The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-01-30


OF The gentleman from Illinois, Mr. MCCLERNANDl He
deals IN differences on quite splendid scale, not appca
bic to our government only but 10 all governments Tie
puts the sovereignty OF Congress- the government over
our territory, not on any grant in the constitution, but
upon the ground that incident 10 all government Il
acqufe territory; and government having, by this ai-
thorlly, acquired territory, Is sovereign over 1t.
| Now, admit the principle contended ior-that II Is 4
necessary incident TO all government TO acquire terrific
ry-does the conclusion follow that the government. i'll
our system OF government is sovereign over the terrific
~ After the territory is acquired IT matters not by
what authority, does not fall under the provisions OF
the constitution Ii does, then the restrictions in the
constitution determine with whom lies the property,
well sovereignty the territory; but If il does
fall under the provisions of the constitution, then Con-
gress or the government may away to foreign
ion or erect monarchy within its limits Being
egn by sort OF political convenience il be respon-
sble to no superior will or control But, submit such
conclusions must appear from their simple statement TO
be wrong. All the provisions of the constitution,
none, extend over territory acquired All the provisions
of the constitution extend them-hose guarantee
ing republican form OF government TO all the States ad
United or to be admitted into the Unon arising IN our ter
rtoresprobbiing orders OF notwithstanding the habeas
CORPUS act and trial by jury the czenand especially
that provision IN the constitution defining the powers OF
Congress over our territories and declaring to whom they
belongall are OF force any acquired territory.
Congress has legislative powers but those herein
granted granted in the constitution But the princi-
pie OF the gentleman sounder than his conclusion is
the necessary incident to all government 10 acquire terri
tory! Sir, think it would have been better the gen
tleman hal announced his proposition in another form
is the necessary incident of all government rob y
For why should government have, necessary Incl
dent, the right of despoing neghbor of his territory
aud not take his other property! Land is only spe-
ces OF property 1t may not be whit less convenient,
and far more valuable to take ships on the ocean levy
contributions from cities towns. The republic OF
Rome seemed to think that it a necessary incident
to their government tribute from all nations Their
territory they scorned The Barbary powers short time
since, confined this necessary incident their government
to the sea and the commercial nations of all Europe
put under contribution. We, however did not like the doc
rne and abolished at by the potent arguments OF
and ulo has al
incident to her government despong citizens of
many millions Sir, think TO acquire territory any
Territory may be desirable convenient TO country or
1t may be injurious and dangerous. Location and circum-
stances must determine the question OF interest. Take
the which gives to this discussion Is the ac-
QUESTION OF territory from Mexico necessary to the exist
ence or liberties of the Union' No will affirm that
IS; whilst the veil OF nturity covers so thckly its
will strengthen will dissolve the Union. is the dark
theme of fercest speculation But admit the benefit
when territory is acquired, it must belong TO those TO
whom the government belongs II the government be-
longs to despotsm, then the territory belongs the des
pot but the government belongs TO the people, then the
territory belongs to the peopethe people of the States,
with whom, IN our system OF government sovereignty
exists Whether government of the United States
acquire territory for the people of the United States
longer question The power was strongly doubted on
our first acquisition Of territory but the Supreme Court
and the subsequent action of the government have set
tied the question. But it has been settled that the
of the United States sovereign over the ter
rltoes; and therefore beyond the reach and ima-
tons OF the constitution
/ Another doctrine has been announced, only little va
RANT from that of the gentleman from Illinois 1t is said
that there is an inherent Sovereignty an the government
of the United States, whereby it acquires errtory and
when acquired, this inherent sovereignty operates over
the territory, beside and above the constitution 1t is
reasoning in IL II is naked assumption; and if it is
good in regard 70 the territories, cannot perceive that il
Will not hold good as to any other object OF government
1t therefore aboshes the constitution. may not, how
ever understand what gentlemen BY inherent
eregnty In sense, all sovereignty inherent but
suppose the word inherent to be used contrads-
ngushed from derived" Formerly it argued that
sovereignty in the general government derived from
the States through the constitution of the United States,
which granting sovereign powers granted sovereignty
In this view, the sovereignty must be coextensve with
the granted powers only But this will not suit the
advocates for sovereignty in the present emergency II
will restrict the alleged sovereign powers within the
terms of the constitution and the constitution gives
Congress only the power to dispose Of and make all
needfu rules and regulations concerning the territory and
other property belonging to the United States. This is
decided rebuff 10 their preensions They therefore got
up this inherent sovereignty in the government to
qure territory that the government and Congress may be
absolute II when acquired, and the free States may
by their instrumenaliy appropriate it all to themselves
Sir here is doctrine, at which the old federasts of
0s and 30 would have stood aghast They regarded the
constitution paramount to the government in all lis
operations. They never pretended to deduce any pow
ers but from It's express provisions. They inferred
powers by refined construction, from its special grants,
when they passed the alien and sedon laws; but they
never claimed powers, much less the highest of all pow
ers--annhilatng the onstuion-annh the State
soveregnes, and creating an irresponsible despotsm in
the Union they never claimed inherent sovereign pow
or to be in the general government As citizens Of proud
commonwealth, heemen in the confederacy, they
would have spurned the idea that the general govern
ment, in any of its operations, above the consttu-
ton, above the States, and above the peope-capable,
by its despoc behess OF acquiring territory, and then
ording it supreme the territory when acquired.
Why sir, cannot gentlemen perceive that when they
talk of the government being supreme IN such matter,
they in fact vest the sovereignty IN the President? Who
is to acquire the territory whether be by cesson or by
conquest The Executive must be the government IN
the whole affair." and if the constitution does not apply
to it, why should he submit the matter to the considera-
ton of the Sehate3 Why should he ask Congress for
means' Sovereignty over matter, implies omnipotence
over the means well as the end. He may raise
enter career OF conquest for his discretion II he IL
sovereign must govern to the territory 1t is the sove
reign incident to the government to acquire and the way
OF acquiring it, All his acts must be legitimate, no
matter what may be the consequences and all that the
people of the United States will have to do will
ted States, viii he thrust aside impertinences
in the career of this sovereignty. IT IT is
to be inherently sovereign to acquire, and sovereign to
rule after the territory acquired; to say that is not io
be inherently sovereign Also to the means to acquire
and rule, II must be in the very
tue of things put the constitution aside; and dis
guised it may be- by soft phrases and honied pIoes
sions this inherent sovereignty IN all It's nstrous pro-
Portions stalks forth IN argument, every inch KING
Sir fear that have said too much on this proposition
of inherent sovereignty TO discuss it may look if il
had show OF reason 10 justify It, II is indeed de
plorable that such doctrine should be put forth in the
Congress of the United States after the constitution has
been in operation fifty yearsand put forth by members
of party whose cornerstone is aid in strict adherence
TO the constitution Is the contest of '9S and 49, and the