| 45 when public excitement was wound to the highest pitch; and mobs were threatening on every hand: if the Executive of those States had manifested such egregious ignorance in regard to that affair, he knew not but that their precedent, and influence, and the influence of religious prejudice might bias the minds of others, who might act in his case; but independent of this, ten chances to one but that he had been kidnapped by Missouri; and whether he had been given up by the judiciary of this State, or been kidnapped (both would have been illegal) it would have made no difference; he would have been in the hands of a people who could not administer justice to him; who have heretofore acted as a legalized mob; and who would no doubt have murdered him. Under these circumstances we think that he took the wisest course.
But independent of what is before mentioned, relative to our charters; we very much doubt the legality, constitutionality, and sound policy of taking them away. We have always been in the habit of looking upon charters as instruments of a most sacred, and binding nature, in which the maintenance, and adherence to, or departure from, the honor and dignity of a state, or nation was concerned; and that when once granted constitutionally, and without a repealing clause, or a reference to the time of their expiration, they could not be repealed, or altered, without tarnishing the escutcheon of the states, or nation; without the consent of both parties viz. the petitioners and the state, or nation.
We are led to these conclusions, both from the nature of the compact, and from the precedent and usages of legislative bodies; if we trace the formation of governments to the first organization of society, we shall realize the importance of one grand truth, which is found in the Declaration of Independence, and ought to be written in letters of gold; "that all mankind are born free and equal." In this situation nature placed mankind, and every man ruled his own house, made and administered his own laws, defended his own rights, and protected his own property; when governments were formed, conventions were held and each man gave up his own individual right to govern, for the general good of the whole community;-Such a community was formed in America at the time of the Declaration of Independence. Having resisted the tyranny, and thrown off the yoke of the mother country; being no longer subject to their laws; they became individually responsible for their own acts; these individuals selected persons form among themselves, in their several districts to represent their interest; and thus the law-making department, or government, was empowered by the people to legislate for them, and the people promised to be governed by their enactments; subject however to the constitution, which had been sanctioned be [by] the people; and which was their magna charta, their protection, and safegaurd [safeguard] Without entering into the particulars of the formation and organization of the United States, the history of which is familiar to all, we would remark that by this constitution the representatives were bound:-beyond it they could go;-and any acts that they might pass contrary to this would be illegal, and the people were not bound to receive them. This Constitution thus formed and sanctioned, making general provisions for the universal good of the whole community, among other things provided for the reception of new States into the Union, from its territories; or in other words, ceded up the right to govern, which had been vested in their hands, and allowed them to make their own laws, become free and independent, and govern themselves: subject however to certain restrictions as expressed in the Constitution of the United States, for the general good. Thus the people of that State became as free and independent, in regard to their local affairs, as though the United States had not been formed; they are however bound by certain principles (which are acknowledged by all the States) of a general nature, to the confederation, for the mutual good of all the States of the Union.
Just such a State is Illinois; she petitioned for the right to govern herself, which petition was granted, and she became an independent State. It has been customary for those independent States, thus formed, as populous, and the task become onorous [onerous] the Legislature to manage all their local affairs, to grant charters to different cities, and thus give up to those specific places, (what was ceded to them by the General Government.) The right to govern themselves in all local affairs; subject however to the restrictions of their charter, which is to them what the constitution is to the State.
Now the United States never thought of taking from any of the seperate [separate] States their Constitution, they were bound by every sense of justice, honor and integrity, to maintain the independence of the several States inviolate, and having ceded up the power to govern, could not take it back. The same principle will apply unto chartered rights, granted unto cities, and we have yet to learn that any of the United States,
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