The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-06
From ABendir 10 Congregational Globe.

Mr.. NENABLE said.
II was well said, Mr.. Chairman, by the gentle
man from Virginia, Mr.. PREsros,) that this Fed
eral Government was the trustee, and held these
territories in virtue Of that trust. In n speech re-
Gently delivered by him, he says:
1--WE talk here about dissoving this Union
talk about destroying our institutions-we
talk about abandoning all the past, and all the
glorious prospects Of the future, because forsooth,
we will squabble over the distribution Of trust
subject and trust fund. We, the mere trustee,
holding II but for an hour or day, quarrel and
destroy all institutions while there are the peo
pie OF Californa-the cssf,ns que yusf-they 10 whom
IL beloDgs-they who are primarily entitled TO it,,
ask and demand Of you that you should not quar-
rel over the distribution Of the trust fund.- but that
you should come up and surrender that trust sub
cct itself into the hands Of those who its legit
mate owners, that sovereign State may be created
out of it."
am very far from admitting, however, that the
inhabitants of the Territories alone the cestuis
que trust.
Mr.. PREsros. Will the gentleman give way3
Mr.. VENADLE. Certainly.
Mr. PRESTON. said that the Government Of the
United States trustee for the great purpose of
maturing the growth Of State, and that the citi-
zens OF the United States composing that commu-
nifty were the cssfuis que trust.
Mr. yEsABLE. ] accept the explanation; but
IL does not obviate the difficulty, for IL prcsupposcs
that there can be a time, when, IL there were no
inhabitants, there could be cesfm que htsf, and
at least when there was n number less than should
be formed into State, that there in existence
only incomplete cesfui qus trust Conquest would
confer upon the inhabitants the title TO territory in
stead Of transferring il to the conquerors; and even
a treaty could confer no title 10 eminent domain.
without the consent Of the inhsbit of con-
quercd n ceded territory. IL 10 the domain of the
United States Of all the people Of all the States and
this Government 10 the trustee for the whole This
trust estate can cease in only two ways-either by
the cession of the territories 10 foreign power az
was done in the case of Texas, or by admitting the
sovereignty Of the territory, when II shall have
serted Il. The territorial condition ceases by the
consent of Congress- in the acknowledgment Of the
asserted sovereignty of the inhabitants" The
law admitting the State il a conveyance by the
trustee TO sovereign State, Of that which held
for all the people OF all the States, ccssion by
treaty TO foreign power carries with il the terri
tory and it's inhabitants, unless they choose 10
remove within the limits of the United States.
There is no absolute right Of Territory 10 de-
mand admission as State. II is privilege 10 ask
and If nothing Of sufficient importance should for.
bid, il is the duty of Congress TO admit But il IL
matter of sound discretion 70 be exercised by Con-
grcss who should judge discrcetly, and act Justly
in the premises. The assertion Of sovereignty on
the part of the Territories does not give them a
right TO exercise IL sntsgonsticaly 70 the Federal
Government, but the propriety Of that assertion is
to be judged of and acted upon by Congress itself
and whenever Territory, without previous leg
islative enactment on the part Of Congress, docs
make government, and declare itself sovereign
IL is revolutionary act, rendered harmless, Il IL
true, by reception into the Confederacy. II is
scarcely necessary for me here TO remark, that Con-