The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-22

IL
cal community, body of men organized for the pur-
poses Of civil government" Those who have been re.
publican in their tendencies have generally usel the
"Stie, applied 10 republican IN conrtdsiineton from
other less Tree forms OF government State repub-
liean III coniradstneuon from monarchlca form of
government. But the definition which | submit TO the
honorable senator and to the Senate rs that Just men
toned which is sufficient Tor the purpose-'a body OF
men organized Tor the purposes OF civil government"
Now, sir, the proposition 49, that no power bat that OF
Congress can create State Well, sir, look first at
the constitution presume 1t was opsus itngue upon
the part of the honorable senator when he said that Con
gress had the power to do anything which not pohb
tied by the constitution That was the proposition stated
By him | thought II was under Misrepresentation of
terms the moment. but the senator agrees to the popo
ston Now sir, what is the power OF Congress How
far does extend If you look at The constitution you
will that it provides that all legislative power
herein granted shall be vested IN the Congress OF the
United States" There is no legislative power be.
longing to the Congress Of the United States, then.
which is not the result OF an express grant, or some
power necessarily incidental to it. look into the
constitution also upon this question OF the right of
creating States and find power IN the constitution to
admit new States The subject was therefore before
the mind of the convention. look again into the
| constitution, and | find power to make rules and
| regulations Tor the government oil Territories But
in relation TO the transition OF territory from the
condition OF a territory that OF State, find no
provision in the constitution IL, then, 1t be true that
legislative powers are vested In Congress but those
granted by the constitution, this reference TO pro-
visions would exclude the idea OF any power
create State. The interval between that period when
the people Ill the condition OF territory and that in
which they emerge the condition OF State, is
the constitution, is unprovided tor IN the
stuton and apprehend that ii is purposey unprovded
for The had III their mind The condition OF
territories when they inserted in the constitution that
clause allowing Congress to make rules and regulations
Tor the government OF leutory and they had IN their
contemplation the admission of new States into the Unon
when they inserted the provision that Congress should
have the power TO admit new States Now, call upon the
honorable senator ana the Senate to say, If the
vention decided invest Congress with the power Of
government the territory before passing through
It's chrysas state, and after 1t had passed through that
State providing that should be admitted into the Unon
whether it would have overlooked the intermediate state
that of its transition No, sir, was omitted, and pu
posely omitted in obedience to those great and free
principles by which that convention was actualed IN the
formation OF the constitution was admitted in honor
to that general principle of sovereignty which belongs
10 every free peope-that those who are TO constitute
a State, are those who are TO organize that Slate.
And, sir, this Interpretation OF the constitution has
been fortified by the uniform usage of this government
The exceptions which have been dwelt upon with 50
much earnestness by the senator from Tennessee, will
be found to be exceptions at all Inc proposition lad
down BY the Judiciary Committee is that States have
been admitted of Two classes There have been States
formed out OF portions OF other States and Naes formed
of the territory OF the United States, coded by other
States to the UnIon or acquired by the government IRON
! foreign powers ~.
Now, in relation to the first class. it is said in that
report that Congress have admitted States formed Out OF
other States into the Union without subectng them to
the of territorial pupage they have required IN
other cases, In relation to territories ceded BY other
States or territories IRON oegn h
constitution OF the United States as have interpreted 1t,
to subject them in the first instance to the puplase OF
territorial form OF government, before they have admitted
them as States. The senator from Tennessee supposes
that the case OF Kentucky affords exception, and
proof OF his position that Congress has power TO create
a State Viii the senator for moment consider how
total is the want OF analogy between that and the
| case now under consideration; how totally differ
ent is the power waich was exercised by Congress
| in that case, and that which II s proposed now 10
| exercise? That power exercised by Congress
under the clause OF the constitution which declares that
the consent of that State Kentucky was district of
Virginia The people OF that district desired TO form
separate State. They apped-to whom To Congress-
to create them State? No. sir they were part and par;
Gel of the State of Virginia and to Virginia they applied
for act authorizing them to form an independent State
government This application was prolonged Tor several
years, account OF some difficulty as TO the terms upon
! which that consent should be given.
! Mr.. DOWNS. Will the senator pardon me for mo-
ment for making inquiry He seems TO intimate that
the people did not apply to Congress for admission: IS
| that the ground he takes
Mr.. BERRtEN | should have come to that in no.
ment. if the senator would have permitted me. IneT
original application the legislature of the Stale OF
| Virginia.
Mr.. DOWNS. Then they did apply TO Congress after
wards'
Mr. BERRIEN. Unquestionably; and if the senator
would have waited. | should have stated that TACT |
could not have overlooked it. Their original appca.
on. as said few moments since, was to tne State OF
Virginia When they had surmounted all the difficulties
Of the legislature of the State OF which they constateda
part then they made application to Congress, to con
sent TO the form ilon of State Now, Sir, dld the legs
ature of Virginia create that Sate' Did the Congress OF
the United States the Stae They gave their
sent that the people of Kentucky should form State.
Virginia gave her consent in the first instance because
the difficulties had been removed Congress gave lis
the second instance because the people OF that
district had complied with the constitution, and had OBJ
tanned the of the State OF which they had Orneda
part But in reference to both, it mere consent that
that should be done which done by the people of the
district, in the exercise of the rights OF popular sover-
eighty, in the formation of their own Stat That
State they did ferm-that constitution they did cstab'
lish-before they were admitted into this Union. The
at the time at which the district OF Kentucky should
form themselves into State and establish constitution
Therefore, sir, repeat there has been unorgan-
lied body of men admitted by the Congress OF the United
States State OF this Union
But there is another proposition of the senator which
may require moments consideration 1t is that Con-
gress, regard to its Territories, has the controlling
power the people of the Territories They de-
pendent upon Congress. They cannot therefore form
constitution without the consent of Congress, unless
be in the of what the denomlnates the
right of revolution Now, sir, he will not hnd- he VIII
DO the favor to review the report of the judiciary
Communicable will not find in that report any PROPOSE
ton conflicting at all with the proposition which he
thus states The committee have traced the course OF
tins government upon this subject and they have sau
that Congress- in the of this power to make Iues
and regulations for the government of territory gives us
consent 10 the people OF that Territory to form State
They have not expressed any opinion upon the propose
non, that maintained by the senator from Floia'
that in the absence of such it would be com
petent for the people of the Territory, for themselves,
to form State constitution, and erect themselves nioa
STATE government. But the general thought and view