Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-15

erred claim to this territory, and actually established Ter
rorial Government within its limits subsequently, now
ever Georgia still asserted her claim, an agreement was
entered into and by the articles Of cesson OF lsoz ueoga
ceded to the United States all her right and title TO the c
tory west of the Chatahoochie river for which he onied
States paid stipulated consideration.
Mr.. CLAY. lin bis seat) And the onHed STATES Ps'o
Mr. BERRIEN. | cannot say that the United states
paid an equivalent they paid what the State OF Georgia
willing accept a consideration NOW, mere was
exercise Of the precise power which Is proposed "a WIS
case The United submits proposal to Texas Tor the
adjustment of conflicting claims Texas accept the pro-
posa she will stand the United States IN the same position
as Georgia stood under similar circumstance
Mr.. BUTLER. Was it not part OF the contract 70 pay
the public debt with the proceeds of the public lands
| Mr. BERRIEN. No, SIR The United States agreed to
pay ST. $50 0OO and think reserved the night OF aPPfo
pa,ng of acres OF the coded lands 70
the claims of persons known the Yazso claimants And
agreed also to extnguh the Indian title to lands which re-
NAMED within the limits Of Georgia after the cession That
was the consideration But that not SO material as to pre-
to the Senate the view of this fact and that the cesson
of Georgia to the United presents precisely analogous
case in regard the question Of with that proposed IN
this BILL II only to remind the Senator from Mississippi
of this analogy that rose.
Mr. DAVIS, of Mississippi. desire to call the attention
of the Senator from Georgia fact with which know he
familiar Before the formation Of the constitution certain
States refused to become members OF the unless
those States which claimed vast extent of unpeoPed terri
tory would surrender it common fund to the United
States large territory thus surrendered by
the States Of Virginia, New York, North Carolina, and
others Subsequently,, and from similar considerations Geor
ea in like surrendered her western territory and
recollection that the money that paid to Georgia
expressly stated be for the purpose OF reundlng to her the
expense incurred in the defence Of this territory which had
become the property of the United States such Is
my recollection of the transactions and correct the case
is no authority in this If this be question OF title,
be adudcated in the manner the constitution Provides
by the Supreme Court the United States; this the
pe in suit to which State is party. And ask, are
| in tn viii he i q
which involves the right Of State TO set aside the consi
uonaI umpire and take into own hands its adudcation
Are the power possess to take advantage OF
the necessity peculiar position OF State, and acquire their
domain enlarge the proprietary right and exclusive usdic-
ton of the United States And if SO, where the limit
Why 60 on until the United States become propeors
of the larger portion of the territory now within the several
States ,,
Mr. FOOTE. The right of the United States to obtain
territory by cession had expected hear contested and
of that right do not think much doubt will be enter
tanned by those who will duly crunize the question involved
The clause Of the constitution supposed prohibit the Fede
raj Government from the acquisition of territorial domain
reads follows 49, -. En-, ss.te .&1sEs
"The Congress shall have power to exercise exclusive
legislation all whatsoever, such district not
Sates the acceptance by Congress- become the of
the Government of the Unded States and to exercise like
ature Of the State in which the shall be- the erection
OF FORTS magazines, &C.
Now, sir this is clause which, in my judgment, neither
coners power acquire territory prohibits the exercise Of
this power II does that it any part Of
the design Of the trainers Of the constitutions either to besow
authority refuse authority to the Government created
by acquire territory for any of the great purposes for
which it instituted 81. .:.24s,: .'..,. N.
Mr.. DAVIS, of Mississippi Does it not specify the pur-
poses for which territory may be acquired
Mr.. FOOTE. BY no There is nothing in the
constitution that be thus interpreted The clause under
review and under authority Of which my colleague has pro-
essedy spoken has no ausion whatever the purposes
for which territory may be acquired simply gives to Con-
gres exclusive jurisdiction in certain places therein peced
the exercise of which exclusive jurisdiction most obvious
y necessary in those very Places for which is
necessary pariculaIize Without clause be-
slowing this exclusive jurisdiction in the District Of Columbia,
and other places enumerated, the jurisdiction Of Congress
would only have been Of that general kind which
throughout the limits Of the republic. There is, sir, not
only express provision the constitution prohibtoy upon
the General Government in regard to the acquisition of terri
tory, but there is nothing in the instrument to justify the
supposion that any such prohibition intended to be i'm
pedy imposed In fact in the clause under review there
distinct implication of the very power in question
the regulation of the in which jurisdiction is to
be exercised territory to be acquired without any
press power to acquire to imply the opinion the
part those who framed the constitution that the general
power acquire territory would be possessed by the Govern
without any formal stipulation to that effect My
opinion most clearly is that the right to acquire property Of
any kind necessary to the purposes Of Government inherent
y belongs all government which may be instituted subject
such restrictions and notifications only the organic law
itself may impose But sir, this great and interesting ques
Deen SO cOgentiy DOM pTecedeN
principle by the honorable Senators from Georgia and Lou
sana who have preceded me in this debate that deem it
unnecessary to say in relation to it at present
Mr.. President Iconfess felt little apprehensive whilst
my colleague speaking, that my right oa here
which certainly value most highly-might, if the princi
pie for which he conended should find recognition be after
while most seriously called in question. For, sir, If the
United States cannot receive cesson of territory from
the sovereign States of the Union ALL for any purpose
then the cesson by Georgia of what the State Of
Mississippi made without sufficient authority, and the
cession itself being unconstitutional and therefore NULL
should doubt whether the State of Mississippi herself is
righfuly in the Union at the present and, if not
then neither my honorable colleague myself have
stiuiona right to seat here Happily though, there is no
foundation for this argument nasmuch the right obtain
territory by cesson of the ceares and most undenabe
of the powers confded to the Government. I
There is view of that part Of the bill under con
sideration which feel bound to state in explanation of my
attitude in regard to it. Did suppose with my colleague
and others, that law establishing Territorial Government
without any restriction whatever in regard slavery would
be equivalent to law embodyng the Wmot proviso did
suppose that law like that proposed providing for the
existence of Territorial Government merely without the
Wilmot proviso any thing appoxmating il in any
spect whatsoever would necessarily operate convert
slaveholdng territory into feeso territory should like
him. unquesonabIy present the most strenuous and nexbe
opposition the part of the bill which proposes establish
in part territory belonging properly Texas and in
part territory which present portion Of New Mexico
But such is my view Of the matter Icanno understand
intervention Intervention cannot understand
Government established upon the Of the Wnot pro-
vsothe very institution Of which achieved by destruc-
ton of that hidcous monster-to be Wmot proviso Gov
eminent. am not able perceive how territory, whether