Show united states appointments and legislation for her territories in the second paragraph of the declaration of independence are the following 0 words are instituted among men deriving alvin 11 their JUST powers from the co CONSENT of the G GOVERNED 11 and for the purpose of securing in certain inalienable rights nights among among which are life liberty and the pursuit of happiness it is urged by some that the declaration is purely an abstraction but however much of an abstraction when compared with the validity ut or lew leg lesal al enactments a truth enumerated therein is 13 as self evident and as worthy of proper ce ice as though thought clothed with the panoply of law in intact fact it is alone by the abs observance edvance of truths that enactments can abide the rush of progress and the ri rights ats of people be permanently manent mann tty ly secured A disregard of this principle cost coat the british gov gox government its most valuable p passions sai jai in amei amel amelca ic a and if so power dil uil f il a nat vat catlon cation ion lon could not successfully coerce its subjects oy oppression that should at least learn oth ra that a united and firm government with a hippy people cai can never ion lon long iong 0 abide the test now bon ben g applied to the powers that be except those powers are baad upon the immutable s of evenhanded even handed justice in all governments th re must of necessity I 1 be laws which involves decisions upon and en against their infraction whether the power be i csick in m one sti sll preme supreme head or drw whether hether la in several beveral severa severs departments or whether in three as in in our own nation but regardless of the mode of administration no government independent of the free or tacit acquiescence of the masses need look for permanency for what is any mai man j kili kill king 11 or emperor though 1 lie he be or any set letof of men even though dignified C by the title of congress when ruling regardless of the just rights b of the governed now in conduct towards territories does congress fairly and fully re regard the force of the word CONSENT sent 11 of the GOVERNED verily no for by their ec advice and consent certain territorial officers are appointed by the president and they also cut and carve certain organic acts for territories utterly regardless not merely of oi the tile CONSENT but also of the well known and expressed wishes of the GOVERNED 1 As before hinted it may inay be argued that this usurpation of power Is only in contravention of the declaration which Is purely an abstraction let it be granted for arguments sake that such is the case it still remains that the president and congress override an eternal and immutable principle plo pio of justice by appointing off officers acers and making laws without the vote and contrary to the expressed rights and wishes of a portion of the governed in a professedly republican government having fairly and truthfully stated the case bo far as the declaration is concerned we will viii next proceed wi with ith the sanie same candor and love of the constitution and equal rights 0 1 to canvass certain principles contained in that supreme LAW of the land the constitution in that document ordained jand nd established iain cain in order to form a more perfect UNION establish JUSTICE insure DOMESTIC tranquility pro vide lids for the common dei def defence eface promote the general welfare and secure the blessings of lili 1111 LIBERTY to ourselves and our posterity we find the supreme power distributed among the legislative executive and judicial departments A knowl knowledge knowledge erge of the metes and bounds of these several departments as sat t forch in the constitution and amendments amend menta thereto with a knowledge led 0 e of the acts of those departments will readily enable any one who loves the purity of our institution lona iona to determine when they are acting legitimately in their several spheres taking the divisions as wa we find them we leard learn cart that all legislative 0 powers herein granted shall be vested in a con congress 0 ress of the united states which shall consist of a senate and house of representative representatives s arti sec 1 cf the constitution in section boet bont loas ioaS S of the same article articie we find those novem enumerated as follows SECTION viii trip rb congress shall have power to lay and V lect elect taxes duties imposts and e excises to pay and provide for the comm common on de ft r dee uve ve and general gerl geri eral erdl vv elfare welfare of the united tates states but all du duties 1 imposts 0 s and excises shall be uniform throughout sah seh the united states to borrow money on the credit of the united states we to regi reg regulate I ate commerce with foreign nations and n d among the several states add and with the indian tribes to establish an uniform rule of naturalization and uniform laws on the subject of bankruptcies ruhr rupA cies cles throughout the united states fo ro coin money reg regulate Hlat hiat the value thereof and of foreign coin an and d fix the standard of weights and inea measured me asuree to provide for the punishment of counte counterfeiting I 1 the securities and current coin of the united states to establish post offices and post past roads to promote tile the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their re respective active writings and discoveries yvo to constitute tribunals inferior interior to the supreme court to define and punish piracies pi and felonies committed on the high seas and of fences a against ainest the law of nations rio cio to de declare aarle war grant letters of marque and reprisal and make rules concerning cp captures tures on land and water to raise and support armies but no ampro F privation pria tion of money to that use shall be for a longer 0 n er term than two years to provide and maintain a navy to make rules for the government and regulation of the land and naval navai forces to provide for callin calling forth the militia to execute the laws of the union suppress insurrections ions and repel invasions J to provide far tar organizing arming and di disciplining S cip lining the militia inUi tia and for governing such part of them as may be be employed in in the service i ce of the united states reserving to the states res respectively actively the appointment of the officers ani ant and the authority of training the militia according to the thie discipline prescribed by congress gress to exercise exclusive legislation in all cases whatsoever over such district not exceeding ten miles square as may ma by cession of particular states and the acceptance of congress become the seat of the government c of the united states and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be for the erection of forts magazines arsenals dockyards dock yards and other needful building buildings 0 and to make all laws which shall be necessary and proper for carrying into execution the foregoing g an power powers s and all alt other powers vested by this this constitution in ahe the government of the united states or in any department or office thereof the loosest and vaguest expounder of the above enumerated specific and general congressional powers cannot in honesty and ly ii fairness of construction infer any constitutional right or power vested in congress 0 to appoint officers for the inhabitants of her territories nor to in any manner legislate in a channel that would not be equally applicable to states containing t indian tribes government lands seacoast sea coast ac should