The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-27


shall be guided by the sound judgment OF Congress And
sir let me protest here. let protest again. against the
idea or the suggestion, that this subject pressed upon
us by the North Sir all and feel that it is one OF
the fruits OF this war OF conquest that presents itself
here in commanding attitude the question is not be
evaded Sir, regret as much as any man TO see the
countenance OF this unwelcome guest here. would
have closed the door against him would have closed
by rejecting everything like acquisitions OF territory, to
be made the subject Of dssensons such are going
now TO be made the arena upon which this issue to be
triedths disgusting controversy about slavery is to be
carried on But sir II is possible that may be reev
ed after all il can be made out that we baye no con-
troll over these Territories; that are propre-
tors oil the land there and have control legislative
power with respect toit Why, then, sir. do not
but we can bow this unwelcome vster out OF the cham
Der. B
But sir, am disposed 10 hesitate before reject the
construction OF the constitution adopted by abler better
to egsate over these Territories they must Be- very much
IN the situation in which the honorable senator from
Georgia Mr. BERRIEN] regards his constituents to be
world II We have no control over these Terr,orss' thew
are out OF the civilized world and like the ill bred Yam
kee boy, instead Of being in condition Of pupilage,
senators have expressed it, they must up afoot
Sir, let me very concisey express my view in
ation to this matter By treaty with France, Louisiana
was ceded to this counry by treaty with SPAIN Florida
was ceded; by treaty with Mexico, New Mexico and
California have been ceded Now, sir, what is it that
ceded Is it the mere land! Why, sir, have yet to
learn that they have any public domain there may be
eighty Of the country That is the great object Of all
cession Ii the United States had merely purchased
title TO land within the jurisdiction OF State, act OF
cession would be necessary to give jurisdiction but il
The territory be conquered, and in consequence OF such
conquest ceded by Mexico, the sovereignty ceded and
the public domain follows, not as the principal, but as
a mere incident to the transfer Of sovereignty. Now,
sir, we take the cessionl Have we the constihl-
onal power 10 acceptit This question agi
ated II was once proposed 10 amend the constitution OF
sttutionality Of the purchase of Louisiana but the
good sense OF the American people seemed approve the
measure and the project Of amending the copsutioa
over that-genemen may get over as they pleasewe
VIII assume that is competent for this government to
take cession OF New Mexico and California, which
sion conveys the sovereignty OF the country. Now, If
we become the repositories OF the power
not exercise it! II the sovereign control The
clsed by any government belong this government can
the government or can ii not exercise the power with
which it is thus co,hed Sir, derive the power not
directly but indirectly from the treaty making power If
the treaty making power enables us 10 take cession Of
territory which involves the right control such terrific
y, would be an absurdiy in the science OF government
to suppose that we may become the repositories OF apow-
er which we cannot exercise.
Now, this may perhaps be deemed subtle reasoning.
1t may be deemed metaphysical Sir it would require
good deal OF metaphysics think, to get the utter
absurdty in which gentlemen involve themselves when
they admit that acquire the sovereignty of
try and yet cannot exercise the rights belonging TO that
sovereignty.
Sir, discussing this subject gentlemen overlook the
distinction between mere right OF property and the SOW
eregn power of State. Sir the cession of territory
or tract oil country, where the ceding power parts with
It's entire control 10 sovereign State, involves political
power, the ownership OF all that belongs 10 the State
What is that ownership Not mere title under the
listing law OF another government II is the highest title
known TO the law. the eminent domain residing in the
sovereignty OF State and where the ownership is of that
character, political regulations and control follow it,
Sir may purchase tract of land for arsenal or
foIt and we then geta mere tenancy, in the language OF
the law tenancy fee simple, under the law and juris
dicon of another State the proprieorshp OF the
land mer inv a potcal
when our title involves the eminent domain, the very
origin OF all tenancy and all ttitle then have the
eregn power to be exercised by political aconby legs-
aton. The ownership sovereign State, where there
is other existing jurisdiction, involves political power
Sir, what is the distinction taken between regulating
asked whether mere cession Of land gives political
control over the community within the Teitoryi Ger
tainly mere purchase of land would not ~.
But suppose they have sort OF organization, no po-
ucal existence. how, then. are they political commu,
nifty. They subject to control but OF this Union
and II we cannot govern the people, what becomes OF
California ceded TO by the Mexican government
their sovereignty is passed to II have get po-
ca control IN consequence OF such cession the people
that will express their condition Mexico can have no
control over them; they have political organization.
II we have no Legislative power over them, they are
without law, without government possessing no poltl-
cal sovereignty of their own, and subject jufsdc.
ton The result, then, OF cession from Mexico to the
United States is, to make them independent OF both pow
OF legal protection They must, from the necessity OF
the case adopt organization and legislate for them
selves and when they do this not under our authority
but by force OF inherent right of self government
they become pso Jaeto independent; and the public do
main residing in the sovereignty of the State, the
source OF all ttle attaches to this independent SOW
eregnty and thus title the land is extinct Sir,
by the express terms OF the constitution, author
lied make rules and regulations for the government OF
the Territories. But is said regulate our lands,
but cannot regulate the people. Sir. what kind OF
regulation would that be What sort OF regulation is
that which regulates nanimate object only, but is
binding upon nothing misunderstanding The land but not
the people who inhabit III s ~ iil e-l4t.s a..
II you make regulations with respect your land, you
must regulate the mode OF acquiring title and the mode
OF transferring title. You must have some law in rea-
ton 10 these matters, for you have title
owner OF the land without law 10 support it, Your
law must regulate the people living upon the land. II
disputes arise between you and OF your tenants you
must have laws TO regulate those disputes and you
must have some tribunal TO decide them; you must also
have executive power TO carry those decisions into
ELECT know not how you are to administer law in
region where there is law, and tribunals for adu
dication, and executive officers to enforce DEGREES
Without these agencies, any regulations that you may
make nugatory and useless, and your acquisition OF
territory is vaIueess You cannot control your land un
less you have legislation, unless you have executive
and Judicial authority somewhere. Well sir, when you
have these three branches you then have the outline al
least Of political government II is impossible TO
proceed one step to any practical purpose in my udg
in regulating the territories, unless you have not only
the form but the essentials OF government When you
have established regulations Tor the acquisition and
transfer OF titles you have entered upon legislation
When you have created executive and Judiciary you