The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-01

positions contend for If conceded conclusivey estab
sh those advanced by others support of the rights of
the citizens OF the southern States
The creation OF corporation and its endowment with
franchises borrowed from the people, is also the
distinguished statesman, (Mr Clay) it is one of
the most exalted attributes OF sovereignty" wide
his speech against the Bank of the United States,
in Senate, February IA, 1s1l) Without delegation
by the people TO the legislature Of such power in their
fundamental law, either expressly by implication,
such act by The Legislature is usurpliion Hence,
while Congress may create the municipal corporation
called territorial government it cannot besow upon it
any functions and powers OF sovereignty, except tempo
ray, and imper'ouS necessity for the benefit OF the
people of the Territory absolutely demands The doctrine
of inherent power In Congress is german to that of
the divine right OF kings, and about susainable
Congress has powers not enumerated in the federal
constitution and, upon the principles have sought to
maintain if there to be found in the constitution an
express declaration that Congress should have the power
to exclude the institution OF domestic servitude in terri
tories acquired by CONQUEST cession do not hesitate
to say that for one would denounce il as an usurpation
the rights OF third persons, not pareshe people OF
the Territories; and violation of the fundamental
principles of our government.
If Congress does not posses, the power to exclude the
institution of domestic servude, cannot confer il on its
creature the Territorial government That government
cannot possess any greater powers than Congress- from
whom il derives its existence. The territorial goe,rn
ment has inherent powers The notion that it is
government of the People Of the Territory Is founded
confusion of terms and ideas. Its origin is not from
such people, bat from the law of Congress usually
styled the organic law establishing it. An extra
neous powerhe federal authority OF the United States
appoints their executive and judicial officers and
most of their civil officers They paid out of the
federal treasury The appointing power to such Off
has uniformly been vested by law in the President of
the United Sates In other cases OF appointments
tuond offices in the States and in the District of Coum
ba,) and in than one instance the appointment Of
the Territorial legislature also has been vested in the Pres
ident The legislature are paid by the United States
When the people OF territory have been allowed select
the legislators, the selection has been merely of
OF THE FEDERAL GOVERNMENT, and under the rules that
government has itself prescribed in the "otganlc law"
And BESIDES Congress has always reserved upon
the Territorial laws. The Territorial government is in
no government of the peoples derived from
the peope-and it is mockery TO call it a government
OF the people 1t cannot exercise, because has not
had delegated TO it, and could not hare delegated to
it, any of the attributes of Sovereignty which rest in the
people of the Territory, and in that people only. When
is sai therefore, that the people of Territory have
the right and power TO nhb the institution OF domestic
servitude while It s true in one sense, | shall
presently shows f is intended TO assert that the Terri
t0ridl government can do so) the asserted right
be sustained. Whilst the Territorial corporation exists
and until the people OF Territory, BY the formation and
eminent, awake their sovereign rights, powers, and
attributes into active existence, those rights, powers and
attributes are dormant, and in allegiance. Neither Con-
gress the Territorial corporation exercise them
am aware that the distinguished senator from South
Carolina, MIR. CALHouN,) distinguished member of
the House from the same State, MI RHETr) my hon
oable colleague and others, have advanced views some.
what dissmilar to mine in relation to were this
eign power is deposited whilst the territorial corpora
ton is in existence, and before the State government
established They make the people of the several
and respective States of the confederacy the repositories
of that sovereignty The State Democratic Convention
of my State recently adopted resolution recognising
this doctrine. do not acquesce IN its soundness. In
the first place. deny It's correctness because it not,
conceive, in accordance with the great principle of
free government and political liberty, Il have before
alverted to- that foreign government or
people rghlfuly possess the sovereignty of another
separate and distinct political community | deny it, sec
ondy, because, if admitted, may amount TO virtual
>f all a.
say virtual practical concession; for if it be cor.
rect then the several and respective States" may, at
future period, alter the federal constitution so
confer the power upon Congress AS before stated,
with such provision in the constitution, would still
resist its exercise by Congress usurpcd power by
the several and respective States, belonging 10 the peo
pie of the Territory, though they could exercise il till
assembled IN primary sovereignty to constitute their
State government But the difference haze adveed to
upon incidental and collateral part OF the argument,
and 1t is not material that should notice 1t further. 1t
does affect the similar conclusion which all those
who thus differ ultimately arrive believe the people OF
Michigan were right, when some years ago they abolish
cd the territorial corporation, established their State gov
ernmen, AMI demanded admission into the Union. For
years sought to induce the people OF Florida to
follow In their footsteps We met formed and adopted
State constitution in 1S3S-39 and were causelessly
and arbitrarily denied mission till 1915. Consistently
with the principles which our government is found
ed cannot arbitrarily oppose this right of peaceful
political revolution and assumption OF the right OF self
government by the whe citizens Of the United States in
Territory, If of sufficient numbers to entte them to
representative IN Congress- and Otherwise possessing the
proper and constitutional requisites for a sovereign
State rteneUr they choose 10 ererctse a. except by advice,
persuasion and To prevent its by force
of legislation by force OF arms, would be tyranny
despotisn A republican government is less excusabe
for disregard of principle and for despoc than
monarchy The only apology for opposition to free
men in asserting and maintaining the right of self
government that could exist in any case, would be the
danger Of injury to vital, at least to important
of the government of the Union which could not
often be urged with truth The admission of such
State into the Union is other and different question,
not necessary 10 consider though i'll deciding
similar rules should control.
comedies to Congress the right to charter the temporary
and limited municipal corporation called a Territorial
government, and to regulate, empordrRY the elective
franchise AMI the eligibility TO Office territory, grow
out OF the necessity OF the and the denial OF its
right exercise all the attributes of sovereign power
controlling necessity exists with respect to the inhibition
of domestic servtu1e. As political institution, it is
formahc to the federal constitutions and the prohibition
OF 1t IS grauous act, superogatory entirely, and NO,
called for, indispensable TO the establishment of the
Territorial government, and which the sole for
the exercise OF power by Congress at all, to any
extent.
Mr. President the views have Just expressed are not
made up for this occasion More than eighteen years
ago emlgraed to a Territory and held for years an
executive office to fulfil which II became my duty TO
vestgate the character and powers of the Territorial gov
maintained executive officer of the Territory OF
Forida-as judicial or civil officer, after resigned my
executive APPOINTMENTS a member of the convention
which formed the State constitution, and member OF
the Territorial legislature The very questions now un.
der dschssion TO the power of Congress- and of the
Territorial legislature, discussed in the public jour
nails of Florida, and various legislative reports, and
other documents; and have heard very little in either