ken. Isaac Farter Krdrfne. rexs ; OoL SL T. Johusoa
ooli etaOoti. Teas. J. W. UUmer T. BalUs
"as. -i.
rAllT? JS E-Amaarr ato Covssjtu at
-ttWashlEjtoiWashtastoaeoaaty Texxa. 5-5
W 3V S Atttwxt axa Corasxuca-At
fa mJu S? 0tBer1 J0 Artat. Belton. Texas.
ST SiilV5"1 TriMa CoartTof Washington. Barle-
JBfeoeassftiecaTanaatot.at fcD AX
BAEtat ASHJTH8
iKKK XirKR JC3tt'tJl rr"
--p. Of SAESAPARKILLVglTt aatAtfanuX .
IX. Try&l Jut ttptar4atbattttJdfcrsJ9at thi
?? ..... jjaTCTS & 6MTTH.
rraaiB-jLTOayaaa 16. 6-tf
C. Is. KITSCtlKR.
j GoeewBi&BadlowpriesB.
Fealaera orceaaby wisMoe to 3o wj
ecu taw aitBrt -repslred at fe&lr rrs&csec
Stept-ze inn t&6Ta-5eBfioe Buaitare Sara.
c Fwae Sireet. ' ' "T'"
lfaLSZatT.OariesrCactt. tsJfUiia feTA' ha.-B)r
4X Bfertrwai-w ?& vuto&wtt'
YOL. Till
SEAT OF GOVERNMENT AUSTIN. TEXAS. SATURDAY AUGUST 30. 1856.
NO. 2.
jneyer.wiuimop -- u.t--
BaAtness rSr.lvof.Rot more than on .square. jrm.leia.
t sertedrortotdoairtpsrannan.
AnaouncerwtU of Cadlia$e fer Office -fljf''.
personal and buslnts- eonmanicatloas .P'i1
lodlTidasl"terestf. wfllVa charged a AdTertbemeat
AIIAdTertIsenUthepubBcatIa Of which U required
i bylaw must b psW far la adrxaee.
CITAnO.VSOnca-Thetsreatyjseeead f '!
Uw reguUtlns fees cf office PTMSiL rrf
-herotlUUen. or other process fereq tescmd
bypubMiatioaln newspaper. " r whee ror
.t maybe to make saeh sertteei ! Jff 5r
thepriaf.-s'rforsuchpahllcatte. bfe " "
requirel to haT sash service made.
FL'0rriVtSLVE3.-The first section ?j "'
raary 5. 1W1 reguUtiac; the sale ""JSlsl
provide; also thttwherc any TCi!-
L. a runaway a notice of the "PP rt.PU
oitmentwIthafaUdescripUon of such L!
published weekly in one of the papers Me Swt efOej
ernmea"for the'space of can month sfatepto
thereorrurnlshedto the Clerk f V.'Llfj"
thoeounty where thecoamltment shall tare been aide
AdTertlsementsnot marked with !J rJ
aretotxpubHshrd.wlllbe eonticwa until torbw. and
charged aecordlagly.
Subscribers. Advertisers and Agents may reU mey jt
oar risk and expense. AU coamualcatloaj must o
I addressed to the Uiters.
SPEECH OF THE
HOKT. "7". S- OLDHAM
DF.L1TEBED AT THE CAPITOL OJf THE 2TTH APCUST 1860.
FrxLOW-CiTizENfr:
"The oljject of discussion is to elicit truth' If there was ever
a timo when it was necessary for the existence of our government
that truth should be established it is now. If there ever was a. time
when the true theory of our government should bo ascertained and Un-
just powers defined it is the present. The times are 'portentious
of evil. Sectionalism rages through the land. Parties dividod by :t
geographical line against which the Father of our Country warned us
are destroying the fraternal feelings of our people and threatening to over-
turn our free institutions. Fanaticism has leveled all its artillery
againet the citadel and treason has f-eized the torch and is endeavoring
to apply it to the very temple of liberty itself. The duty of the patriot
is a plain one. It is to contend for the Constitution as it it? for the
cniion an it was as it is and shall continue to be to the full expansive
i'nergie8 of a free great and united people.
