artments of government for such Territories during their temporary
and provisional period of pupilage; to delegate to these governments
such authority as might be expedient--subject always to the supervision
and controlling government of the Congress. Finally, at the proper time,
and on the attainment by the Territory of sufficient strength and
population for self-government, to receive it into the Union on a
footing of entire equality with the original States--sovereign and
self-governing. All this is no more inconsistent with the true
principles of "popular sovereignty," properly understood, than the
temporary subjection of a minor to parental control is inconsistent with
the doctrines of the Declaration of Independence, or the exceptional
discipline of a man-of-war or a military post with the principles of
republican freedom.
The usual process of transition from a territorial condition to that of
a State was, in the first place, by an act of Congress authorizing the
inhabitants to elect representatives for a convention to form a State
Constitution, which was then submitted to Congress for approval and
ratification. On such ratification the supervisory control of Congress
was withdrawn, and the new State authorized to assume its sovereignty,
and the inhabitants of the Territory became citizens of a State. In the
cases of Tennessee in 1796, and Arkansas and Michigan in 1836, the
failure of the inhabitants to obtain an "enabling act" of Congress,
before organizing themselves, very nearly caused the rejection of their
applications for admission as States, though they were eventually
granted on the ground that the subsequent approval and consent of
Congress could heal the prior irregularity. The entire control of
Congress over the whole subject of territorial government had never been
questioned in earlier times. Necessarily conjoined with the _power_ of
this protectorate, was of course the _duty_ of exercising it for the
safety of the persons and property of all citizens of the United States,
permanently or temporarily resident in any part of the domain belonging
to the States in common.
Logically carried out, the new theory of "popular sovereignty" would
apply to the first adventurous pioneers settling in the wilderness
before the organization of any Territorial government by Congress, as
well as afterward. If "sovereignty" is inherent in a thousand or five
thousand persons, there can be no valid ground for denying i
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