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

hayeShe same obligatory force those made before Ii
euch engagements control or limit the power OF Con-
Others and ask will honorable senators contend that
by The cesson OF North Carolina, the United States hold
the land ceded in trust for the benefit OF the individual
Slaes " they will not they reiae their own Argument
they do. inquire why that all the land ceded by
North Carolina that remained undsposed OF was ceded 10
ee ses sse od q Inn on ene side o. esas line in
held Tor the common benefit OF all he States, units
under the constitution the only proper disposition that
could be made Of II was by partition among the 6atss
The grants to Tennessee, then must be regarded Is
practical exposition OF the powers Of Congress ever hs
public lands held under the cessions by the Staesths
very opposite OF the position taken by senators here.
The cesson made by Georgia differs from those made
by other States in very important particular. not
worthy OF notice That State, having very doubtful
claim 10 lands between her present boundary and the
Mississippi river, made sale 10 the United States II
higher price per acre than was PAID for The lands
other States surrender her claims for the common bsne6t
OF all the States She demanded that the United States
Pay n,s Sss treasury on q ne ss PSsst1s q
title within the limits reserved TO herself What that
operation cost in money have not had the time 10
tain but this we know, that the removal OF the Indians
from her territory introduced system of policy which
has been carried 10 such extent as to produce serious
injury to the States west OF the Mississippi The oca
fear, TO give trouble, in all probability, than
any of our internal affairs. ! blame not Georgia; her
prudence and sagacy in making the bargain ought per-
haps to be commended. But she claim nothing
the ground of beaiy, seeing that she did not give, but
sold her lands and that, as have said, al higher price
than was paid for the territory acquired under the Lou
isana treaty
Returning TO the question OF the authority OF Congress
the public lands submit that it is the same in re-
spect to the acquisitions by cesson OF the States as 1t
in reference TO those under treaties with foreign ma
lions that the disposition of lands in either OF the sew
sra modes suggested not question OF power as the
honorable senator from Michigan mir. FELCH] seems
to suppose but question Of expedency Il seems that
under the confederation the attempt to carry out
the terms OF the cesson was abandoned impractical
hIp nd the think he ntnrDreted
restore and epetuaie system which could not be re-
duced to practice under the confederation Ever since
ce the Interpretation contend for The policy adopt
ed and uniformly pursued has always been the in
respect the lands acquired before and alter the constl
tuition; distinction whatever made. system OF
survey and sale adopted and continued Appropria-
tons of lands made for the support of schools and
semnaries of learning TO aid in the establishment and
support OF benevolent institutions; and, if occasion
required, promote internal improvements, when, In the
opinion OF Congress, such appropriations would tend to
promote the sale and settlement OF the public lands.
or the general interest OF the country
Much has been said, during this debate, OF the great
liberay Of the government OF the United States to,
wards the Territories and States, OF the care and
kindness of Congress in providing and sustaining terrto
rial governments and OF the favors bestowed upon them
upon their admission into The Union. | propose now TO
inquire into the and value of those blessings and
when the facts shall be plainly stated the States
will be found 10 be under no particular obligation on ac
count OF them.
The first territorial government instituted by the
ordinance OF July 49, 1857, which was made by the con-
federation with reference 10 the country that was to be
settled and formed into States with equal sovereignty and
independence other States of the Union" 1t contains
what called compact rrevocabe, 'between the orgi
na States and the people and States in the said Terri
tory" will not comment upon this proceeding of the
Congress OF the confederation, by which they, behalf
OF the original States party, make rrevocable
compact with people who not parties and have not
word say in it, and with States not in existence, but
proceed TO the articles OF the compact OF which give the
substance.
The first is that the Territory and States were "to re-
main forever part of the confederation" There is no
secession there, Mr. President Whatever may be among
the reserved rights Of the old States of this Unon there
be secession if this ordinance is obligatory by
any States formed out OF the Northwest Territory. 2.
"The inhabitants and settlers pay part OF the federal
debts. g. The legislatures OF the districts States
to interfere with the primary disposal of the soil"
Il TO have been regarded matter Of public law,
By the Congress of the confederation, that if those States
had been formed with the equal sovereignty and lnde-
pendence OF the other States OF the Union, the lands
within their limits would have been their property, and
in order TO guard agains, in advance. this provision
inserted in the ordnace OF 1877 an article OF an
irrevocable compact. L. No tax 10 be imposed upon
lands the properly Of the United States 5. The navga-
BILE leading into the Mississippi and St Lawrence,
and the carrying places between them shall be common
highways and forever free to all OF the citizens OF the
United States, without any tax imposed or duty there
for"
Most OF the restrictions imposed by the ordnance
the people OF the territory northwest OF the Ohio were
imposed also on the people OF the other territories by the
acts providing for their government and even when they
proposed TO form constitution and State government
for themselves, they permitted 10 do so only on
condition That they would submit 10 tue same Tes1CuOns
forever, by an iuevocable compact
The legislation OF Congress for the people OF the terri
tories has proceeded upon the assumption OF absolute
power over hem-to establish any form Of govern
ment, and impose any restrictions, al discretion, how
ever incompatible with the principles OF free govern
ment. To ihs extent the power has been asserted in
this debate II is claimed not by express grant, but
a resulting power-under the constitution The power
to acquire territory, il is said implies power TO govern
H. But the government OF territory cannot be regarded
necessary 10 the execution OF the power to ac-
que, which, TO the territory acquired is exhausted
in the acquisition; the government OF territory may be
a consequence, but not the means OF acquisition.
In my opinion, the legislation in question cannot be
sustained under any power granted by the constitution
it commenced under the confederation by the passage oil
the ordinance Of 1857, which followed asa prece-
dent subsequent leg salion by Congress and am not
among those who believe that constitutional powers can
be built up by Congressional precedents.
There is power granted TO dispose OF and make need
ul rules and regulations concerning the territory be-
longing 10 the United Satesbat is, the public domain
however acquired and agree that there is necessity,
not granted power 10 provide government for the
acq uson or, II you please. necessity resulting from
the power TO bold territory aoqu ued BY purchase or con-
quest but IL cannot be LEGITIMATE exercise OF power
derived carry II beyond the necessity OF the
and that necessity so Tor relates to the government,
is limited to the adoption OF frame OF government which,
apprehend, must be in conformity with the fundamental
principles which our institutions are based When
you attempt TO prescribe the law OF properly, OF 20
control the municipal laws, you assume TO carry your
authority beyond the Just limits oil your power
Permit here to say what omitted IN ils proper pace
The Temporary governments provided for the Territories
are in the nature OF municipal corPorauonsi sna IN
Ia moi in OF the Crown to establish