The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1850-03-02

u h competent for this Government 10 take
ressi0n 0f New AlnNirO aud California,
which cesaiou couysys tha sovereignty of the
cmintrsn Now, u We become tlio drpoHip-
rics ufrIG power, can We or can wa not es-
ercso h II the sovereign control over the
county, the highest attribute 0l sovereignty
thht can be- exercised by nuy Government,
belong tn this Government, can il.e Govern
nrui OT can Il not exercise the power VIII
which II IN illus clothed Sir ! dofiso lIe
power, not directly but indirectly, from the
treaty making power II tho treaty making
power enables 40 % take u cesrion oi tern
tory which involves the night 10 control sucli
territory, il woud b0 m ntsifdly "a tho rci-
ouco ufGoycrnmcut 10 SUPPOSE thni We may
become the dcpOHltuTieH Ol a power which
Wr cuEuut uNrrrirr.
Nov, this may prrhaps he deemed "subHe
rsas0ning." Il may ba deemed "mfiGPhysioaL"
Sir, u would require good deal OF meta
physck- think, 90 get over the utter uhHur-
div IN which gentlemen Involve themselves
when they adult that wo cnn Hcqufe the
sovereignty ,ut u country, aud yet chuuoi eN-
crciso the rights belonging 10 lhni eoyorrigu-
|y
sir, in discussing this subject goullrnen
I overlook the disir etion hctWron nero riFhi
/ Of property mud the sovereign power 81 u
Stale. SIR the ceHHion Ola tefrlinf" o5 q
i tract uf county, where the cedlng power
unfta with its outife control 90 sovereign
State, involves political poWef-the owner
4 ahip ufnll belongs - the state, What ~
. that owuershipi Not mere itIo under thr
existing law oi another Government II b.
/ the highest title known TO tie law, The enl,
ueut domain residing in the sovereignty Of
the State; aud where lhe ownership 10 Of that
character, political regulations nnd control
/ follow ID. The Ouly mode iu which .'.ai
ownership can bo exercised h. through polil-
zeal oction-by legislation.
Sir NO mnY purchase n tract Of land for
au Orsruol or u iutI, aUd 10 l,1,- EII . T1-T-
7 tenancy IN tho language oi tlo law; i"unn-
/ cy iu lru simple, under the law aud luriHdic-
/ Ton ofanoIhrr States the mere pfoprlotorship
ofthe land, tho mere tenancy, involving uo
uoiiliral power bur when gir tIllo involves
/ ibc eminent domain, the very source Of nlI
| tenancy aud all ttlr, then wo have o,c soY-
croirn power 10 ho exercised by puitcui ur'
tion-hy lrgislat,ou. The ownership ~ a
/ soyeregn State, whore there n uo other oA-
( Niug jurisdiction, involves political pnw-
80.
Sir. " hut h this distinction taken between
regulating the land aud governing the pco'
. ole The question h asked, whether mere
rcssion of land gives political control over Il
. unllilrul cnumuuilY Miliiu- the territory -
. Certainly mere purchase of land would
uut.
But suppose that people have no sort Of
/ organization, no political existence, how
( then are they political community They
nre subject TO no eonirnl- but of ii,ia Union,
and if we cannot govern the people, what
hecomes Of them SIR, this must result that
'ifNrw McKee, aud California nrc coded to
~ hy the Mexican Government uicIr HoNer-
4 rigniy IL passed 10 as. lt wo have got no
I political control IN consequence ct such eos'
sion, the people must be, ns J said before,
dir1n; there - no other phrase that viii cN-
press their condition. Mexico can have no
control over. thom--,hcy have no political
orrauizniian II We have nologisaiiye pow
! or over them, they nTe without law, without
/ roycrpmrui, possessing no political soycr-
Nignty Of lhcr own, aud suhcc, TO no Juris.
/ Melton. The result, thrn, of a ccsson FROM
! MNico, TO the United States, Is To make
| th1M territories independent OF both Powers
andNlace them beyond the reach of lcgslu.
| ;ioYMd Of legal protection. They must,
from tlN>uccossity OF the case, ndupi an or.
/ gnniyn,ion rad lcgislutc for themselves; md
| when they do this, not under our authority,
hut hy force Of inherent riglI Of self gov
crnmcutihcy becomc ipso Jdcio independents
and tho pubic domniu residing Ia the sover-
eighty of The State, as the source Of Lll tile,
attaches to this ucw independent sovereign
~. and thus our title To the land Is cNlct.
Sir, hy tie terms orthe Constitution we
are authorized to make rulos and regulations
las Lie goYcrnmcni of the territories. But II
is sad wo eau fCgUtJrC uuT ttutttf-I -s'-i-l.e I
cannot regulate the people. Sir, what hind
of regulation would that he Whnt sort OF
regulation is that which regulates nm innul-
mnlc object only, but is binding upon noih'
ting misunderstanding The lnud, hul not tho
pc,.plc who iuhabit it +; 4 law which uolh-
ing living Is bound TO regard
Ir you make regulations with respect to
aust rr-.llaiE lie nlplc nl nc.
qniriug title aud the mode OF transferring IT,
tie. You must lave some law IN relation TO
these matters, for You can hnyc no uIic 0s
mere owner of the land without some lazy Ia
snpport il. Your law must regulate the pco'
pls living upon the luud, II disputes arise
bctyeen yuu and some of your tenants, you
must hnvc some law To regulate those dis
putns, mud You must have Some tribunal Ia
4 rtrritlt. tlieihi yeg must also have some exec
utiyc mower 20 carry those decisions into ct-
feet / know not how you nrc to admins
ter law in region where there iSno law
aud no tribunals for adjudication, and no cN-
cculyc officers To enforce drrtecs. Without
THESE BFoHclcs any rcEuiu''u"' "iu' w" "'''
make nrc uugniory and useless, aud your ne
quision of territory is yuiuelcss. You eau
not control your land unless you have legis-
lntion, nor unless you hnvo executive audJu'
dicinl authority somewhere. Well sir hen
YOU hnNe thrso three branches, you then
have the outline at least of a political gov
ern,nenl. It ~ impossihte TO proceed one
step to nny practical purPose, in my Jndg'
ment, in regulating The territoriue, unless you
have not only the form hu, the essentials of
. pgtul Al -lpI