The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-18

places about the sovereignty Of Congress My honorable
friend says that Congress must withdraw Its sovereignty
and jurisdiction from the Territory which 10 to be formed
into Stale before State government can be erected
If Congress has no sovereignty at all IN possession
il can have none 10 Withdraw. But, again, 1t does moi
seem 70 me 10 be by any means accurate 70 say ha Con
gress must withdraw its jurisdiction from the Territory
before State be established II is not in the power
OF Congress absolutely to Withdraw its jurisdiction IRON
any part OF the territory embraced within the limits q
what we call the United States. Any attempt TO with
draw its jurisdiction absolutely and toto, any unquai
tied abnegaton OF the authority committed 10 1t Tor gov
enmenal purposes by the constitutions would oil Itself DC
unconstitutional II is little in the power OF any de-
patment OF the government TO yield up or annul any
part OF the jurisdiction which II derives from the cons
tutlon as is incompetent to vest In Itself new or add
ona jurisdiction Congress having power to admit new
States the confederacy has power far To suspend
the exercise OF its own jurisdiction, or so far to withdraw
li Il you please, from any part OF the territory OF the
Union DESTROYS OF becoming State, may be necessary
enable the people oil the Territory o.construct State
government had rather say, though, that Congress
authorized TO supply the requisite means, under the
authority OF the constitution, 10 enable the people OF the
territory to form for themselves republican form OF gov
ernment in unison with the general frame OF our pot
cal system.
mlting the people OF Territory to form State govern
ment deny that Congress can properly give any such
permission. Congress has no authority to establish q
State government, can vaidy grant permission "a
any number Of our fellow citizens to establish The
right to establish government is an inherent popular
right be exercised in all in conformity with the
restriction upon the exercise OF Congress may facilitate
In various ways the exercise oil this rghtmay regulate
the mode in which It is 10 be exercised and supply con-
venent Tor its enjoyment in the Territories Bu
repeat that the right establish all government under
free republican system, is strictly popular in It's char
acer, hold in my hand an amendment, which intend
10 offer as amendment to the amendment proposed 10
be offered by the honorable senator from South Carolina
should he not relnqnish his intention OF bringing his
amendment forward, which hope he will do as really
think the bill is in need neither Of his amendment my
wi / ia W n a
filming my own views on this subject and reads as ol-
lows
No States shall be hereafter formed out ofany por
ton Of the territory OF the United States and admitted into
the Union anecedent the withdrawal Of the jurisdiction
Of CONGRESS from such territory 50 far as may be necss
publican In form, To take place.
would only suggest in addition, that if Congress had
power TO withdraw is jurisdiction absolutely ifom hs
do in any given case It seems to me most evident thai
there would be period during which this Territory would
after such act Of withdrawal and before the formation Of
the State and its admission into the Union, during
which the urisdctt OF Congress within and such
Territory would have existence. The honorable gen.
eInan will think upon little reflection, discover that
he has employed language little too absolute IN ITS char
acer.
Mr.. CLEMENS. The senator's promise is broken
and my motion to postpone the further consider
alton OF the bill until ~ o'clock on Monday next.
Mr.. BUTLER. Will the senator withdraw for mo-
Mr.. CLEMENS withdrew for the senator to make
| a speech OF two minutes, and he made il twelve.
Mr.. FO0rE. Mr.. President, | took the floor legit
mately, when the senator yielded it.
MIR. CLEMENS yielded it because the senator said
he only intended to make two-mnutes' speech.
Mr.. BUTLER, laking his seat.) ! will only say
then for the present. that the senator has used the Ian
guage OF Pitt but he cannot exactly make it fit Laugh
ter
Mr. FooTE. Twill observe, then, that the senator
is proving himself to be the very Fox that spoke Of
[Laughter.l
Mr.. BUTLER. think the fallacy OF the proposition
easily exposed and | should only want ten or fifteer
fair words TO do il; but will reserve my remarks unit
another time.
On motion BY Mr.. CLEMENS, the further considera
ton OF the subject was then postponed until Monda,
next, at 10 O'Clock.
On notion the Senate proceeded to the consideration
Of executive business and after some time SO spent, thu
doors reopened, and
The Senate adjourned.