Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02


day the civilized world we have no control over these
Territories they of the civilized world and like the
ibred Yankee boy, instead Of being in condition OF pupil
age Senators have expressed it they must come up aoo
Sir let very concsey express my own view m relation
this By treaty with France Louisiana was ceded
to This country; by treaty with SPAIN Florida was ceded
treaty with Mexico, New Mexico and California nave Deen
ceded Now sir what is il that was ceded Is the mere
land Why, sir have yet to learn that they nave any
public domain there may be there may not What was
csded to US The sovereignty of the country That Is the
great obec. Of all cesson If the United Sates had merely
purchased title to land within the jurisdiction Of State, an
of cession would be necessary give jurisdiction but
the territory be conquered and in consequence OF such con-
ceded Mexico the sovereignty is ceded and the public
domain follows, the principal, but mere incident
the transfer of sovereignty Now sir, we take the ces
sion Have the constitutional power to acccpth Ihis
question agated II proposed to amend
the constitution of the United States In order to remove doubts
the constuionaiy Of the purchase Of Lousana but
good Of the American people seemed TO approve the
and the project Of amending the constitution was
gentlemen may get over II they pleasewe will assume
that il is compeent for this Government take cession OF
New Mexico and California which cession The sove
reigny of the country Now If we become the depostones
Of the power caIwe not exercise il the sove-
reign control the country the highest attribute OF sove
rgnty that be exercised by any Government belong to
this Government the Government or can i not exer
else the power with which is thus clothed Sir derive
the power not directly but indirectly from the treaty mskng
power. If the treaty-making power enables to take
cesson of territory which involves the right to control such
territory 1t would be an absurdy IN the science OF Uovern
suppose that may become the repositories of
power which cannot exercise
Now, this may perhaps be deemed subtle reasoning
may be deemed metaphysical Sir, would require good
deal Of metaphysics think to get the utter absurdy
in which gentlemen involve themselves when they admit that
acquire the sovereignty of couny and yet cannot
exercise the rights belonging to that sovereignty.
Sir in discussing this subject gentleman overlook the dis
ncton between right of property and the sovereign
power Of State Sir the cesson of territory tract OF
country where the cedng parts with its entire control
to sovereign State involves political power the ownership
of all that belongs to the State. What is that ownership
Not mere title under the existing law Of another Govern
ment. 1t is the highest title known to the law, the eminent
domain residing in the sovereignty of the State and where
the ownership Of that character political regulations and
! troll follow it.
Sir may purchase land for an arsenal or fort
and then get tenancy in the language Of the law
tenancy in fee simple, under the law and Jurisdiction Of
another State the popreorshp of the land the
tenancy involving political power but when title in
wolves the eminent domain the very origin of all tenancy and
all title then we have the sovereign power to be exercised
political acionby legislation The ownership in sover
egn State where there other existing jurisdiction, involves
political power.
Sir. what is the distinction taken between reg Hating the
land and governing the people The question is asked,
whether mere cesson of land gives political control the
community within the Territory Certainly mere purchase
Of land would not.
But suppose they have no sort of organizations no political
existence how then they political community They
subject control but Of this Union, and if we cannot
govern the people, what becomes Of them Sir this must
result that if New Mexico and California ceded to US by
the Mexican Government their sovereignty is passed TO u.s.
we have got no political control in consequence of such
ceson the people be- as said before, od there
other phrase that will express their condition. Mexico
can have control hem they have political orga-
nzaon If have legislative power them, they
without law, without government possessing no political
sovereignty Of their own and subject to no Jurisdiction The
result then, of cesson from Mexico to the United States is
to make them independent Of both Powers and place them
beyond the reach of legislation and of legal protection They
must from the necessity Of the adopt organization
egate for themselves and when they do this not under
authority but by force OF inherent right OF
ment they become pso fdco Independent; and the public
domain residing in the sovereignty Of the State as the source
of all title attaches this independent sovereignty and
thus title the land is extinct Sir by the express terms
Of the constitution authorized make rules and regu
aons for the government of the Territories But 1t IS sand
regulate lands but cannot regulate the people
Sir, what kind of regulation would that be What sort OF
regulation is that which regulates inanmate object on
but binding upon nothing misunderstanding the land but
i not the people who inhab II
If 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 relation to
these matters for you have title Of the
land without law to support it. Your law must regu-
late the people living upon the land II disputes arise be-
tween you and of your tenants must have some
law to regulate those disputes and you must have some tn
buna to decide them; must also have some executive
power carry those decisions into effect know not how
you to administer law in region where there is no law
and tribunals for adjudication, and executive officers to
decees Without these agencies regulations that
may make nugaoy and useless and acquisition
Of territory vaueess You cannot control your land
you have egisaon unless you have executive and
judicial authority somewhere. Well sir, when you have
these three branches you then have the outline at least OF
political government. II is impossible to proceed step to
any practical purpose my Judgment in regulating the ter
ories unless you have only the form but the essentials
Of government When you have established regulations for
the acquisition and transfer Of titles have entered upon
legislation. When you have created executive and ju
dietary you have assumed political power. Where then Is
the limitation which ties you down any particular subject
particular Of legislation Is there limit 10 your
power but the limit of legitimate legislation and sound legsa-
tive discretion Sir is it clear that the power to make
rules and regulations respecting the territory of the United
States carries with ii legislative political power And is 1t
further apparent that without that accompaniment the
power conferred by the constitution is impotent
Sir disposed to occupy the time Of the Senate
upon this point have had occasion heretofore TO express
my formally at large, in regard to il and
am not now about to repeat hem but wish to ask
questions rather for the purpose OF information is said
that regulate the andhe territory, (or terntoy
land but that regulate the people upon
it Now the very first step is to have the land surveyed and
offered for SALE The Government issues its patent The
patentee goes and takes possession Of the land and the
possession he independent Of your Gov
eminent Is he sovereign by himself? Is he by himself,
, sspoliticai community 2" laugh1 He sets you at
Defiance and takes much land he peases Wel what
you do Are you drive him out at the point OF the
But suppose you grant another patent OF the ad
joining land somebody else who has got bayone and
controversy between those two what is to be
done Why, suppose they must fight it out because, al
though you have the sovereignty Of the country and
the land you constitutional power to interfere in the
controversy, and you therefore make your obesance TO
these two individuals holding under your patent, in the
character Of mediator between these hostile
ties" Sir, will not follow the subject any further sup.
pose Mr. President the provisions contained in constu
ton intended to be practically sufficient