Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1842-03-01
TERRITORIAL.
REPORT

OF the minority of the Select Committee on the sub
ject Of the annexation of the "Dspued Tract >
to Wisconsin. and the formation of State Co
vernment
The minority of the special committee to which
were referred certain ''Resolutons relative to the
annexation and state government adopted at a NEE
ting of citizens of Wisconsin, in Madison on the
Sd day OF February A. d., 1912, begs leave to
Report
That unequivocally dissent from the opinion of
the ma orty OF your committee with regard to the
propriety and expedlency of ticking any Legislative
action whatsoever upon the subject matter contain
ed in said Resolutions and will proceed without
further preamble delay state the reasons of my
dissent. e.
The object contemplated in the first resolution is
mot my humble opinion proper subject of gs-
datrve proceeding IN this body; does it come
within the purview of the powers delegated to this
assembly by the Congress of the United States
Congress is constituted by the fundamental law of
the land the supreme arbiter in every thing that
concerns the territory of the United States. The
last clause o. the Sd sec, 4th art, of the constitu
ti0n OF the u. States PROVIDES that " Congress shall
have power to dispose of and make all needul rules
and regulatoGsfespectng the territory or other pro-
pery of the United States" Congress has never
gated the ,chole OF this power this LIE gisative
Assembiy.--Hhe Legislature of Wisconsin is the
creature and the agent of the General Government
and all its powers confined within such limits
as suited to'our condition dependant terri
tory, and hence tins Legislature cannot in my
humble opinion, entertain any project pass any
law which contemplates change from territorial
TO state government, without stepping beyond the
powers delegated to this body The orgnnic law
has provided manner by which shall acquire
the right OF becoming state-and that is by having
the requisite number oflnhabltants.
The present number of Inhabitants in the terrific
ry is not sufficient te justify in assuming at this
time all the duties and responsibilities of state 90
vernment. In order TO sEppy this deficiency, it is
proposed to cut off part OF Illinois and annex it TO
Wisconsin Unfortunately the present division of
the territory northwest OF the river Ohio has been
effected by repeated acts of Congress based upon
the ordinance of 1857 which has become part of the
fundamentallaw o. the land, and cannot be changed
without altering the constitution of the United
States
But ii would seem from the resolutions which
have been referred to your committee, that gentle
men-having settled il in their minds that the
Territory of Wisconsin must have undspuable
and indeeasible right to that part OF Illinois
monty called the disputed district ARE disposed
TO 90 beyond the acts OF Congress TO the Ordinance
itself and when driven from this position in spite
of forced constructions and all the legal and logical
subueties which human wit devise, to 90 beyond
that ordinance even, the original deed of cession
by the state of Virginia 10 the United States, of the
territory northwest of the river Ohio
The subject is an important one, and inasmuch
as upon this imaginary right is based the claim of
Wisconsin to the so called ''disputed district, and
inasmuch as the expediency Of forthwith adopting
measures enforce this groundless claim Is urged
anon this legislature, 1t may not be improper
view briefly the whole ground of argument assumed
by these politicians and to show the taacy OF their
main assumption in the premises.
Previous to the adoption of the present constitu-
ton of the United States, many of the states laid
claim a tract of country on the continent of
America, by virtue of charters from the King of
England. These charters for the most part
contradictory, uninteigible and absurd, by reason
of the ignorance which prevailed at that day with
regard TO the natural divisions and the geography
of this country. The old charter to Massachusetts
was vacated in 1854. The grant to Maine in 1889
was purchased by Massachusetts, in 1914, and the
charter of 1861 unites both these grants The
grant TO the Duke of York, IN 1868, merged in the
crown upon his accession TO the throne under the
name of James Second. The first, second and
third charters to Virginia vacated by gao
,carranto in 1864. Virginia, Massachusetts, and
Connecticut ceded their claims such they were)
90 the United States, but Pennsylvania and Mary
land made no such cesslon, although doubtless they
also had vast pretensiOns under their charters.
But one word upon these charters: can it be sup
posed for a moment by any gentleman that the
King of England had, under the laws of nations,
or the laws of nature, any better right to grant
charters than any other individual had The
alex naturae " indicates that the earth des-
tined for the habitation of all men-indeed under
nature's governments all are owners, and no one
exclusive of the rest. While the " Jus Centrum
grants the 'prima facia" title to the first occupant
or con9neror-( for among jursts the q Il ghts
of discovery as it is called, is a metaphysi-
cal abstraction and amounts to almost right at
ally
However great mockery it may be, still Virgi-
MIA claimed under charter from the King of Great
Britain and when it became necessary to give up
her claim as an indispensable prerequisite the
adoption of the federal constitution, Virginia made
virtue of necessity and gave up what she could
no longer retain.
On the 9th of September, 1850, Congress ear
nestly recommended to the States 10 pass such laws
and TO delegate such powers their representatives
as might enable them to adjust the claims OF the
different States and made final disposition of
the public lands. Virginia responded promptly by
nroposing 10 divide the territory in question into
States of 100 to $50 miles square, provided Con-
press should guarantee a portion to her forever
The first part of the proposition was acceptable, but
the last was rejected for the purpose of avoiding the
difficulties which night arise In future In determln-
inc the territorial rights of individual States
Virginia however, coded on the LIST of March
1854 TO the United States the territory In question
aud one of the conditions of the session was that
Congress should divide the same into States, rs
proposed in the Resolution of the House OF Repre-
sentatives of 1880. The sole object of solictude
appeared to be to prevent the formation IN the west
of too large and too powerful a State, which at
some future day night overshadow the rest and en-
danger the Union The only question was In
what manner should this be effected?
The consideration OF this subject was resumed on
the 9TH of July 1856, when Mr. Grayson, on the
part OF Virginia, propnsed a deed of cession with
the following conditions, TO wit