The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-01

ties as is the very law that prescrbes the duty to bs Der
formed Now let me ask, how can you do that wthou
government Must you not have and ures Il
furnish ihis personal protection Most unquesonably
Can the ofhcef hse IN your territory unless his rights
of contract are protected and enforced by the govern
ment! lie must buy he must sell he must hire b.
must employ he must board or he must keep house
And how can he perform the official duties assigned him
unless ne be projected in those various personal rght
winch belong 10 him, and grow out OF the relations he
must necessarily bear to those around and about hun
and with whom he is obliged TO have daily transactions
Does not everybody see, from considerations of this
that you must have government to some extent Or will
ne concnded by gentlemen Who assume the opposite
doctrine, that you may make regulations in reference "a
the surveying, selling and receiving payment for the lard
ana then leave your agents fight their way in rel
eence 10 all their peronal rights against all those who
assall and inue them But suppose the surveyor.
running hne is resisted by squafter the public
lands and murdered in aetnpting to make the survey OF
suppose receiver robbed OF the public money are these
crimes to unpuDshed, upon the idea tina. there
constitutional power TO establish civil government in
territory!
Sir, there is another illustration which il seems 10 me
places beyond all controversy the necessity and the pro-
plety OF establishing government in the Territories We
have acted the doctrine that the territorial prope-
tor Congress has the right and constitutional power L
make roads IN Terrorya doclIine asserted here the
other day is doctrine asserted almost from the loun
iaon OF the government i isa doctrine upon which
the democratic party willing to appropriate lands OF
money tor certain description OF internal improvements
IN The Territories, while they oppose the right to arpro
pirate Tor improvements OF similar description ia the
States Now suppose that AZ territorial proprietors we
undertake to make improvements in the Territories DC
you not al perceive that becomes necessary 10
ploy many aborers and agents to perform the work
Shall these aboreIs and agents. thus employed within
the Territories, be le regard 10 their personal rights
aitogeher without the protecting arm OF the government,
Can they get along in the dischasDs OF The duties which
you assign them without that personal protection? II
seems to me impossible
Sir advance these considerations to show that
sary and with The utmost proprety growing out of the
discharge of the duties expressly vested in Congress-
you must have government the persons OF those
whom you employ within the limits OF q Territory. Let
me illustrate this by giving you another example Look
at the military and naval power OF the government and sup
pose that military and naval purposes You choose to
iabsh navy yard al San Fancsco regarding California
still in the light OF Territory. Or suppose that you
choose To establish arinory IN California upon the
waters emptyng into the Pacific No will deny the
power OF Congress, under the national objects which the
constitution conlepates, to establish military and naval
depos OF repair, OF construction, OF manufacture Does
not everybody al perceive that connected with these
general objects OF the constitution you must have agents
to carry them out, and thar the fact that have agents
thus located thus domiclled within the Territories for
national purposes and Objects involves IN il the proprey
Of securing and protecting them How can il be done
ythout government
ton which expressly grants power to Congress to make
all laws which shall be necessary and proper for carry
ing into execution all The powers vested By the consttu
lion IN the govefnme nj oi the United States, or IN any
department officer thereof" Now, according to my
apprehension and judgment, nothing can be more
necessary and proper than he establishment OF gov
The United States while they performing their duties
for tine benefit OF the nation within any OF its Territories
Who will enter the service oil The national government
and locate himself and his family territory unless he
can be projected against violence aud enjoy reasonable
security IN AL his rights under government oi law
But lei contemplate this subject tor few moments
in a0other ASPECT We have settled the doctrine that ter
rllorlal acquisitions constitutional Suppose you
mex Canada or Cuba, both! Ii you locate your ON
GERS in CaSada, shall ii be said that the laws OF prino
genIture shall govern them and all their acquisitions,
may you, by virtue ef sovereignty over the acquired
territory, change that law OF descent, cherished by our
English ancestors, and enact rule IN conformity
with our American ideas Why for the qualification
protection OF those OF your citizens whom you locate
there, may you moi give ihema complete American code
Would IL not be !" necessary and proper 10 abolish
ihes and the establishment OF particular reg,on aud
to begin to prepare the people OF Canada or Cnoa Tor
incorporation into the Union by introducing American
laws
Now sir il Congress cannot give a government 10 a
Territory, who Gao the Inh habitans organize
government IN despite OF your authority, and against your
wiii Suppose sou prohibit their dong 20 nen acton
their part would conflict with national isgis-
aon This OF the subject brings us to one o ree
alternatives; Congress must either establish territorial
government or the people NUT make one for bemseWe,
by revolutionary movement. IN opposition 10 the w
lol Congress, they mus, 1--we without any government
at all II Congress has authority, then The people
must for themselves continue in stale Of anarchy
III the people contrary to independently n the au-
houiy OF Congress- becomes oI Their allegiance Ia
the United states. tue sovereign which has acquired
them Instead oil subordinate Territories, are ines mol
independent nauons How can nations hold subordlgaif
Ierntonss unless they govern themi To M nine,
the right acquire aud 10 bold ncudes the right TO
ern, without which Territory cannot be held IN subec-
uon.
Sir think tha, the considerations which have sug
gesied are seievdeni that they hardly need any sup
port ku allow illustrate ril further by giving
another class OF cases Has Congress the power to
egsiste and provide for the punishment oi cnues com
nit,ed within tn. Territories IN violation OF laws passed
for national OBJECTS Will any deny that Congress
has the power extend the revenue stem over the Ter
/ u,ones which may acquire We bavc already per
formed thai act reference 10 California VIII any one
deny that Congress may sgsa'e and declare Tue PUNISH
men for committed the Territories o The unl
ted States Can any deny the authority oi Congress
TO erect tribunal To tfy traitors who make war asans
the United States IN Ternoryf Unless Conxres. pos
~ess such power You may be unable 10 preserve yoo'
territorial acquisitions Individuals may be tempted Il
revolt agans your authority ard take the Territory IRON
YOU, II there b~ no law prescribing The Pena and tns
noae OF enotcing IL by JUDICIAL tribunals VIII any one
deny then, that Congress may essale tor criminal puf
poses providing punshmens for violating the rcsenus
avs or for committing treason, m Tor robbing the ma'
within the limits Of Territory Such laws would bs
no more than blank paper without providing means io
| their execution You must. therefore, htfodnce yoa
JUDICIAL tribunals and your executive MINISTERIAL ofhces
They become lnsensably necessary and proper appen
dauss 10 system of covef nment connected with ape
growing OF the execution OF the general
IN you by The constitution.
Now, it il very clear that the power OF Congress Y
establish territorial governments for any purpose mus
be denied totally tha, II mnst be conceded that h
power does exist. and he exercised tor some puf
poses To affirm that Congress has no power by esab
fishing territorial government, 10 secure the great ohlec
Tor which our federal sy stem instituted, ~ equva
lent W separating the Territories from The BODY ol ,he ma
/ ton and making them independent. ! cannot hehev'