The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-21

State which have the honor in part TO represent holds
ple from the federal government or from tbs Constitution
Ihey are inherent rights and know OF difference be-
tween Stale and the people OF a Stale, Wheaeyer.
therefore, may be proper for the people, in the exercise
OF legislative power, TO enact law with regard TO their
domestic relations IT is exercise of their inherent
right You may suppress III you may overbea by force
and yolence but il is right that under the constitution
OF the United States, you cannot take away Any
sIuton which should purpor 10 take away this reserved
right OF elgoyenment in regard 10 domestic relations
10 regard 10 personal rights the laws Of property
people OF this country.
know, sir, that opinion has prevailed 10 some ex
lenl--at least apparently-that when acquired the
Territory OF Louisiana BY treaty with France. pur
chased not only the territory the land the public property
10 the Territory but that purchased the rights and
liberties OF the people who in the Territory, and of
all who might go into il; and that Congress. from time
TO tme deals these rights and Liberties 10 the people
as some OF the despotc kings OF England formerly did TO
their subjects but bad thought the OF all this TO
De true: had supposed that the people were the oun-
lains OF power that Congress possessed power
me Sates or Territories, except what granted 70 it
by the States or the people in the terms of the consttu
lon that the powers NOT granted were reserved, and
that therefore, il was necessary TO back TO the
su,ion and TO find there express grant OF power,
one necessarily implied, 70 warrant The Legislation Of
Congress Ths peope Of Maine. OF OF Georgia, or Of
California, cannot, by any grant Of theirs, convey away
The nights OF the people OF Ohio, or OF Connecticut or OF
The people of Nebraska The people are the masters
OF States, and they are the of constitutions; and
their rights, as men, are the source from which all the
rights OF government, Of the State governments and OF
The federal government, are derived.
say, then, sir, that there is not TO be found in the
constitution letter or syllable which will take away
this right OF the people TO themselves in regard to
lhe treaty making power. ! confess that differ from
many IN regard 10 the extent oil that power think il is
competent for this government, by the exercise Of the
treaty ymaking power to acquire territory as we ac-
CURED the Territory OF Louisiana, OF Florida, and OF
New Mexico and California. think the treaty-making
power is broad enough to purchase the land do not
| think the ueatV-makIDx OF this
government broad enough to purchase and acquire the
rights and liberties OF The people upon It, so as 10 make
sntutinn by which there are implied powers granted.
which are necessary TO carry out the enumerated powers
and the other powers which are expressly granted in
the constitution, and is the treaty y-making power
When therefore, you exert the treatymaking power, and
extend our limits so as 10 bring new territory within
them, you pelent 10 do ii; you have the power
10 do II; and having done il, you have the power over
the property il il is vacant You may draw the lines of
States and Of Territories you may withhold the public
and sell the land within those lines; bu, The American
citizens who go upon the land 90 there with all the
rights OF American cltzeRs and may become an lnde-
pendent State
| Now, sir, | am not called upon TO say precisely how
lar there follows from The treaty ymakng power neces-
sary power TO exercise authority over the territory ac-
CURED by IT. There are certain points can see very
clearly, and concur in remark which was made on
former OCCASION and has been quoted here during this de-
bale from very great and very celebrated man-Wil.
liam Pinckney-bat here is perfect wilderness OF
power and II very difficult to lay down rule precisely
how Tar sou rlay go, and how far you may notgo On
The other hand, there certain rules which will regu
late yos the exercise OF that power You cannot ex-
erclse any power which is inconsistent with the nature
and constitution of this government. You cannot within
these Territories take away the right OF trial by jury you
cannot within these Territories, restrict the liberty OF the
press; you cannot set up established religion; you
cannot establish nobility there, and you cannot convert
this government into monarchy nor into an olgarchy;
you cannot 20 on ior an indefinite length OF tme and
bold absolute sway over the people upon the teTn-
tory that has been brought under this government by
! the exercise oil the treaty making An American
citizen who goes there goes an American citizen; he
has the rights OF an American citizen which are secured
10 him by the constitution He may not be able to exer
css them there this year They in him, and you
do act in violation of them and when the proper
time comes, you have no right to refuse him admission
into The Union. II they have republican form oil gov
ernment you have no right TO prescribe conditions that
they shall abolish slavery; you have no right TO pre-
scribe condition that they shall up established re-
gon, or give the preference 10 any denomination of
Christians, abolish the liberty OF the press or esiab-
lish polygamy, # may be allowed to advert TO topic
which has been introduced here.
! A SENATOR Or exclude il, perhaps.
| Mr. TOUCEf | Will not express an opinion on that
point, as am only stating wha, is perfectly clear One
hing will say, however, II the government has power
TO prohibit poygamy IN OF the Territories, as some
gentlemen suppose and IL is there openly and avowedly
ptaelised think we are called upon 10 exercise that
power Those who think possess the power, think,
are called upon TO invoke its exercise
4 But 1t will be said that we have exer,ed the right OF
establishing territorial governments, and OF appointing
judges Well sir, you did, on former occasion, Mr..
President take the of refusing territorial gov
ernment TO the people OF California. Month after month,
year after year you refused 10 exert the assumed right
What the consequence Why, there was sort Of
government there Of military character exercising civil
power II the government dc fdco, and IFS acts as
de fdcio government valid.
Sir find difficulty with regard 10 the territorial
governments which we have had. They asseDied
to by the people who live under them, adopted by the
people, and put in operation by the people and when
the assent oil the people and the assent OF Congress both
combine 10 uphold government de facto, that govern
ment is in the possession oil power and II would be very
difficult TO question It's practical validity and as The peo-
pie participate in territorial legislaon-and 10 TACT the
laws originate with them proposed and adopted by
thembese laws have not only the presumed assent OF
the people, but their express assent also and haying the
implied sanction OF Congress, II they are consistent with
the constitution. there seems 10 be no element waning
to render them effective 10 all ntents and purposes
whatsoever, But mean TO say that in the exercise OF
the power The Territories acquired by the treaty ma
iormity with the principles Of the constitutions aud you
do otherwise, although the law may not reach IL and
courts OF justice may not reach it, yeyou are acung un-
consiuuonally; and il we knowingly and willingly vio-
lale The principles OF the government in exercising me
necessary tbai arises from he acquisition Oh ter-
tory violate the obligation that s upon us 70 support
the constitution When, therefore, this principle OF nom
interference applies 20 all the Sa,esapphes to every
State thai has will come into The Union-When,
in very short period, sovereign States will occupy every
foot OF territory within the limits oil the United States,
and this principle will become universai--are we Iusii-
fed are we acting in the spirit OF the constitution,
trampe this principle under ioo and undertake 10
troll the domestic relations OF people who are with our
CONSENT in the possession OF legislative power and ad
oitted by n O be capable of exercising il