over the internal or domestic affairs of a
sovereign State. All matters of internal sovereignty are left to the
people of such State, and there is no reason to be found in the
Constitution or in the nature of the case, why Congress should have any
greater power over the internal or domestic concerns of citizens in a
territory than it has over those of citizens in a State. It is not true
that the territories are outside of the Constitution, and become
entitled to it and its sacred bill of rights by grace of an act of
Congress. That is, indeed, strange doctrine to apply to an American
citizen standing on his own territorial soil, which Congress had no
right to acquire or govern at all, except by virtue of the Constitution,
and it assumes too much, for this reason: All power not granted to
Congress is reserved to the States or the people; and if the territories
are not under the Constitution, there is no right in Congress to govern
them at all, and that right rests in the States or the people who settle
the territories. On the contrary, if the territories be under the
Constitution, then must they be governed according to its principles and
bill of rights, and not arbitrarily, and all powers of government over
them not granted to Congress are in the people of the territories
themselves. Powers of municipal legislation as to internal affairs, as
already stated, are not granted, therefore are they in the people. If
this doctrine of arbitrary Congressional sovereignty be correct, then
have citizens in the territories no constitutional rights, and no
franchise except at Congressional discretion--they may be put and kept
under martial law as long as Congress pleases, and this without respect
to population--they may be sold into slavery according to John
Pettit--and this system of military provincial government may be kept up
so long as the Federal government can control an army to carry it out.
Does any man believe there is any constitutional right in Congress to do
any such thing? The statement of the proposition is its best refutation.
How much more logical and consistent then, is it to refer the powers of
Congress to legislate for the territories, to the end of all legislation
either for acquiring or governing territory, viz: the formation of
States, equal in sovereignty on all questions to the original States. If
then, the question of domestic slavery be a local question to be decided
by the people of the States as they see f