This question of slavery and the power of Congress over it is the
great and exciting political question of the day. Parties have divided
and organized upon it and indeed the destinies of our Kcpublic arc
dependant upon its judicious solution. At the North the Black He-
publican party affirm the powor of Congress to exclude slavery from
the territories ; they have organized selected their candidates and arc
seeking to enforce their odious principles. Tho Democratic party as
ever true to the Constitution deny this power to the gcnoral govern-
ment. There is however a third party contending for supremacy and
political power who aj a party have never enunciated their principle
upon this question but each scctiou and individual member of the
party ttands upou ita or his own platform upon that subject a Mording
to locality and latitude.
The Democratic party has uotrcoiaiBcd silent and rofused to declare
ita sentiments upon the Mavery question. Upon tbjf as upon all other
great natioual questions affecting our political iubtitutions upon which
it has boon called upon to act it has spoken with a boldness and fidelity
to the Conbitution and the Union which entitles it to tho confidonco
every lover of ourree institutions
The National Democratic platform adopted by the Cincinnati Con-
vention in June last enunciates the following resolutions upon the
subject of slavery :
"Resolved That wo reiterate with renewed energy of .purpose the
well-considered declarations of former Conventions upon the sectional
issue of Domestic Slavery and concerning the reserved rights of the
States
1. That Congress has no power under the Constitution to interfere
with or control the domestic institutions of the several States and that
such States arc the sole and proper judges of everything appertaining
to their own affairs not prohibited by tho Constitution ; that all efforts
of the abolitionists or others made to induce Congress to interfere with
questions of slavery or to take incipient steps in relation thereto are
calculated to lead to the most alarming and dangerous consequences;
and tliat all such efforts have an inevitable tendency to diminish the
happiness of the people and endanger tho stability and permanency
of the Union and ought not to be countenanced by any friend of our
political institutions.
2. That the foregoing proposition covers and was intended to em-
brace the whole subject of slavery agitation in Congress ; and therefore
the Democratic party of the Union standing on this National platform
will abide by and adhere to a faithful execution of the acts known as
the compromise measures settled by the Congress of 1850 the " act
fcr reclaiming fugitives from service or labor" included; which acv
being designeJ-to carry out an express provision of the Constitution
cannot with fidelity thereto be repealed or so changed as to destroy or
impair its efficiency.
3. That the Democratic party will resist all attempts at renewing in
Congress or out of it the agitation of tho slavery question under
whatever shape or color the attempt may be made.
And that we may more distinctly meet the issue on which a sectional
party subsisting exclusively on slavery agitation now relies to test the
fidelity of the people North and South to the Constitution and the
Union
Resolved That claiming fellowship with and desiring the co-operation
of all who regard thopreservation of the Union under the Consti-
tution as the paramount. issue and repudiate all sectional parties and
platforms concerning domestic slavery which seek to embroil the States
and incite to treason and armed resistance to law in the Territories ;
and whose avowed purposes if consumatcd must end in civil war and
disunion the American Democracy recognize and adopt tho principles
contained in the organic laws establishing tho Territories of Kansas
and Nebraska as embodying the only sound and safe solutiou of the
"slavery question" upon which the great national idea of the people
of this country can repose in its determined conservatism of the Union;
NON-ESTMIFERENCE BY CONGRESS WITH SLAVERY IX STATE AND TER-
RITORY or ix the District of Columbia.
2. That this was the basis of the Compromise of 1850 confirmed
by both the Democratic and Whig parties in national Convention ;
ratified by the people and the election of 1852 and rightly applied
to the organization of Territories in 1854.
3. That by the uniform application of this Democratic principle to
the organization of territories and to the admission of new States
with or without domestic slavery as they may elect (lie equal rights
of all the Slates icill be preserved intact Oie original compacts oj tiic
Constitution maintained inviolate and the perpetuity and expansion
of this Union insured to itsntmost capacity of embracing in peace and
harmony every future American State that may be constituted or
annexed with a republican form of government."
