Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-19

There is no grant oil any such power 10 DC
found in the Constitution. You find no ex-
press grant, and you find none from which it
could be inferred, unless it be that of the treaty
making power, which shall presently consider.
You cannot derive it, as have already shown,
from that territorial clause to which it is gener-
ally referred by its advocates
Here then, in Territory, and when the
Territory is organized as a State, the right to
legislate over this domestic institution Is n re-
served right of the people of the Stete. 1t is
the same reserved right which belongs to the
people Of every State, vested in them 40 orr
giae, whether active or dormant, still III them,
never out of them, not granted away, and then
reconveyed TO them by act of Congress, but an
inherent, ungranted, sovereign right of the
people, ready to be exercised by them when
organized under q government, SO as to exert
the full Legislative power. | have the right OF
self-delence, and though | may not have the
power to exercise it, the right is in me- |
have the right to be exempt from unjust de-
traction, and though may not be able to en-
force it, still the right equally exists. father
has right to the respect of his children, and
to be exempt from their personal abuse, and
the right still exists though it be violated be-
yond remedy. The right of people, in the
exercise OF Legislative power, to legisate with
regard to this and other domestic institutions,
is a reserved right of the people, which be-
longs to them, and is exercised by them when
they proceed to the formation of u State con-
stituton, and, of course, before they form such
constitution. When they may first be able to
exercise that right may depend on their politi-
they should be organized as a State, or wheth-
h. L.
are questions not now necessary to be consid-
cred. What | mean to say is, that this is an
inherent, ungranted, sovereign right of the peo-
pie; that the people of the original States have
always exercised it; that the people of the
new States have exercised it in the formation
Of constitutions and the enactment of laws;
and that it rests exclusively upon the basis Of
a reserved right of sovereignty never granted
to the federal government. Sir, hold none
of my rights the State which have the honor
rights by grant from any other people, from
the federal government, or from the Constitu-
ton. They are inherent rights, and know of
no difference between State and the people
of a State.
Whenever, therefore, it may be proper for
the people, in the exercise of Legislative power,
to enact law with regard to their domestic
relations, it is an exercise oftheir own inherent
right. You may suppress it; you may over
bear it by force and violence but it is right
that under the Constitution of the United
States, you cannottake away. Any constitu-
ton which should purport to take away this re-
served right of self.government in regard to.
domestic relations, or in regard to personal
rights or the laws ofproperty, never could have
received the sanction of the States and the peo-
pie of this country.
/ know, sir, that an opinion has prevailed to
some, extent-at least appearently-that, when
we acquired the Territory of Louisiana by a
treaty with France, we purchased not only the
the territory the land, the public property in the
territory, but that we purchased the rights and
liberties of the people who were in the Terrific
~, and of all who might go into it; and that
Congress, from time to time, deals out these
rights and liberties to the people as some OF the
despotic kings OF England formerly did to their
subjects. But had thought the reverse of all
this to be true. had supposed that the peo-
pie were the fountains Of power that Congress
no power over the States or Terrific
ries, except what was granted to it by the
States or the people in theterms of the Const-
tuition that the powers not granted were re-
served; and that, therefore, it was necessary to
come back to the Constitution, and to find
there an express grant of power, or one neces-
sarily implied, to warrant the legislation Of
Congress. Thepeople Of Maine, rof Georgia,
or of California, cannot, by any grant Of theirs,
convey away the rights of the people Of Ohio, or
of Connecticut, or of the people of Nebraska.
The people are the masters we are the public
servants The people are the masters Of States,
and they are the masters of constitutions and
their rights as men, are the source from which
all the rights of government, of the State gov
ernments and OF the federal government, are
derived. -s s".. .."... ..
say then, sir, that there is not to be found
in the Constitution letter or syllable which
take away this right Of the people to govern
themselves in regard to their own domestic re-
lations, unless it is to be found in the treaty
making power. | confess that | differ from
many in regard to the extent of that power. /
think it is competent for this government, by
the exercise of the treaty making power. to ac-
quire new territory, as we acquired the Terri
tory of Louisiana, of Florida, and of New Mex
leo and California. ! think the treaty-making
power is broad enough to purchase the land. !
do not think the treaty.making power, or any
power of this government, is broad enough to
purchase and acquire the rights and liberties
OF the people upon 1t, so as to make US their
absolute masters. Well, sir, there is a clause
in the Constitution by which there are implied
powers granted which arc necessary to carry
out the enumerated powers and the other pow
ers which are expressly granted in the Consti-
tution and one is the treaty-making power.
When, therefore, you exert the treaty-making
power, and extend our limits so as to bring
new territory within them, you are competent
to do it; you have the power to do it; and, hav-
ing done it, you have the power over the pro.
perry, if it is vacant. You may draw the lines
Of States and of Territories you may withhold
the public lands from settlement; you may
mark out boundary lines, and sell the land
within those lines; but the American citizens
who go upon the land go there with all the
rights of American citizens, and may become
an independent State.
!. Now, sir, am not called upon to say precise
ly how far there follows from the treaty-making
power necessary power to exercise authority
over the territory acquired by it. There are
certain points can see very clearly, and /
concur in remark which was made on for
mer occasion, and has been quoted here
during this debate, from very great and