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


laws, 10 make constitutional"
Mr. McLape of Delaware, in the House Of Represent
atyes, April 30 1890 addressed the committee follows
"The State which have tho honor part to represent
has been the theatre Of full share Of this agitation the
proposed Of slavery and the honorable legsa
OF that respectable State have been pleased recently
take up the subject and have unanimously resolved that
in their opinion Congress have the constitutional power
and ought TO mpose this restriction upon the States
.UsT $1,000 .at
g Mr.. Chairman, the great question involved in this
amendment is neither more nor less than this Whether
Congress interfere with the people of Missouri in the
formation Of their constitution compel them introduce
into any provision touching their municipal rights against
their consent and to give up their right TO change H. what
may be their future condition. that OF Their posie
y' Everything beyond this is merely the imposing garb m
which the power comes recommended to us certainly
that attempt take from this people the right OF
deciding whether they will, will not tolerate slavery
among them less objectionable, because OF It's end than
would be if il insrfeed with other local relation or
right of property but the power do this implies power
Of much greater Congress has greater
slavery the rights of the any particular
State than has any other local relation domestic
right and therefore, power TO interfere with ono must
be derived from power to interfere with all"
The third article Of ths treaty of 1903 cedng Louisiana
TO the United States contains this provision;
The inhabitants Of the coded territory shall be incopo-
rated in the Union Of the United States and admitted as
possible according to the principles of the federal
constitution the enjoyment of all the rights advantages
and mmunes of citizens of the United States and IN the
tme shall be protected in the free enjoyment Of their
Ii be conceded that this article designed TO
have meaning, and the inhabitants
rights ard advantages to which they could have claim
without it. Il viii do, in the Interpretation Of import
instrument Of this description, say that the only
tce which applies to the inhabitants whose rights would
be affected by the transfer is matter Of form, with
substance design. Its language clearly imports
its intention to confer rights advantages and mmunites'
s OF ss and xs Ss ii hsv saus S
What would have been tho condition Of these inhabitants,
in relation to tho government Of the United States if the
treaty had not contained this provision Sir the power Of
the general government them and the Territory would
have been supreme could have kept them state of
perpetual colonial dependence placed them any form
of government Whatever and il pleased have sold them
discretionary to hays incorporated them into the Union
not. pleased, and give them such rights az it
thought proper, and when pleased Now, these are the
very this treaty meant to tie up and when we con-
slider the objections which tho language and foreign habits
Of these inhabitants might have ntePosed to their ncorpo
into the Union, and that the United States bar
gaining for tho FREQ navigation of the Masisspp river
than accession Of territory population became an
impcro1s duty on the French Government to stpulate
that United States obtained their object they should
be compelled extend the rights and dvansges Of free gov
eminent to the inhabitants. E
tThey are to be incorporated into the Union of the Uni
ted States and TO be admitted soon possible to the
enjoyment of the rights, advantages and immunies &c.
and lin the time, they to be protected in the free
enjoyment; of their property Tnis latter claim shows
that their incorporation into the Union meant more
territorial form of governments they to be under such
government until they could be incorporated Into this
disturbed. 1t was only under that form of government
that the United States could interfere with these rights
their power would when became possible to in
corporate them into the Union and admit them to the
enjoyment of all the rights advantages and immunes
of citizens of the United St,tes OF which they
would themselves be authorized to regulate their own prop
"Now. Mr.. Chairman, the people of Missouri cannot be
Incorporated into tho Union but the people of State,
exercising State government. union of States,
of people-much less Of Territories territorial govern
form integral part of unien of State govern
ments neither the people of Territory enjoy any
federal rights until they have formed State government and
obtained admission into the Union The most important Of
the federal advantages and mmunes consist in the right Of
teng represented ], Congress- well in the Senate in
which they are governed These emphatcay the rights
advantages and mmunes Of citizens of the United States
The nhabitant of Territory merely has no such rights
disability, respects his political civil rights Can
be called right to acquire and hold property and have
voice By which its disposition 10 to be regulated Can be
called advantage immunity Of citizen of the United
States to be subjected to government IN whose aelbcra
tana he Laa no ShsrA rufe 81 power ire
sponsibe, to him at least for its conducts Sir the rights
advantages and mmuncs of citizens of The United States
and which their proudcst boast, the rights of self
govenmenfrst in their State constitutions and secondly
the government Of the Unon in which they have equal
1t is admitted however, by the honorable gentleman
from Pennsylvania, Mr. Hemphi that they to be ad
mted according the principles Of the federal
ton, and hence that, as by those principles is dscro-
tionary for Congrcss to admit not liberty
act not act Surely sir this argument resembles too
nearly play upon words be received by grave legsa-
tive body, protesting good faith the spirit Of
treaty. Such construction would render the treaty
nully lis plainly to say to the people Of Missouri
that though cannot deny that the treaty has stipulated
that you shall be admitted yet that shall the liberty
of executing the contract not please There IT,
frat definite and distinct stipulation that the inhabitants
shall be Incorporated in the Union of tho United States
and then follows tho subsequent clause Of the article clearly
explanatory Of the Of ncorporaton'to wit and
admitted possible, according the principles Of
the federal constitution the enjoyment of all the rights
In this included positive engagement that Congress
shall exercise their power admit these inhabitants into
the Union there other articles Of the treaty that
Congress shall pass the necessary laws for carrying their
respective provisions effect The words according to
the principles Of the federal constitution obviously apply
the extent of the population the obligations incurred
virtue of tho admission. This manifest from the
provision that they shall be admitted possible
according the principles OF the federal constitution n
had been designed to leave the matter discretionary would
been useless provide for their admission ss
possible II the provision had been that they should be
admitted their number shall forty thou
sand there would have been doubt; the actual
is not less explicit II makes il obligatory upon Congress
to admit them they have the power to admit
hem under the constitution. They have this power ns
the population sufficiently numerous according TO
he established ratio Of representation cne the State 10
representative.
Sir this clause is entirely in favor of the nights Of the
nhabans and restrictive Of the powers Of Congress Its
,bect merely their incorporation in the
Union which might have been liable some embarrs.s
nen but also to them that incorporation and the