In these resolutions non-interference by Congress with slavery in
State and Territory and the District of Columbia is not only declared
but tho reasons for such non-lnterforenoo are clearly and explicitly
given. The reasons why CongrcN3 ahoida not so interfere are a?
follows :
1. It would be an interference with the equal rights of the States
2d The original compacts of the Constitution would be violated and
3d The perpetuity and expansion of the Union would be endangered.
The Kansas resolution adopted by the convention is to my mind
equally clear against any such power oxisting in the government or
. people of a Territory. It is as follows ;
"Resolved That we rccognizo tho right of the poople of all the Tcr-
ritorics including Kansas and Nebraska acting through the legally and
fairly expressed will of a majority of actual rcsidentc and whencver-
the number of their inbabitantb justifies it to form a Constitution
with or without domestic slavery and be admitted into the Union upon
terms of perfect equality with the other States"
It seems to me that according to all legal and logical rules of con.
btractioa the position of tha party is ettablisbed by this xwolution
to the satisfaction of every unprejudiced mind. This resolution declares
a time and mode wMcb none now controvert when and how the people
of a Territory may exclude or establish slavery. They may do it under
tie following circumstances: s
1st. Whenever tho number of inhabitants will justify it then they
may form a Constitution 2d. Slavjsry must be excluded ia thoformal
tioo of their Constitution and 3d Itcmnstbo doaeiarrjugh tho' legally"
andjairly expressed will of the majority of actual reddenfe. -
The 'convention fcy afiaicg the time and mode srifiiand iajsrHch
tho npeophr of a Territory my establish or cxcladft- slavery- ba3
-AWssanly Excluded any other time or mode- By dacluing-that it
'-owhonevcrthe inhabitant of a Territory arejufiuaently
nofcro entitle them to farm a State coostitntioD iexcTude3j
oajaggaYer?.mv.bo excluded bva Iemnmbcr.'ofJinhabi3w
L J JWS.4oa i7th6 orgtniola itf4
W?lr-a.iifc ii?$ryMtaatt s4 &9 fcclara.
tiou that it mu.t bo done through the legally and fairly expressed will
of the majority is a denial of the right to do it otherwise. A denial
of either of the first two propositions which I deduce from the resolu-
tion would be a denial of tho third and amount to the assertion of the
converse of that proposition that slavery may be admitted or excluded
from a Territory otherwise than through the legally and fairly expressed
will of the majority of the actual residents of such Territory.
The platform of the Democracy of Texas established in convention
iu January last is in harmony upon this subject with that of the Na-
tional convention. That platform contains the following article :
"4. The Democracy of the State of Texas regard the Kansas-Nebraska
act as a triumph of the constitution 'over fanaticism and sectional
madness and would regard its repeal as a violation of the spirit of the
constitution and an outrage upou the rights of the Southern States of
the Union ; they insist upon the old democratic doctrines of State
Rights and a strict construction of the constitution as cardinal prin-
ciples of the democratic faith; that the pri-.ciplc of non-intervention
by the Federal Government is a doctrine of the constitution alike ap-
plicable to the States and Territories ; and any attempt by Congress to
establish or prohibit slavery in any Territory that may hereafter be or-
ganized or to restore the Missouri Compromise or to repeal the Fu-
gitive Slave law or to refuse to admit any new State that may hereaf-
ter apply for admission into the Union on account of slavery being
recognized in its constitution or to imposo any restriction on the sub-
ject of slavery on any now State &o applyiug not imposed on the thir-
teen original States or to impose any restriction upon the trado and in-
tercourse between the slave States or to abolish slavery in the District
of Columbia would bo a violatiou of this principle aud should be re-
garded as an attempt to trample on tho constitution and dissolve the
Union aud should be resisted at every hazard and to the last ex-
tremity. 5. That the citizen of the Southern States have tho indefeasible
right to carry their slaves into any territory belonging to the United
States. aud thero to exercise and enjoy all the righta of ownership and
property as freely and as fully as in tho State from which they emi-
grate ; and that any interference with or obstruction to the enjoyment
and cxcrchc of Oicir rights as southern citizens by the Government of
the United Slulcs or of such territory icouldbea violation of the rights
of the southern- Stales ichicfi they p3$scss as sovereign St-t"s and co-
equal members of American Confederacy."
