The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-08

OF Kansas rs one declaring thai no saveholder shall be
eligible 10 Office ~ either OF those Territories, that no
one protesting the Catholic eigon, that Jew, shall
be eligible 10 ohce, or that The MormOns shall have
preference would you tolerate According 10 some
notions which have heard expressed here. having pat
This machinery OF government in operation, you have
power TO control H. In other words II is conlended that
though territorial government s under power OF at
torney EN- anang from principal yetas soon as the pow
er OF attorney signed BY the principal becomes iTrev
ocabe, and that then the attorney can do anything which
he pleases without the controlling revokng power OF
the principal II that the case might hesitate TO
trust the people with the unlimited powers which
seem 10 think have been devolved on them in this bill
but which cannot be implied either from the opinions
pressed here, or from the design oil the bill itself We
must consult and obey the auspices under which
going TO ae, What would fe thought il collection Of
foreigners citizens, under the lead OF like Capt
Walker. the ibus,er. should 60 upon the soil ot the
United States take possession Of portion Of the terri
tory OF the United States, and set up government for
hemseves' They might, in such case, do either one
OF two things: they might either up the standard Of
rebellion, claiming the territory OF another government,
claim TO be American citizens, with right TO govern
themselves, IN any territory, free from any control
except their own Judgment, They certainly might do
SO upon the principle which is conlended for by
gentlemen. think, however, that it is wise principle
| OF the common law that any who enters under
the title OF another shall dispae his landlords
title II people settle upon the common territory of
the Union, claiming TO be citizens OF the United
States. they have no right TO dispute their landlords
title. The United States through the organic action of
Congress, are their landlord and they have right to
prescribe the government which those people shall OBJ
serve, or the principles OF government on which they
shall act Have those people the right to be independ
ent, and form and mould such government they may
think proper' This would be making American terri
tory open TO the combination OF adventures who nigh,
think proper to settle on II, and make government &C.
cordng TO previous concert; TO try the experiment OF
some Patonc republic; TO allow voluntary associations,
to control. il not exclude. the institutions that should
emanae from organized and recognised government
II would be giving TO anybody the rights OF somebody
Sir, know thai has been said that the constitution
OF the United States does propro gsore go 10 the Ter
the
views. II has what may be regarded agencies, such
as the employment OF The President, judges, and other
officers with view 10 carry out its provisions but II
has also distinct code OF laws and i~stanh when
any people settle upon the territory OF the United States
the constitution there, as far those laws nde
pendent OF the agencies machinery TO carry them out
concerned Territory, like State, cannot pass
post foeto law The people OF Territory, well the
people OF State must observe the obligation of treaties
as the supreme law OF the land might enumerate many
OF the provisions OF the constitution which constitute
code oil laws. The constitution becomes law wherever
there is power, either assumed conferred TO admins
ter IT. And processing the faith and allegiance of
American citizens can leglslafe Dittom II. II is the
mould OF all American Institutions and under its author
iy Congressand not squaiters, claiming by settle
men inherent sovereignty give the chart of
governments chart contfoabe by the trustee from
which il emanated, with the controlling influence upon
the trustee OF The instrument IRON which he has derived
his au,horily-lhe constitution IL is bu, putting the ter
rloral agency under the direction guidance and control
OF constitutional trustee It's but reducing to consii-
tuona trustee all matters that are publice Juris and
serving lrus, for those who entitled TO its enjoyment
against The rapaci,5 oi a lew who may claim the right
oil hasiy occupation.
The moment any people settle upon common territory
Of the United States claiming 10 be citizens Of the Un
ted States they enter as tenants OF The United States ae
know edglng that they hold under the constitution OF ihe
United Sales and II they were to attempt 10 change
OF the laws made BY Congress- they would in my deb
crate Judgment stand out m the attitude OF rebellion:
have, therefore, no idea that in the vote which shall
give upon this bill, will be committing myself TO any
such doctrine that of the uncontrolled sovereignty OF
the people OF the Territories Il Is subject which has
ha herr with la aa.lo of abt hu Mr
Clay, Mr. Webster. Mr. Calhoun, and others; but, air,
when we come TO investigate this idea OF spontaneous
sovereignty what does IL amount to- Is the first
who goes into tho Territory sovereigni May five or
six meet in bar-room. and enter into government,
and control the destnies OF Terrtory' | never will
any such doctrine Juan Fernandez Robinson
Crusoe might say al monarch OF all survey" Ameri-
can citizens settling on American territory must act under
The limited monarchy of the constitution That Is the mon
arch OF ali surveys, and makes Congress the governor
and trustee with the power OF deegaing The agency ad
minister the trust with Limitation that IL must be limited
BY considerations OF eqsaiity know II s very common
TO attribute 10 The South some turn Tor metaphysical DIS
unctions and may that do not regard Congress as
sovereign but regard Congress representing the SOW
eregnly which the de States have yielded the Uni
ted States In other words. South Carolina and Virginia
agreed to give up portions OF their sovereignty 10 be ex
ercised BY Congress for the common benefit of all the
Saes and within the sphere OF those delegations the
power OF Congress is supreme. South Carolina has
sented that Congress may do certain hings for hers Vr-
GINA has consented that It may do the things for
her; but never did either consent TO give unlimited
power to Congress, part with what may be regarded
OF the reserved rights OF sovereignty in the enjoy
men Of The common property of the country would
not give up such right 10 the transient population
which makes territorial government What ought TO
be legally is what the constitution contemplated should
/ be.
| Under my views, neither Congress territorial
government do anything which is inconsistent with
the separate and combined soveregnies OF the States
Common territory cannot be partially appropriated. One
with white dress and Others with dresses Of different
colors, are, Notwithstanding the difference oil their vest
mens, equal tenants in common
What as the ordinary OF things in relation 10
the government OF newly acquired territory by either
the treaty OF the United States The title OF
the States thereupon Immediately attaches and govern
men in the name and under the principles OF The oonsi
tuition, is commenced AS Congress can, IL as
of the United States II the jurisdiction oi pre-
scrbng government Tor the people, well as taking
care of the territory property II assumes 10 perform
recognised function OF responsible trustee, and 10
MAINTAIN the rights OF all against the tTespasses OF any
have never considered that that power derived from
the provision OF the constitution which grants 70 Con
gress authority to "dspose OIL and make all needu rules
aud regulations respecting, the territory or other property
belonging to the United States" When came here
and wae then younger man than an now, and
ainy inexperieneed-aod heard hat urged as the
OF the power OF Congress to govern Territory,
was not al all satisfied. II bad been assumed by Madl-
son, and by great @any oi wisdom and authority
bu, when there such issues as have
red Chief Justice Marshall, with clearness and with
philosophical precision which his mind impressed upon
everything II touched suggested the doctrine. He
said that the very acquisition OF Territory, either by
treaty by war, carried with il the obligation TO give IT
government II you bad nothing bat the territory you
might dispose OF i as property; but II you found upon 1t
people who had become citizens under the terms OF the