The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-06

aneedmsni and he therefore resoried TO the consIu
ioh ot the United States 10 furnish an Argument And
hos did Ne handle the eonsututions
we read that clause which gives Congress power 'to
aPeee 81 and make all needfu rules and regulations
ssas the territory other property belonging the
Nasd states" He also read the clause Immediately fol.
oN'ns Which says 'nothing in this constitution shall be
~ construed a. 70 prejudice any claims OF the United
naits ~ ~ any particular State and then he read fur
thsf That provision which declares "all debts contracted
snd engagement. entered into before the adoption Of this
consultation shall be valid against the United States
andef ths constitution as under the confederation"
Oar present constitution went into operation in l7s9
Nc ssnss and broad language used IN the consti
s1p0n % save al rights growing out OF the engage
meh ei TIE confederation and the specific provision
eooneeiea With the disposal OF the public ands that the
shs The css q The Ualied states. or OF any pariicu
~ SAFE eonlshd that the rights OF the States stand
aet ne consultation esacya they stood under the
70 a rights resulting from the deeds of cesson the
confederation. My friend was perfectly convinced oil
shs and hence 4 beesms necessary to give limited
- claims ot both the uated States and OF any particular
state shoad not be preudced for fear would embrace
ne cgpniiy northwest OF the Ohio river How does he
make on, that srecihc limitation He makes IL out by
sayng n the Of Georgia and the United States that
Georgia at that time had not made cession. The United
sass =, ma, tune upon The p,nepes conended for BY
the smaller Staes especially Maryland, before the arti
ees of confederation ormed) claimed the territory
now embraced 10 Alabama and Mississippi Georgia did
not yield and these reservations about the claims of
States and the United States in the constitution were
made for that particular aud intended TO 90 fur
Ihsr such = The geaemans construction; deny To-
tally the correctness Of the construction which thus limits
the general language designed 10 The rights OF the
unlied States and OF each Stale in all whatever,
and TO make 4 Apply 70 particular controversy between
stOeIa and the United States There is principle of
construction which allow anything Of The kind But
the claim 20 the lands included in the Virginia deed of
eesSon 10 sustained as an engagement entered iho by
the confederation 10 execute trust for the benefit OF the
States. And 70 this view Of the subject the gentleman
has made reply.
do no, think It necessary TO repeat one word have
already advanced to show that the State had the ultimate
dominica before and during the confederation. and that
there was on that account sufficient for introducing
N the ordinance Of ~ the provision saving the lands
ceded TO The Union from State taxation do not think
necessary TO prove by any reeap,ulaon that since the
formation OF The constitution OF the United States, the
ultimate dominion IN The territories since acquired and
over the Indian lands situated Ia any Stale, belongs
this government All tha, | have said upon that sub
ject must stand whether IL be conclusive or nconcusve
The argument Is too long TO enter into again Nor do
think u necessary 10 60 into the argument which my
friend has made here upon the iniiatne" in the orma
ton OF State governments lie comedies tha prior TO the
admission of Missouri. all Stale governments regu
arly formed by The United States taking the initiative TO
form them, and. alter that tme he admits OF them
have come IN irreguary-at least they formed constu
tons before they obtained act OF Congress authorizing
the people 10 assemble in conventions for the purpose oil
forming them. But the fact that Congress passed law
auhorHns The people to meet m convention does not
deprive Congress OF any power in deciding the cons
tuition which may be presented when new State asks
for admission into the Union The natural liberty which
we under our systems OF government allow may and
does Justify any portion OF citizens 10 assemble when
and where they please, and TO form constitutions 10 erect
political platforms, or to adopt resolutions but Congress
Is not bound TO obey whatever the people OF Territory
may think proper 10 dictate, deny that the people OF
Territory possess the right 10 make constitution and
Stale government and 10 force themselves into the
Union Tbat - "A subject which Congress may
and ought TO deliberate, and can rlghuly admit or
reject IL the United States can acquire territory
from other nations, she has the tight TO govern u She
can neither hold il for the purposes for which il
was acquired without governing IT, To contend that the
inhabitants may rise up whenever they please and form
government for themselves and force themselves into the
Union by declaring, unless they admitted they
by revolution TO dissolve their connexon with this gov
eminent, and become independent 10 carrying the doc
trne OF secession further than have ever known
red BY the ultra OF that hesrodox political school
They claim secession for the States not for the Ter
rones. understood the gentleman TO contend that the
people have right 10 form their State governments and
govern themselves without the OF Congress II
am mistaken in that, hope he will correct me.
Mr. GEfER. ! will state my proposition. look
over the people OF the Territories ia forming new States,
limited TO the necessity OF the case, and that IL must
always be consistent with the foundation and principle
upon which this government ressthe right OF the peo
pie 10 govern themselves thought stated yesterday
IN distinct terms that The right TO form the constitution
the organic law for any peoPle-bsongs TO themselves
The right OF the Congress OF the United Slaleslhe ad
mission OF Stale into the Union--is conventional.
contend that the only qaeson with which Congress has
anything to do to determine The boundaries and popu-
laon, and that the constitution when formed, is OF a
republican character. w. in these respects, Congress Is
satisfied il il then their duty TO admit the State into the
Union. look upon IT, as have said, being conyen-
uoDa There must be action both sides but then the
formation OF the fundamental law, the organic Law for
their government belongs 10 the people themselves, and
Congress cannot dictate TO them what they shall put IN
Mr.. UNDERWOOD. | make no issue about that l
think the people have right TO form Their constitution
Just exactly they pease-wlth OF without uial by
jury-with without slavery, &c. There are a great
many here who say they have not Two or three years
before these compromise measures were adopted when
you would divide the territory by extending the line
OF 80 deg 80 min, which 0eye You bad rght TO do,
and which proposed. SAID the celebrated COMMITTEES
OF eight that all you can do, you wall not divide the
territory, is 10 make the inhabitants perfectly ire 10
adopt their form OF government. 10 CONSIDER slavery
local question: and let the people settle iof themselves
they please, by their own constitution and laws
make issue about the power OF the people IN forming
their State constitution as they please That not The
question in controversy They have the natural right
gwen BY the Almighty, govern themselves BY their own
organic law and neither Congress nor any other body
upon republican principles has night 10 nleries with
ihem The only inquiry with Us -, whether the con
stiluton presented is republican Then have con-
stitutiona warrant to interfere, II IL be not II they
have not republican constitution, not 10 admit
them because they could not act IN harmony with our
system.
The single question before us now is. when the States
have surrendered the ultimate do pnion OF the lands BY
their deeds OF cesson and when they never bad snen
dominion territory acquired BY the nation IRON Tor
eig DO wers whether when Congress alowss Saie 10
come into the Union, bound 10 surrender our vi.
inae dominion over the soil TO State taxation and 70
State disposition, and TO give up national territories. se
quired national treaties, TO be taxed and disposed
of by the States. That is the poin, make.
This doctrine about the power OF the people 10 make
their own organic law they please, IN reference 70 AL
noI,tcal ouesons has nothing whatever TO do with