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


luton"
So far the logic of my friend is concerned the admis
son OF his whole proposition would not produce the con-
cu~on he designs HIS proposition contains two adnls-
sons which press the whole fabric of his argument TO the
ground He admits them to be territories of the UNITED
STATES; and while transferring the power of legislation
from Congress the persons ishabng them admits they
must egslate "under the constitution"
Now, in admitting the territory to be ~terrory OF the
United States, that to belonging to the people OF
the States which compose the Unon the further admis
sion is involved of right in the people of the several
nsa States to enjoy ITS use Ana IN admitting 1 tina, he
tuton" he places their authority under the same limitation
that would restrain Congress from legislation tending to
exclude the citizen of any State from equal and just
participation in the common property.
Surely if the people OF the United States own the terri
tory they have right to enjoy their property without
hindeance; and ii the constitution the territory,
the local legislation must be subject to all It's limitations
So that after all the question raised by the Wilmot
Provso would return with the force ever--is
there power of legislation under the constitution,
matter whether in Congress elsewhere by which the
citizen of any State be excluded from participating
Uniona
But presume the argument of my friend contemplated
power in the people inhabtng Territory to legisate
upon the subject OF slavery and upon all other subjects
not relating to the disposal of the soil.
take issue with him here, and utterly deny to the in
habitants of territory of the United States any original
power of Legislation government whatever within the
territory, except as a result OF revolution.
In the first place, the senator's position is opposed to
the whole OF legislative practice upon subject
From the ordinance Of 1883, respecting the territory Of
the United States northwest OF the Ohio down to the bill
relative to the Oregon Territory reported few days
snce Congress has always exercised exclusive con-
troll over the Territories. An original right in the nhab
,ants govern themselves in any degree whatever
never been recognised until recently asserted
In the next place. his position is opposed the whole
current of direct judicial decision and to the opinions of
| all the most eminent writers upon American political
law,
ment Mo C,aAoh VS. STATE Of Maryland I'm n. 422
Chief Justice Marshall says, speaking of the exclusive
power OF Congress 10 govern Territory belonging to the
United States:
"Wiichever may be the source whence the power is
derived the possession OF 1t is unquesoned Peters
Rules and regulations respecting the territory of the
ron"Ts Cherokee Nation State Of Georgia. Peters
Req, "A
tory is the inevitable consequence OF the right acquire
and to hold territory Moreover under this section TART. 4,
undisPued power Of governing and egatng for the Ter
r'toes erected in Louisiana after its purchase "-ser
As the general government possesses the right acquire
territory either by treaty or conquest would seem to fol
low as an inevitable consequences, that ii the
power to govern what has so acquired The territory
men and subject hc jurisdiction of any State
must consequently be under the dominion and jurisdc
| at a."-3 Slorys Comm, ls3 1914,
To the effect will be found Rawle the Const-
tuition, 237; Kens Commentaries $50, 1856; Storys
Commentaries on the Constitution, 1873
will add authority from Louisiana, which is the
deserving oil attention. from the circumstance that
presumed
with all the mooted questions OF territorial right The
counsel IN the case contested the power of Congress TO
govern the Territories, and conended that admitting
they possess they cannot delegate it, The remarks
upon this case as follows;
"f any doubt could be entertained, it would certainly
vanish consideration of the part of the constitution ofthe
our attentions Congress have power dispose of and
make all needfu and regulations with regard the
need Gne espn wh regard aso to he land OF the
United States considered as the subject Of property is to
ifa he fiyA nns hnu
tie it must be designated, aad when there, must have
p b, % 10 saS
assembled establish government OF their own indie.
sta,e would not the Of the aer be an i'm
piled REIMBURSEMENT OF their title Would not State
thus erected be liberty decline being Incorporated into
| the Union !"
But let try his proposition by general princi
pies.
principles too well established to require demonstration;
First That the legislative power attribute to
eighty.
| Secondly That sovereignty is indvisible.
concede that the several attributes or functions OF
sovereignty may be exeed through divers agencies; but
sovereignty, the exclusive and supreme ultimate au
thorty in State from which all political action pro-
ceeds must from its very nature be complete and inca
pabe OF division for, otherwise there might be in the
same State and at the same me two supreme powers;
which is an absurdty.
Now. then tried by these axoms in political science,
how stands his theory of inherent Legislative right
in the inhabitants of TeTitory' If they possess il,
must be because they possess, some degree sovereign
y If they possess any sovereignty they possess 1t in
its entirety they possess entirely, they
Independent political State, and of course ndepend
ent of the United States, of all the world and the
country covered by their jurisdiction cannot be territory
of the United States for sovereignty comprises ult
mate dominion all the lands within the boundaries
of the society.
This conclusion cannot be avoided if the premise of
the senator's proposition be conceded that the inhabitants
OF Territory possess any inherent right OF sover
eighty" of " sef-government, whatever The pos
session of such right, any degree precludes the ex
sence OF any superior or sovereign authority external OF
the community
| will read passage from the Senator's remarks,
which appears to comprehend his entire view to the
rights of the inhabitants of Territory of the United
States: -
" 1t is not denied that if the people OF the Territory &C
quiesce m adopt the form of domestic government pro-
posed for them by Congress, it becomes their own having
all the force OF law until they alter or ABOLISH IT. But inns
gives To Congress right TO enforce Its egs
ation the people OF the Territories against their WILL
and much less does prohibit the people oil the State In
sg"ty in their domestic affairs"
The republican theory teaches that resides
with the people oil State, and not with lis pocal oBan
zation and the dclaaton oil Independence ntscs the
Hh OF the people alter abolish aud their
government Ii sovereignty resides people, and moi
with the organization, rests well tcith the people If
Territory, IN all that their internal coIdun,
with the people OF an organized State And If it the right
o the people, by virtue OF the nds to alter
Abolish, and reconstruct their government, lit
OF inhabitants of Territories, by OF the
attribute, all that appeanis their domestic
Germs, fashion suited 10 their condition. And Ii.
ihs form OF government proposed to them by