Having boou a member of both tho State aud national conventions
I now assort that it never entered my mind that the doctrino of terri-
torial '"squatter tovcrcignty" wat recognized or admitted in oither of
their platforms but on the contrary it is denied by oxpruss language
in the Stato platform and by implication as strong as oxpress language
in tho national platform.
Having thus shown from the National and State platforms of tho
party what position the democracy occupy in regaad to the Constitu-
tional power of Congress as well as that of the Territorial Governments
over tho question of slavery in the Territories I will now give the reasons
which to my mind arc conclusive as to the correctness of that position.
Tho first interferance by the National Congress with the subject of
slavery in the Territories was ky the adoption of the ordinance of
1787 " for the government of the Territory north-west of the River
Ohio" which was prior ro the adoption of the Federal Constitution.
Until the acts of cession on the part of Virginia and other states the
limits of the Union were confined by the boundaries of the thirteen
original States. But after the cession of the north-western territory
by the Stato of Virginia it became necessary to organize a territorial
government for tho district of country so ceded. Hence the Ordi-
nance of 1787.
Whatevermay hive been the necessity for that Ordinance and which
perhaps excused the Congress for its enactment it seems tn me that no
power existed under the articles of confederation which authorized it.
Those articles consisted of specific grants of power and power over
the territories was not amongst those enumorated. The second arti-
cles declared that " each State retains its sovereignty freedom and iu-
dependance jurisdiction and right which is not by this Convention
exprc&tfy delegated to the United States in Congress assembled."
Under the articles of Confederation Congress possessed no powers
derived by implication but iu all eases if the powor was not expressly
granted it was expressly retained.
The last article of the Ordinance prohibiting slavery was not only
not authorized but was without any justifying necessity and was not
bindiug upon the States except by express approbation. Tn truth it
was never observed by the people of the territories. It Ls a historical
fact that slavery existed in the territory at the date of the Ordinanco
and continued to exist thero in disregard of it until the territory was
erected into States and the people abolished it in their State Consti-
tutions. 1 have not referred to the Ordinance of 1787 to discuss its validity
but to show the original object of Congress in establishing territorial
governments.
The objects declared in the Ordinance for its enactment were among
other things " to provide also for the establishment of States and per-
manent government therein and for their admission to a share in the
federal counsels on an equal footing with the original States at as early
periods as may be consistent with the general interest."
There are but three clauses of the Constitution from which the
power of Congress over the territories can be derived : 1st That olausc
which gives to Congress the ''power to dispose of and make all needfull
rules and regulations respecting the territory and other property of
the United States." 2nd Theclausc which declares that "new States
sliall be admitted into this Union" aud 3rd The clause which de-
clares that "the United States shall guarantee to every Stato in this
IJniou a Republican form of Government."
These are tin only oxpress constitutional grants of power under
which Congress can take jurisdiction of the territories of the United
States but Congress may " make all laws which shall bo necessary and
proper for carrying into execution tho foregoing powers." With what
plausibility can it be urged that it "is noccesary and proper " to cn-
able " Congress to disposo of and make all needful rules and regula-
tions respecting the territory or ether property belonging to tho United
States" that a law should be passed affecting tho property of private
individuals- and excluding it from such territory '( This grant of powtr
is over the public property of tho nation and does not relate to the
individual property of the citizen. Under it amongst other things
Congress may pass laws for the survey and Bale of tho public lands and
laws granting rights of pre-emption to aotual sottlers. I enumearte
these to indicate tho nature and character of the power under the grant
specified. But it cannot in any measure bo mado to appear that to
cnablo Congress to exercise this control over the public property of
the United States it may exclude tha citizen from carrying any species
of his property into the territories or to deprive him of it if ho should
tako it there.
Nor can it bo urged that to enable Congress to admit new States into
the'Union tha power is impliod to exclude slavery from the territories
out of which such new States may bo created. .No such a restriction
has .over been imposed upon any of the territories south of latitude
86 30 and yet euoh territories have ben organized into States and
jt ndmUted into the Union. - - -
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Federal Constitution slavery existed in twelve of the thirteen original
States and it now exists in fifteen States and yet each and all of these-
States have a " Republican form of Government."
