The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-06

To negaie this theory. will read single sentence
from the late work of eminent fellow citizen of the
| senator
"As State properly be considered at once sove-
reign and subject so State with proprey be
considered half imperiecuy supreme -pVneaon
dttonai Llc, p. 81.
No; nothing be clear than that the inhabit
ants OF Territory must be altogether subject political
control by superior authority, are altogether indie
pendent and sovereign in themselves For this last alter
native the senator will not contend and the first is there
fore undeniable.
senator's theory grows as apprehend, out Of misap
prehension of terms He speaks of the inhabitants Of
territory OF the United States ga people" They not
people, in political sense they compose civil soc
ETY. They are sirpy inhabitants Of territory of the Uni
ted States Their condition in this regard very well
described in passage which will read:
"a society of men, by whatever ties and for whatever
purposes they may be united to one another not com
Plee in ITSELF If 1t has within itself independent
executive subject be controlled by any power with
out Such society, therefore, though formed for civil
some other State, and Is usually called province to that
State in particular from which II receives its laws by
Ruthrfmths Institutes, p 49,
Another misapplication of terms, as think, is in the
use of the word "terroy descriptive Of political
organization There is, in fact such political civil
organization The term is only pre- cable of the lands
covered by the jurisdiction of State nation Terri
o has nG IN ne IN amy Ged
otherwise than as descriptive OF public domain
II the persons inhabng territory composed civil so.
which they fine ey we're adepenae en- Of the
control OF any other authorty-they would then possess
the right of seifgovernment and of legislation, because
they would be sovereign But, failing in all these es
sent elements of sovereignty they fail altogether of
any right of legislation.
conclude that the inhabitants of Territory of the
United States have no original Or inherent rights OF gov
eminent or legislation.
come now to the question: Where is the right of gov
ernment'
Whose is the territory' The answer to this will de-
termne the point. The constitution describes it as "ter
ntory belonging to the United States That is to say,
territory belonging 10 the people of Maine, New York
under the constitution. The government OF the United
States them possesses the right of government the
common agent Of the people Of the United States, in
whom inheres the sovereignty over it, and the complete
and exclusive Jurisdiction which this sovereignty, by the
laws and usages OF civil society, confers.
'Besdes the eminent domain, the sovereignty gives
propery,hat is the cmpb q, or right of command
IN all places OF the country belonging to the nation"Vu
THE domain of the nation extends everything she
possesses by just title it comprehends her ancient and
which just In themselves or admitted such among
pn rchases conIuests made in reg
ular war; Xc And by her possessions ought only
Ijoys"-Vaitsl. 1885, O '' ''0 ''A''' ''' ~
The people Of the United States them in their fedora
tive relation, as owners of the territory, hold the
eighty, and with it the jurisdiction and complete right of
Legislation over the acquired territory AS coequal own
ers the United States coequal soveregns it, and
common agent, without any other restraint than results
from their federatve character and the of their
union In respect to other nations, they stand the
ercmsue owners and sovercigns OF the territory In
spect to each other, they stand Gqua jureas
owners and soveregns, confederated in united govern
ment.
1t is mmaterial from what source we deprive the pow
er of Congress to act the cdmen agent ln the govern
ment Of the territory Of the United States Whether this
power be attributed to express grant under the clause OF
the fourth article, which empowers Congress to make
all needful rules and regulations respecting the territory
and other property belonging to the United States. or to
authority implied from the right acquire territory by
treaty OF conquest, the great leading fact still remains
that the territory belongs to the people OF the United States
~ Their ederatve character, and that Congress acts in
the administration OF IFS use the agent of the whole
Asowners. the people Of the several States hold in
equal proportional degree with equal rights to its control
and its usets USE not only with reference to its profits
but Its bearing upon their respective development
As agent, the United States government must be re-
garded as trustee, Representing and exercising the
other; and bound, in the administration Of the trust
property TO apply It 10 the just and equal benefit of all
without discrimination Or injury to any, and with con
slant regard to the equality Of the parties interested.
With these purposes, and under these limitations, Con-
gress may govern the territories. and may eaploy such
subordinate officers or agencies to administer its mandates
as may seem to best 1t may vest the whole functions
OF government within the territories in one man
era in governor, or governor and Judges or gov
military rule, may adopt agency modelled into the
fashion of a civil government But whatever the form,
these agencies subordinate governments il you choose
to call them exercise function that is not per-
med to the Congress that created it, and its
authority subordnaon to the rights OF the people OF
the United States, to whom the territories belong Hence
is that in all the prescribing rules for the govern
ment of Territories the agents specially limited
powers not inconsistent with the constitution and laws
of the United States"
Provinces the of States. and become the D.
pendages of other Staes having kind of author
ity in enspes. Whether therefore, such province is
governed by president or by assembly, is ndier
point which doth not IN the least affect the proper
eeignty nasuch both he and they bear only subord
nate delegated b. 7, ch 8, I6
Now, then, let me ask by what authority, upon what
by permission to its subordinate agent the territories
undertake to exclude from participation upon equal terms
with all the rest the people OF any portonof the United
Staesl Is not the territory the common property OF all
And is not the Congress the common agent OF all
Is the territory much the property of the people of
Georgia OF Massachusetts,, and the Congress much
The agent of Virginia OF New York Why, then,
should its advantages be partially distributed State
benefited by territorial possessions in their by
population, in the strength and security they contribute
to her institutions, and the dignity they add to the Com
monweah. Yet, by the exclusion OF the citizens of the
States of the South all these benefits are denied them.
Nay more their security is actually endangered by the
coercive establishment, adjacent territory, of cemmu
mites having institutions of hostile and antagonist ten
dency, and their dignity is tramped upon by dscrnl-
nation which degrades them;
II will be observed, that speak OF the prohibition OF
of the saveholding States. II needs no Argument to
show that the occupation of the Territory is made TO
depend upon condition which involves total change
in The habits and capital of citizen, and disruption