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


those people without government
Well The senator has referred to the admission of
Missouri petionng Congress in 1919, forming State
constitution in 1870 Ultimately avoid the very cues
lion which agtaling the country proposed get
Mound all parliamentary usages, well constitutional
reguations Will the gentleman recoect the condition
of Missouri and what it was which chiefly caused that
which has been denominated COMPROMISED Sir, Mis-
sour had formed State constitution. She had her
legislature and her officers and she was State, But
whether she should become State of this Union
depended upon Congress, and the conviction OF the
fact that she was State, armed with political power
which belonged to her as State and that # Con
gress imposed terms to which she would be unwilling
10 submit, she might and would stand aooi; and the
conviction OF the want OF power-and when speak OF
power mean power sustained by the moral feeling OF
The counry-he conviction of the want OF power to
duce her again the state of territorial submission, ope
rated largely than the influence of any individual
man TO produce that final adjustment, commonly con-
uected with the of referred 10 by the senator
from Kentucky who says that he has heard that II is de-
sired TO postpone the consideration of this question for
the purpose of having the aid OF that distinguished ndi
vdual
Mr. BELL 1t was suggested to me, sir
MIR BERRlEN. mention 1t IN order to acluit my
self OF having thrown out this idea, of having heard it.
or even in my dreams having formed conception of it
do not know what others may feel disposed to do but
am here, in my humble way, to discharge my duty,
asking for other, and seeking for other aid than
that which every senator, trust, will feel himself at
liberty to invoke
Now, sir, the proposition is this. territory is the
dependency OF general government which exercises
cannot therefore, form constitution without the
of the principal power, Now, concede that for the pur
pose OF argument When that is conceded, then comes
this question Does the power to consent to the for
nation OF a government upon the free principles which
regulate all our instituons-does the power to
sent that the people OF territory shall exercise that
right necessarily include the powersO the right
BY Congress itself Does the power of Congress to
sent that the people of the territory of Missouri for
ample may form constitution or State government, in
cue the power of Congress form State constitution
for them' If it did not then Congress has power to
create State, upon the argument of the senator himself
The power 10 create it is with the people There must
must be great small and unless to become
nation of sronaus, they must have some territory to
stand upon But the power is inherent with the people
and is to be exercised either egmaely by them. with
the consent Of Congress- by the exercise of evou
tonary right, if Congress shall withhold their assent
The that they (he people of the territory shall
form State is not the act of forming State by Con-
gess any than the consent OF Congress that the
people of the district of Kentucky, with The assent of
the people OF Virginia, should forma State, the for
nation by Congress OF the State OF Kentucky The
vention OF Kentucky in April 1902, formed their consti-
tuition: and if the senator will take the trouble to ex
anime the papers in adjacent ruom he will find that
November, announced to them that they had deposited
copy of the constitution which they had formed in the
preceding April Kentucky therefore, admitted into
the Union June 1892, and the constitution was formed
in April 1892. 1t remained therefore, in this state of
suspended animation, in which the senator supposes
State government be until their delegates have taken
have any delegates to take their seats here, By whom
the delegates from the States of Kentucky and Mis-
souri, elected' Were they not elected in conformity
with the provisions of their constitution and laws'
Were not their constitutions operative? Did they,
By taking their seats in these chambers, give reoact-
i've effect to the laws OF Kentucky and Missouri IA
troactve vitality which they had not previous TO those
elecions'
Mr.. President, do no. desire to occupy the time of
the Senate upon this subject; but do most anxiously
desire 10 state the principles which believe to be
In he nF
and especially valuable to them because they are nds.
ensable to the preservation OF the nation itself did
far as may contribute to it. these views might be
ecty understood should deplore the belief that the
people Of these United Sates-by, which | mean the
people of the several States in the Unon-I should
depoe the belief that they could be led into the SUPPOSE
ton that such power that claimed upon the present
for Congress vested in the Congress of the
United States should deplore the belief that they
could be led into the supposition that disposed
TO depart from the uniform understanding of our prede
cessors in the Interpretation of those powers granted by
the constitution TO the Congress OF the United States,
for the admission of States, and to enlarge it
into the constructive power TO create new States of
this Union and that, in this age OF progress, when
perhaps is not possible for any man to settle the
limits OF the accessons OF territory few short years.
TO be made by the government OF the United States,
they should suppose that the government is possessed
oarower to create successfully States OF the territories
which may be acquired in the spirit OF conquest and
neXatlon.
The senator illustrates his proposition by an argument
OF ms sort State Is not Stale until II is admitted
into this Union
Mr. BELL made correction
Mr.. BERRIEN. Well, | will give him his very
words; no State can be formed created.
Mr BELL No, SIR State can exist
Mr. BEhRlEN. Well, if it exists, it must be formed
OF created No State then, exist in any territory OF
THIS Union, unless it be created by Congress until il is
admitted into the Union. With this modification, think
Tue argument gone, unless rellnquish sovereign
y Why sir, the consent given by act of Congress to
me people oil territory to form State government, is a
REIMBURSEMENT OF sovereignty quo dd hoe. II is relin-
qushmen OF the very sovereign power which the
Tor IRON Tennessee claims for them. When the Con-
gress OF the United States therefore, have given their
consent to territory to form constitution and State
government, they become State No, says the sena-
or not hil they admitted into the Unon because
congress exercises sovereign power the territories
ana State cannot be State when any foreign power
can be exercised over it, That is total humiliation of
every State of this Union We have no longer State
o. inns Union, because there is no longer sovereign
oae IN thus Union within the limits of which this gen
gTd government may not exercise sovereign power.
Inc power OF taxation, | apprehend, is sovereign
power within the limits of the States and there fore,
quod ero demonrdndun, they TO be States Now,
s surely thus argument will not commend itself to the
ueloerate reflection OF the senator himself.
me true state of this fact, apprehend is this the
constitution of the United States has enabled the Con-
pr 'e government OF territory Under that clause Of
me constitution, they exercise the power prescribe
territorial government; and while that people re.
NAN anner That territorial government they func-
u.' oUic'o the government of the United States, by
us supervisory power, controlling the legislature OF
ra' territory, as subordinate legislature But when
uhs'esS snai have parted VITA that sovereignty when
ey snail have consented that the people of that terri
y IN The exercise of their privileges as feemen shall
roIad consultation and State government; them sir is