I may safely say that it was not tho intention of the framers of the j
Federal Constitution to give to Cougress the power over the dome3tie j
institutions of the terriories any more than over those of the States.
Had such been the intention the power would have been granted in
express terms and would not have been left to implication. Congress
may however exercise its power to the extent necessary to attain the
object contemplated in the graut. v
It is the duty of Congress to provide laws for the government and
protection of the people who may settle in the territories and this
may be done either by Congress directly or by a local government
created and empowered for that puipose. The power to pass such laws
directly is clearly proven by the past history of the legislation upon
the subject of the territories. If Cougress had no power to pass such
laws it would have no power to create a government to do it. But it
s admitted that tho interests of the people of the tcrritoriis can be
better subserved and their rights more efficiently protected by a gov-
ernment existing amongst them composed of men having interest" in
common with them who know their wants and the means best calcu-
lated to supply them than by the General Government who canuot
be well-advised of their interests or the meaus best calculated to advance
them. Hence Congress has in all cases since the adoption of the
Federal Constitution provided local temporary governments for the
territories. But iu almo every case Congress has passed laws in
the first instance for tho government of the territories. The
ordinance of 1787 contained a law of descents and distribution of thd .-
estates of deceased persons and a law of wills conveyances and of
registration. The act. providing for the government of tho Territory
of Missouri not only created judicial tribunals but defined and limited
their jurisdiction fixed the qualification of grand jurors aud the
mode of selecting them. The act establishing the Territory of Missis-
ipri extended to it tho ordinance of 1787- except the slavery clause
and cousequetly that portiou relating to descents and distribution wills
conveyances and registration. In faot almost every territorial organio
'aw contains numerous municipal regulations in addition to those
creating the local government clearly proving that such governments
were created as a matter of convenience to the people and to relieve
Congress from the immediate duty of providing for those wants which
could be more appropriately done by the people themselves and no
because Congress did not possess the power to legislate directly upon
all subjects affecting the regulation of their domestic interests. To
this end and for this purpose Congress has established territorial gov-
ernments from the time of the re-affirmance in 1789 of the ordinance
of 1787 down to the date of the Kansas-Nebraska act. At the same
time it has exercised a supervisory control over such governments
changing and altering them at will and abrogating repealing and
annuling the onaotments of their legislatures without the power to
do so being questioned by the peplc themselves or by any other autho-
rity. At the session of Congress just closed a bill paed the Senate
abrogating certain laws of the Legislature of Kansas.
I feel that I have clearly proven that Congress has no power over
the subject of slavery in the territories so as " to legislate it therein
or to exclude it therefrom" and that " non-interforence in State and
Territory" as declared by the- Democratic platform is a doctrine of
the constitution.
Lot us now examine into the powers of the territorial governments
created by Congress and ascertain whether thofe power are delegated
or arc inherent in the people of such territories. I have looked
through nearly every law organizing territorial governments from the
first to the last. They all proceed upon the principle that the exist-
ence and powers of such governments are dependent upou Congrei-..
Hence Congress defines and establishes the limits of the territory
creates a government for it .ind defines its powers divides it into
departments and prescribes the jurisdiction of each. It declares that
there shall be an Executive a Legislature and a Judiciary and provides
for the appointment of the Governors and that of the Judge has been
conferred upon or rather reserved to the appointing power of the Gene-
ral Government the President by and with the advice and consent of the
Senate. In some instances one branch of the Legislature h:us been
filled in the Fame manner. The Judges and members of the
Legislature are paid out of the Treasury of the United State. . The
people of the territories have never had a voice in the creation of their
government have exercised no power in filing any of the departments
of it except by permission and that permission has never extended
beyond the Legislature and they are not chargeable with tho burthen
of supporting their government.
Shall I be told that a government created by Congress which owe-
ita existence to the organic law by which it is created whose Governor
is appointed by the President receiving a salary out of the Treasury
of the United States possessing an unqualified veto upon the laws of
the Legislature elected by permission of Congress by the people
such laws even when approved by him arc subject to be aunullcd and
abrogated by Congress and which if not so annulled must be adjudi-
cated by Judges appointed and paid by the United States acts in the
exercise of the sovereign power of the people over whom it operates !