any one be disposed to take shelter under the words general welfare in the first paragraph of section 8 it is sufficient to reply hat both text and context obviously apply that power to the thi caring 7 for the united states as a whole and arid not for any one state or territory nor for any other number less than all of them but another person may fancy that he finds a right for appointing officers and legislating for the free white inhabitants of territories as con congress ress reas dare not presume to do for like inhabitants inhabit inhabitants anig anis in states an in the words and all other powers as found in the last paragraph of the section quoted lest such person should rest content with so incorrect a conclusion we will proceed in search of the all other powers at least so far as pertinent to our caption which brings us to article 11 II concerning inthe the executive power 22 in the second paragraph of the he ad section of that ebat ehat article we find that after specifically specific cily elly enumerating certain officers the president is authorized to appoint all other officers of the united states whose appointments are not otherwise herein provided for and which shall be established by law A glance glanc e will show that governors and ies fes also district jua judges es marshals and attorneys as now appointed for territories are not found among the appointments provided for by spec specification neither can such officers be found amon among C such as shall be established by law 71 for there is no provision in the constitution authorizing 0 in any wise the enactment of a law for creating 0 such officers As the judicial power does not legislate nor appoint officers 0 of f the kind in question we will next examine article articie IV and quote the 2nd and the the tho citizens of each state shall be entitled to all the privileges and immunities I 1 of the elti citizens zens in the several states 71 why not the citizens of territories be BO so entitled we reiterate re iterate without any fear of correct contradiction that there is no constitutional why not this statement brings us to the second para Vara paragraph griph of 0 the 2nd and action s of the same article and as it is the main point upon which the most ultra advocates base their ar gumen tsin favor of appointing 0 officers and legislating gi for the free white inhabitants of territories we will also quote it entire the congress shall have power to dispose of and make all needful regulations respecting the territory or other property belonging to the united states and nothing shall be so construed as to prejudice any claims of the united states or of any particular state when the words territory or other property and the word ward claims are taken with their context and due force given to the word or after the word C territory 5 it is more than stran strange 0 ge that an any y one should be reckless eo so of his credit for the most ordinary judgment 0 and the most superficial knowledge of our language as to urge for a moment that territory is not nat here applied exclusively to domain certain defined surfaces of land then owned and thereafter to be owned by the united states and not to the inhabit inhabitants ints thereon A part of section 4 of article IV reads the united states shall shail shall shail guaranty to every stare stace in tb the e union ante alte publican form of government why not at once admit territories as states stater upon their application and abolish the perpetuation of the english kingly system of colonial colon lal fal vassalage in a professed republic would too great a stride for pigmy politicians towards fully carrying out the letter and spirit bf the constitution we have now row carefully gone jone through the constitution and have presented the best extracts that we ave can find therein towards authorizing the president and congress of the united states in appointing Z officers and legislating for the free white inhabitants in territories more than for those in states and behold there is no such constitutional authority nor even the shadow of it neither is there any such authority in the amendments totham constitution but on the contrary article IX of those g amendments reads the enumeration in the constitution of certain rights 0 shall not be construed to deny or disparage others retained d by the people 0 and article X the p powers overs not delegated to the united states by the constitution ution nor prohibited by it to the states are reserved to the states respectively 6 or to the people ajr inasmuch as there is no constitutional authority for the president and congress to appoint officers and legislate for american citizens in territories any more than to for r those in states and inasmuch as such a course Is an ille illegal 0 al stretch of power and in direct contravention of a fundamental principle contained in the declaration it may well be wondered how and ancl why the present territorial policy became instituted and still continues to be perpetuated petua ted the thirteen federal states eberg gsg from the british colonial yoke found themselves entering upon the field of untried experiment surrounded by circumstances more or cbs csc new and the wisest and best beat of them strongly influenced by habits formed while under colonial government and deeply aradi tiona ted in looking up to the mother country count Y hence it is not a matter of much surprise that they should cling to a certain extent to former customs and traditions while so soon called upon to legislate for that region 0 of country outside the thirteen ori orl original giral states nor that they should on on account of that influence measurably curtail their brethren of their just and equal rights if they moved beyond certain boundaries even though 0 that movement was of citizens upon common soil and for the spread of the area of freedom but it is surprising that that old territorial system of government an unconstitutional blending 0 of monarchy and republicanism should be continued to this our day and even its policy bo be advocated by persons who plume themselves with a reputation for or statesman statesmanship and be tamely a submitted to by enlightened and experienced americans living in the year 1857 so far as the free consent and expressed wishes of the governed are concerned should the majority of the citizens in a territory choose to waive their constitutional rights and prefer a state of vassalage 4 a state of being ruled by officers thrust upon them and legislated for by usurped authority we see no reason why their choice should not be complied with at least upon the principle of the voluntary consent of the governed but when arld brid arld arid majority even to the extent of an entire community are known to most persistently prefer preter officers of their own election to those foisted upon them by arbitrary power and purely republican laws of their own enactment to laws carved dictated and forced upon them by a power to which tile the constitution gives DO no such authority we are arc constrained to say that most truly are men prone to oppress their f fellows how long think ye can such oppression be quietly endured how long iong think ye will v ill iii ay people submit to the dictates slanders borrup eions arid and abuse of 0 officers I 1 whom they have no voice in electing and whose efforts are constantly put forth to their utmost for the destruction st of the people among whom they are arc sent suppose ye that the few dollars parsimoniously doled out by congress can buy freemen to overlook such glaring inconsistencies |