The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23


they pleassdihe eonsuls and the commissioner holding
under the President at bis pleasure being authozed to
Try, condemn, and execute American citizens without a
Jury ne ony provision beng, that IN the case OF cap
ita offence the consul should call morenot
ceeding iour-Ameriean citizens TO aid him.
The TWO cases, In my Judgment, have precise anal.
treaty, the nhabiants with the territory. transferred
under The Jurisdiction OF the United States. By the
treaty WIN Chna our citizens in that territory though
the territory remained Chinese though acquired
jurisdiction over the territory such, yet transfer
red IRON he LEGAL jurisdiction 10 jurisdiction la the
one case we took the land and the inhabitants together
IN the oef case we took particular class OF lnhabit-
ants heIe-o witt citizens residing there and leav-
ing them within the territory OF China, nevertheless
acquired Jurisdiction over them Where. ask. did we
get power to do either Here is clear power, unds-
puted; no man mistake il, nothing be said
against IL aud anything which denies the power OF
Congress regulate and govern the Territories denies
the validity OF the act Of s4S and to be
gross usnpaton and leads 10 the inevitable consequence
iha, il man be executed by the award OF our eonsuls
and commissioner IN China, they all guilty OF mur-
der morally and suppose. il they have any laws in Chi
ina. might be said 10 be SO legally.
| Now, Mr.. President, have no more doubt myself
about the entire authority OF Congress te control the Ter
ritores than have about the power OF Congress TO pass
an appropriaon-not bit and yet concurred in that
bill Why Although admit our undoubted authority
although admit have right to establish for them
any sort of government please and 10 do did in
the earlier history OF the countrYto do did with
the Territory Of Orleans establish government
posed OF governor, appointed by the President and thr
teen ireehoders, selected legislative body by the
Presdent-ahough we have the power TO do upon the
subject pleasewe bound to regulate ourselves
in the exercise oil that power by considerations oil JUS
ice and and prudence, and Kindness and there
fore should vary Legislation according 10 the vary
ing circumstances OF The territory and the various pur
poses 10 which is intended to apply IT, For instance; II
the government of the United States should acquire in
the Mediterranean some small island, as being import
ant 10 us Tor the protection OF our commerce, important
as place on which to locate navy-yard, and have
naval depot and station without being dependent
upon the favor of foreign powers for such an es-
adjustment. | certainly would not be for holding
either that the inhabitants OF that island had, or
that II right 10 grant 10 them, the power OF self
government; but that, the contrary, considering
the use for which we intended The island, It would
be the mos, unwse thing 10 the world 10 permit them
10 exercise any such power The probability is that
ought, and that would under such circumstances
establish military government over them because lhe
acquisition intended for military purposes. But
when we establishing government over Territories
which ultimately TO be introduced INTO the Union as
Sales-when establishing nurseries OF freemen
who hereafter be equally Interested with ourselves
in all the benefits and advantages OF this governmen--of
course, vary legislation TO suit the existing ciI-
cunsances We grant 10 them all The rights OF self gov
ernment which can consistently with the supremacy
of the chief or principal government-the government OF
the United States We retain certain safeguards We
have in this bill provided for officer 10 be appointed
BY the President who s 10 exercise limited veto
he decisions OF the representatives OF the Inhabitants ;
and bad in the bill provision that their laws should
be sent here TO US had serious objection 10 this
being stricken out because. according 10 Judgment
il does make the smallest difference in the actual re-
atlons which the Territories bear to Our authority
over them IS and continues 10 be, and until hey are
erected into States cannot 10 be, fall and penary
We may, year after this bill passed, If shall pass,
retract The whole government Wemay, alter they have
passed all their laws, repeal them al blow. The gov
eminent exists by exercise OF WILL and with such
powers please 10 confer and may retracl them
at pleasure, in whole or IN part
And therefore, MIR. President, when gave my consen
to this BILL did not conceive myself to be ia any
ner form recognising the existence OF what Is called
squatter sovereignty Dad not, and do hot admit ihai
fka fnha IsrrI hn
now, or those who may there herealer-hayt any ~
heren night govern themselves II they 90 uPon oar
territory, they must submit 10 be governed az se. hs
Congress of the United States representing the legisa
authority Of the owners OF that territory The Fsops u
the United States may think proper 10 govern them
would not deprive OF the power II l could and my
belief that cannot deprive ourselves Of Il II we
would. conceded II 10 them--no that they had right
10 demand il, but because reasonable, and Just,
and proper, and lair under the clrenm,tnee TO allow IT.
Under other circumstances might not be and ~ under
other circumstances bad thought 1t would not be So
should not have felt myself compelled 10 grant il, be-
cause they had right over, above. paramount 10 our
entertain different view There is the honorable sena
tor from Michigan He thinks were only conceding
what we were bound 10 eoncede; that merely
carrying out by our legislation, inherent right there
tofoe existing do not But the bill determines nothing
of the kind II necessarily implies nothing but ,hs that
in the existing state oi the country, and in the creum
stances and condition IN which the inhabitants OF hese
Territories will be placed, we thought fa and reason
able in respect TO them, and not injurious TO the United
states, 10 eHlenl oi winch
the bill conles Thai opinion | entertained, and upon
that opinion acted, but never, never in event,
knowledgbg. directly or indirectly, the existence OF this
squatter sovereignty.
/ Mr. BUTLER Mr.. President, hope the Senate will
bear me with patience upon this subject shall
not speak long; but is due TO myself that should
make explanations IN reference 10 the true legal
character OF he provision referred by my honorable
friend from North Carolina as think Il has been mis-.
conceived, and think, have been put into car
cuaion calculated to affect the public mindand put in
circulation too, by The suggestions OF southern al
Washington.
/ concur with my honorable friend from North Caro-
lima in all that he has said 10 the legal import OF his
proviso upon The general provision OF the bill Ard, sir,
that may be distinctly understood, lay down this prop
osition broadly as far as my authority go a law.
yer that according 70 the legal import Of The BILL we
have conferred upon the territorial governments created
By il all ghtfu powers Of lee over every subject
slavery included and the proyiso ITSELF 10 court OF
justice, would not give II different character. Now,
what s the provision OF The bill and the provso! The
ptovso does not al all change the character nerpre.
ialon OF the provision OF The original bill; and in my
opinion, II we bad simply conferred upon the territorial
governments the power 10 legislae upon all matters OF
ghuu legislation, IT would have been before acouft ui
justice, bill having exactly the same operation
Now, sir, take that bill with all its provisions and il
there reasonable mani win not appeal to gentlemen
as lawyers merely, who may be supposed to have some
technical pecuarity of reasonng-but is there
able man who has read the bill, who will say that BY It's
provisions il intended revive the French and Spanish
laws upon The subject OF slavery II neither intended to
revive nor BY lie provisions could II oViye, either the
Spanish the French law. would say, sir, that by de-
suetude those laws have gone out OF existence; bat
than this while say the Missouri Compromise is re-.
peaable and ContT0ltahle by ohcT OF Congress-