That it may exercise power which the government to which it i?
indebted for its existence form and shape does not possess! thu
elcviting the stream above the fountain the creaturo above tho creator !
If the people of a territory arc possessed of tho inherent power of
" popular sovereignty" the first exercise of sovereignty should be in
the creation of their own government through which such power
should speak. Sovereignty never speaks through a government which
emanates from any other sourco than itself. Tho imposition of a
government upon a people is inconi-isttint with the idea of sovereignty
in them. Tho creation of their own government is one of the first
acts in tho exercise of sovereign power by a people. Whether the
people of a territory possess the inherent power of popular sovereignty
or not they have never attempted to oxercise such power. It seems
to mo that the great error upon this fubject arises from the fact that
the advocates of the power of popular sovereignty in the territories
confonnd tho Governments established by Congress with tho inhabitante
of such territories. They treat the government as that of the people
or inhabitants emeuating from them when it is in fact the government
of Congress imposed upon such territory.
The-gfovernment created by Congress for the Territories are in their
riaturotractnre and organization devoid of the attributes of sovereign-
ity. 'In a word they haye never been considered as deriving authority '
' from tho people of such Territories but as mere dependencies upon
tho General Government deriving tiwir existence and authoriy from
. that source to be administered for the protection of thepeople or such
- Territories in the enjoyment of person and property until they become .
- rcficiently numerous to ereot themselves into & Stat Governmeat-and
to admits iaft 'ViwaaMliV7iAt4Jwftwto
and to enable Congress to carry into execution its specified powerg.
That iho existence of Territorial Governments i not dependent upou
the consent of the people of such Territories is proven by the past
legislation of Congress upon the subject The peopla have nevor Jn
any case been called upou to give their consent to the establishment
of such government? but in some cay or in one at least Congress
has established a temporary government contrary to the wLhos of the
people. The people of Utah had established a govenmiont for them-
selves and put it into operation but Cougruss abolished tho govern-
ment so created by the sovereigu people of Utah instituted another
in its stead and sent a portion of the army of the United Statetoen-
forcc obedience to tne new government in caso of .rcsistauee. The
authority for this act has never been questioned.
The exercise of any other than delegated authority is iheoiisistcnt
with the nature of every territorial government whioh has been crent-
by Congress. The people of the Territories pavosa natural inherent
and constitutional rights aud it is the object of Congross in coufering
irovcrnment upon them to protect them in the enjoyment of those
rights as. well as to carry into execution tho specified duties d&clarod.
by the Constitution. But noncof the at tribute ofsovereigntyatfaoh tea
people while existing iu a territorial capacity. Sovereignty cansists in
supreme or uiicoutrolablc powor No Much power has ever beou claim-
ed for a Territorial government or for the people of a Territory but ou
the contrar' Congress Ins exercised the controliugpowcrourthoGov
crument of the Territories by abrogating their enactments ; it ha
denied the oxistcucc of supremo power in tho people of thaTorritorios.
by auuuling tho government "i" t pvphmf TTt.-ih and imposing anotb-
"cr upon them.
But it is-eaid that sovereign power over a Territory must reeido some-
where and if it docs not reside in the pcoplu nor iu Congress it w
asked where docs it reside7 It is true that this sovereign power must
reside somewhere and it is equally true that it docrf not reside either
in Congress or in the people of the Territory. But it eecms to mc
that the question as to where it docs reside is one of no difficulty to
any person at all familiar with the Constitution of the United States
aud entertaining a just appreciation of the nature organization and
' power of our Federative Government. The tenth amendment to the
Constitution is responsive to the question : " Tho powers- not t'cle-a-ted
to the United States by the Constitution nor prohibited by it to
the Slates are reserved to the States rospcetivoly or to the people."
I may be asked how is this puwer to he exercised ? It cum only be
doue during the existence of the Territorial Government by an amend-
ment to the Constitution in the mode prescribed by the fifth article of
that instrument.
