e territories,
those twin relics of barbarism, polygamy and slavery."

This sweeping assertion of sovereign power in Congress over citizens of
the United States in territories, of course affirms that Congress can do
for the territories all or even more than a State government can do for
a State. Mr. John Pettit, late United States Senator from Indiana, has
made the broadest assertion of Congressional sovereignty, for he has
said and endeavored to prove that it is "_absolute, unconditional,
unlimited authority_"; such, in fact, as would enable the Federal
government to sell the citizens of the territories into slavery. Power
to do an act is one thing--a constitutional right to do it is another. I
do not concede Mr. Pettit's authority for Congressional sovereignty,
even though he be one of Mr. Buchanan's Judges in Nebraska, but it is
interesting to note, by way of parenthesis, how wonderfully Republican
doctrine on one extreme, and Buchanan or Breckinridge doctrine on the
other, work together to a common center, Congressional or Federal
government despotism.

It is vain to look for any express warrant for any such power in the
Constitution, except in the language of the 3d section of the 4th
article, declaring that--"_The Congress shall have power to dispose of
and make all needful rules and regulations respecting the territory or
other property of the United States_."

Assuming that this is a grant of power to govern the people of United
States territory, in the ordinary sense of sovereign legislative power,
such as that possessed by the States for example, this anomalous
conclusion would follow: that there are under the Constitution two
distinct systems of government--one a strictly defined and limited
Federal government over the States, with a right of representation in
the governed; another a municipal government, almost arbitrary in its
character over the citizens in the territories as mere colonists,
without any right of representation in the governed. There is no
foundation for this conclusion. When the Constitution was adopted, the
territories were recognized as incipient or inchoate States. It was with
reference to them that the power to admit new States was incorporated in
the Constitution. People migrating to those territories carried with
them the inherent rights of self-government and the guarantees of the
Constitution. The Constitution was intended for the territories as much
as for the States that made i