Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-02-14

'es Io, ouyau authority but by force oil an ihne'
no. rb, of self.governmen,, they become W
e.',a independent; and the public DOMAIN o ae,
;nc in the sovereignty ofthe State; as don't SOW
of all title attaches 10 this ne" ri is extinct
rsgniv and thus our title 10 the ana ,;,ut,on We
ereiS"'s, anu 'lus ,ar,,s of the constitution we
- ',,bnr;zed IN make rules and re- -:
dc Government of the terriioles' -,
re can regulate our lands ~
1.,. rho people Sir, what KIM o' fesu''eo"
ia'e .'c ~, he , What sort of regulation Is
,b,t which regulates an lnanimate ooIect o'iiy'
hn, ;s binding upon nothing animate binding
,ha land but not the people who inhabit II !!
IF YOU make regulations with respect to your
land, YOU must regulate the MODE OF acquiring
tile and the mode of transferring title You
mus, have some law in relation 10 these matters,
for YOU can have no title as mere owner OF me
land without s,n.ie law 10 support 1t. Your Ia"
must regulate the people living upon the ANU
If disputes arise between you and some Vi OUT
tenants You must have some law 10 Regulate
those disputes and you must have so:'e 'rip"hai
10 decide them you must also have some exec
u,ive power to carry those decisions INTO erect
know not how yoa are to administer law 10
region where there is no law and no trioo-
mails for ADJUDICATION, and no executive Officers
10 enforce DEGREES. Without these agencies any
regulations that Won u.ay make are nugatury and
ueless You canno; control your land unless you
have legislation, nor unless you have executive
and judicial authority somewhere. We'll, sir,
when you have these three branches, you then
have the outline at least OF political govern
ment. Ii is impossible 20 proceed one step to a.
ny practical purpose, IN my Judgment, IN regu-
lating the territories, unless YOU have not only
the form but the ;senials of government. When
you have established regulations for the acquiSI'
lion and transfer of titles you have entered up
on legislation. When you have created an ex-
ecutive and judiciary, you have assumed poii'l-
cal power. Where, then is the limitation winch
ties You down TO any particular subject or patti
culsr course Of Legislation? Is there any iImt
10 your power but The limit OF legitimate legs
latlon aud sound legislative discretion: Sir, Is
il not clear that the power TO make rules and
regulations respecting the territory of the Uni
ted States carries with 1t legislative political
power And is 1t not further apparent that with
out that accompaniment the power conferred by
the constitution Is Inpoteni:
Sir, am not disposed to occupy the time u
the Senate upon tins point. nave mad occasion
heretofore TO express my views more formally,
more at large, in regard to II, and am not to"
about to repeat them; but wish 10 ask some
questions, rather for the purpose OF information
1t is said that we regard the land-ihe ter
Iiory, for "terfilory means lana but that we
cannot regulate the people upon II. Now, the
very first step Is 10 have the land surveyed and
offered for sac. The Government Issues lis pa
tent. The patentee goes on aud takes posses
sion Of the land, and The moment he takes pos
session, is he independent of your Government
Is lie a sovereign by himself: Is he, by hlaisei,
"poit'cat community" laugh lie se's
you al defiance, and takes much land as he
pleases. Wen, what are you TO do: Are you
TO drive him out at the point OF the bayorei
But, suppose you grant another patent OF tie adj
joining land 10 somebody else who has got 10
DayoEet, and controversy arises between those
two men, what Is to be done: Why, | suppose
they must fight it out; because, although YOU
have the sovereignty of the country and you
own Tie land, You have 10 constitutional power
TO interfere IN The controversy, and You mus
therefore make your obeisauce to these two in
dlviduais, holding under your own patent, IN the |
character OF mediator between these two hostile |
Communities" Sir, VIII not follow the sub |
Ject any lurlher. | suppose, Mr.. President, The |
provisions contained IN our constitution were ill.,
tended to be practically sufficient TO answer
soune purpose. L suppose they were intended 10 |
answer the great purpose of government; but II
our powers WIKI respect 10 these territories are
H""'ieI9en. suppose, al I.have ta,sayv....l
Tie controversy which has grown out OF 1t.
had designed, sir, to allude 10 another sdb- !
1ect, and ieel bound IN some measure 10 do SO. |
Sir, II Is by no means extraordinary that tie dis
cussiOn OF this subject OF slavery should produce
1cilement. 1t is by no meals strange If that |
excitement should be carried to an extreme, and
IL is from this consideration that men, under the
ln1ueuce OF an excitement produced by State
OF aiial:s like this, will sometimes do what III
Their cooler moments they would have avoided. !
lrfHE tlns.t
relation 10 this matter.
d. Sir, we nave heard much of the purposes and
the determination of the people of the Sou.h.-
10 what point that determination lends, what |
That determination precisely is, how far 1t reach |
es IN lis design and purpose, is for me to say.
l hope and trust that 1t reaches no further than
Is consistent with the rational and constitutional
protection oil Their OWE rights, ut NEST, they 1
suppose themselves 10 pussess. Ii tins d. ter
ininatlop Mr.. President, goes no further than TO
sustain their integrity as States, tc maintain
their exclusive jurisdiction over their own do
nestle affairs, nobody has the right to in,erpose
no one has disposition to do so. Sir, the &c
termination OF The South In regard TO this mat
tef, II IL goes no further Than 10 preserve the
honor oil the South, and to secure what Is due
70 her domestic institutions, she has ril h, bold
~ and hrmly TO maintain these against ali en-
encroachmt Mt, and assure the gentlemen OF
the South that she will have no dlfficuty in do
ing This; there wall be no obstruction thrown 10
her way by The North. No invasion OF lights Ia
tins respect need be appreheuded. No in,erfer-
cree. am wiling TO engage, sir, that she shall
be undisturbed IN the administration OF her IN
ternal affairs Throughout, the whole extent OF her
domain. She may line her whole frontier from
the Atlantic to the Mississippi with b.yoneus
II Will be bloodiess warfare she will have no
enemy TO contend with. Ihaye no apprehension
on this score. The difficulty and the danger
he beyond this.
Before we suffer ourselves to be exci,ed CT
alarmed, ii is well, perhaps, to ascertain 10 What
position we stand, TO ascertain what is the issue
between US, what are its probable aud what its
,.--.AiA .Asni.s Sir. ne have no coniesy With
the gentlemen Of the South about me Institution
Of slavery ~ il exists iL the States. What is
then the controversy? Sir, on the one side We
maintain the power Of Congress to regulate the
subject within the territories while they remaiu
such. This power is denied, at least to certaln
extent. Here then il the issue Does il not re-
suit in question Of constitutional construction,
have had occasion to discuss this question mere
tolore with distinguished gentlemen of the South.
We understood ourselves a. discussing a coruti-
tutional question. What are our powers under |,
the constitution = - -. l..