Take for instance the pubject of Slavery. Should the States by
a constitutional amendment declare that that institution should or
should not exist in the territories- they would exercise undoubted w
creign power beyond the control of either Congress or of the people
of such territories. But if the power to admit or exclude sluvery
exits in the people in virtue of the great natural right of Popular
Sovereignty" the State- would poes no powi-r to aet upon the sub-
ject by a constitutional amendment None will deny the power
of the States so to act There cannot be two uucantrolable or
sovereign powers at the same time over the ame thing. Such a eon
ditiou is inconsistent with all our idea? of -ovcreiguty. Thu power
being one of the reserved rights of the States must remain and abide
with them until the people of a Territory having " become sufficiently
numerous shall through the will of the majority of actual residents
legally and fairly expressed form a State Constitution and be admitted
a a co-equal into the Union " of the States of the confederacy. The
first act of sovereign power which the people of a Territory can par-
form is the formation of a State Constitution. And then it Ls but :ijaan
rovereign powor. When they are admitted into the Union they are
then and not before invested with sovereign power. The act ofitd
mission is the ce-wion of the reserved power of the State over th
Territory to the new State created out of it.
As I have niready 'aid the very nature of Territorial Government
excludes the idea of pular sovereignty or overcicn power. It k
created by emigre- to enable it tu carry into effect specially delesratrJ
powers it may be changed modified or abolished.it its will ; it-po?vers
are prescribed and limited by th.- law creating it ; its departments art
defined the people by the permioiou of the same authority elect the
members of both branches. 0f the Legislature and ?ometime.s of but one :
their laws when made are subject to b" abrogated and anuuled bv
. Congress they are to be construed by judge? appointed bythePre-i
dent and paid out of the national treasury. They are -ubject to the
unqualified veto of an Executive appointed by the same authority and
paid from the fame source and are dependent upon him for theirfaith-
ful execution. In wmitf ca-a the rganic- luwrequircd their enactment
tu be submitted to Congre-s for approval Ix-fore they become kws. as
iu Utah and New Mexico
And yet wo an; told tliat the people o'ver whom such a government
operates posc?a the " inalienable power of popular ovfireignty" whieh
maybe exercised through this medium
But if tho theory of sovereign power in the people of a Territory is
truc then they may at any time throw off the Government created
for them by Congress and established another in the place and in
consistent with it. They may disregard every restriction impend up-
on them byauyotherpowcr than thenrelves-prcscutin- the anoma-
loito absurdity of a -sovorcigoty within the territorial limits of another
sovereignty a -sovereign power within the limits of the United States
uot a State nor a member of tho ronfeIenyf States- nor subjeH t-
the restrictions and burthens assumed by the State of the Union.
Having as I conceive satisfactorily established the charactor and
nature of territorial government I will now endeavor to sho-v what
power and authority may bo appropriately exorcised by such govern-
mente: I will auhe outset etate as proposition which I think is
clearly and fully established by the argument which I hava already
adduced and whioh results as a consequence from the nature and char-
acter of such governments that they may exercise just snch powers
and no others as are constitutionally delegated so them by Congres
in their organic law and which Congress itself might exercLw- As I
have already said that the creature is not grcswr thzn the creator tha
stream cannot rise above tho fountain nor can an attorney possess higher
power than his constituent. The power granted must bo limited by tho
authority of- the granting power and from tho nature of the case must
be so far restrinfea Tho legislative power granted to the territorial
government is' usually expressed in this language to make laws in
all cases for tho "good government of the District" or that it "shall
extend to all rightful subjects of legislation." Thid grant convoys all
the power which CoDgrew itself possesses and extends to every propar
snbj&ct of legislation necessary for tho good government of the tcrxi-
tory7ancTior "the protection of the people iu the enjoyment of persca-
and property and to this end laws for the punisanaat of oxiraa uvea.
" ICOOTEnJH) to FOURTH PAQSj
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Oldham, W. S. & Marshall, John. State Gazette. (Austin, Tex.), Vol. 8, No. 2, Ed. 1, Saturday, August 30, 1856, newspaper, August 30, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81260/m1/1/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.