Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-06-24


Housx on RrraEsEsrArIvrs, JusE |, lsls.
The House being IN Committee Of the Whole on the state
of the Union, Mr. RHETT rose and said:
Mn Grammar send 10 the clerks table three resou.
tons which beg may be read for the information Of the com
mtee They passed unanimously by the legislatures
Of the States Of Virginia. Georgia, and Alabama They
tan believe, the principles OF the south on he important
subject to which they elaiephncpes which il IL my pur-
pose to vindieaie and enforce in this debate.
resolution Of the Virginia Legislature
"Resoiped unanimously, That under circumstances
will body recognise binding any enscmsnt BY the Fed
eral which has for its object the prohibition Of sa-
very any territory 70 be acquired either By conquest
"; holding be the natural and ndelrable right Of each
and every citizen of every Of this Conedersc reside
with his property Of whatever description, " am territory
which may be acquired by the Of the United States
yielded by treaty with any foreign Power"
A resolution Of the Georgia Legislature
aBe n further resolved By he authority qfsresid. That
any territory acquired be acquired BY e OF the
United States by treaty With foreign Power becomes the
common property the several States composing this Conied
eracy aud whilst continues IL is the right OF citizen
each and every State reside with bis property. Il every
description, within such territory"
resolution Of the Alabama Leg stature
BE il further resoftet That under circumstances
will this body recognise binding enactnen Of the fede
raj Government which has for It's object the prohibition o. a
very any territory acquired either BY
ty holding the and ndeeasbe right Of each
citizen Of each and every State OF the Consistency 10 reside
with his property, every description territory which
may be acquired by the arms Of the cned States or yielded
by treaty with any foreign Power"
The State represent has affirmed The doctrine adopt
ing all the resolutions passed by Virginia this subeciwod
for word As she did not lead, but merely supported her s
States in the assertion Of their rights, her language may
add but little moral weigh, the position they have assumed
Sir there three methods ~ which il has been proposed
to exclude the Southern States from coonzng any d the
territory belonging to the United States The first - by the
legislation Of Congress the second by future legislation IN
the Territories the third is by the past legislation Of The
Territories before they became Territories Of the United
States The first Of these schemes have met and van
qushed trust, under the OF the Wimot proviso IN
Congress the second is the Wmot proviso be carried
in territories by their future legislatures the last
ams that The Wilmot provso exists already in any terri
tories may acquire from Mexico, and proposes to leave
the full benefit OF its exclusion The ogicians who have
taken up these methods Of exclusion either
take for granted that very hard to exclude from
Territories and therefore the necessity OF multiplying expe
den they have confidence in any Of them, and there
fore the old of weak deuge oil words One
ground enough, if good shut outs and making them
three three hundred if not good however complimentary
their ZEAL will add nothing the justice Of their policy
Agreeing in one hingthe right OF excluding the Southern
States from Teitores-they disagree in the mode Of
comprising this end and, in their dsagreenenis, break
the force of each others position Has Congress the power
exclude the Southern States from Territories II So
il must be because Congress omnpo,ent The subject
How then, the Territories be omnipoient Where Is
the territorial sovereignty by which to be excluded
And Congress the Territories have the power exclude
US how that compatible with the doctrine that
cluded already BY the preexistng laws Of Mexico If the
pre- existing laws of sovereignty settle this matter, IL
will be difficult to show that have any proprieorshp in
the Territories for either Congress the people OF Terri
tory from the United States exercise, for exclusion
These various positions, II fairly reasoned out instead OF
porting destroy each other. isproper however, they
should be taken up separately that all the weight each OF
them bring to show the reasonabeness Of the CON-
policy they PROPOSE should be fairly brought forth in
debate Weak the argument has proved to be- support
Of the power of Congress exclude us think will appear
upon examination he by far the stronger of the three
pediens AT the last session of Congress endeavored to
show that Congress had power under the constitution TO
exclude / propose consider first the Teri
tories, by their legislation exclude And, secondly
excluded by laws Of Mexico In other words the
inhabitants of Territories, Mexcans, sovereign in
Territories
And in the FIRST place. Mr. Chairman, before into
argument about Territories let understand what they
The word territory in the sense in which il, and
the thing ITSELF is anomaly IN the Governments of the
world and exists alone the United States the result of
peculiar form Of Government Territory Is neither pro-
vince, colony, Stale. The constitution speaks Of
territories belonging TO the United States, and speaks OF
States new States may be admitted by Congress into the
Union" Territory appears be temporary deper
dency the Government Of the United States for two pur
poses lst dispose Of sell the public lands, and, 3D.
States" II is a colony province, be-
temporary in its dependency it is not yet State be-
dependant. II independent Of Congress, would be
State because possessed Of supremacy the very essence OF
sovereignty. II the Of these Is correct to talk Of
territorial sovereignty sovereign territory to
be territory mus, be subordinate dependant and, sub
ordinate dependant be sovereign. The consiiu
ton speaks OF Territories and States of the former speaks as
"beongng the United Staesn clearly conveying the idea
Of ubordina,on and ineory Of the States nouch language
used.
Bot the Territories are subordinate TO Congress- what is
the Of this subordnation "Congress shall have
power dispose Of and make all needfu rules and regula
tons respecting the territory and other property belonging
to the United States" Here q two-od powe' bestowed
l. To dispose cell the public lands; mike all need
fol rules and regulations with repcc the territory pro
pey for it's spoken Of in connection with the other pro-
perry" Of the United States. Now, what the needfu
rules and regulations which Congress may make fairly incl
dent to territory property ITO dispose Of" sell
the public lands the primary object But his be done
without government and laws which viii the title TO
the settler and protect the purchaser in the quiet and peace
able possession Of the property sell to him Who viii
purchase land emgrafe to Territory where there is no
safety for person property To fulfil, therefore, the
mission given Congress sell the public lands in Tern
tory may fairly be inferred, incident under the words
to make all needp rules and regulations that Congress
may authorize and up restricted government in e Ter
ritoies 10 this way justify the legislation Of Congress,
which, in all times past, has prescribed government or our
Territories Congress has al introduced the courts II the
United States into Territories This suppose TO be
uhsbe under that clause Of the constitution which extends
the jurisdiction Of the Of the United States TO all con-
overses between citizens OF different States" UndoIh
edy must have been anticipated that the emigrans TO ou
Territories would he chiefly the citizens Of the different States
Entering Territories, passing under another sose
reignty, they continue still citizens OF the different States,
and have night 10 have their tried, according
TO the guaranty Of the constitution the Of the Un
ted States Hence Congress, willis, prescribing needful rules