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

nomination of Christians or abolish the liberty
of the press, or establish polygamy, if may
be allowed to advert to topic which has been
introduced here
a SENATOR. Or exclude it perhaps.
Mr.. TOUCEY. | will not express an opin-
ion on that point, as | am only stating what is
perfectly clear. One thing will say, however,
II the government has power to prohibit po-
lygamy in one of the Territories, rs some gen.
tlemen suppose, and it is there openly and
avowedly practised, think we are called upon
to exercise that power. Those who think we
possess the power, think are called upon to
invoke its exercise.
But it viii he said that we have exerled the
right of establishing territorial governments,
and of appointing judges. WE'LL sir, you did,
on q former occasion, Mr. President, take the
course of refusing a territorial government to
the people Of California. Month after month
year after year, you refused to exert the as
sumed right. What was the consequence?
Why, there was a sort of government there of
q military character exercising civil power.
1t was the government de .tacto, and its acts
as de .tacto government were valid
Sir, find no difficulty with regard to the
territorial governments which we have had.
They are assented to by the people who live I'M
der them; are adopted by the people, and put in
operation by the people; and when the assent
OF the people and the assent of Congress both
combine to uphold government de .tacfo, that
government is in the possession of power, and
it would be very difficult to question its practi.
cal validity. And as the people participate in
territorial legislation, and, in fact, the laws
originate with thenl--are proposed and adopted
nv fham-thacn lnpc boyn nnI ~ ha
sumed assent of the people, but their express
assent also; and having the implied sanction
Of Congress, if they are consistent with the
Constitution, there seems to be no element
wanting to render them effective to all intents
and purposes whatsoever. But | mean to say
that in the exercise of the power over the terri
tories acquired by the treatymaking power,
you are bound to exercise that power in con-
formity with the principles of the Constitution;
and if you do otherwise, although the law may
not reach it, and courts of justice may notreach
il, yet you are acting unconstitutionally; and
if we knowingly and willingly violate the prin-
ciples Of the government in exercising the ne
cessary power that arises from the acquisition
of territory, we-violate the obligation that is
upon US to support the Constitution.
When, therefore, this principle of non-inter
ference applies TO all the States applies to
every State that has come or will comeinto the
Union-when, in very short period, sovereign
States will occupy every foot of territory within
the limits of the United States, and this princ-
pie will become universal, are we justified, are
we acting in the true spirit of the Constitution,
arc we not violating the obligations upon us,
when we trample this principle under foot, and
undertake to control the domestic relations Of
a people who are, with our consent, i'll the pos
IS L. Il
us to be capable of exercising it?
Having thus shown, sir, that this power of
Intervention does not exist within any State,
either within the existing States or in the pro-
spective States; that non-interyention will be-
come universal; that, from the principles of our
government, it is necessarily q constitutional
principle, and our true constitutional policy
which should control us in our action; and that
this was the policy that was pursued by the
trainers of the Constitution and the people that
adopted it, | come to the period ofthe Missouri
restriction. / come to that fatal viii not
say fatal-to that memorable period, when, in
he'opinion of an exalted patriotgthe author Of
the Declaration of Independence, and the chief
apostle of liberal political principles in Amerca,
the "knell of disunion was ringing;'' and he
expressed the sad apprehension that all the
sacrifices that had been made by our revolu-
tionary fathers to get rid Of the power Of Great
Britain, and to set up this free government,
were about to be wasted and lost forever by the
agitation of this dangerous subject-that mem
orable period, sir, when Congress, for the first
time in our history, undertook to dictate domes-
tic institutions to an incoming State.
Mr.. President, when this delicate and dan
gerous question was first presented in the Amer
lean Congress, it was northern movement
against counteracting southern movement.
The object of that movement was to say to
Missouri when she had the requisite number to
be admitted as State-when the Territory
was originally slave holding territory-when the
institution Of domestic slavery already existed
the object was to say to that State, you Shall
not be admitted into this Union unless by your
own power you forever abolish slavery within
your limits. If Missouri had not come into the
Union, if she had set up as an independent
State, and knocked at your doors, and you had
refused her admittance if she had adhered to
that institution, and had come here and said to
you, if we come in we come in as a coequal
State with coequal sovereignty with every other
State, and You had insisted upon that dictation,
where would she have been and what would
she have been? A State outside of the Union,
or in the Union? A foreign State, or State
under the Constitution? There was there
difficult and dangerous question; and may
be permitted to say, with the best light have,
that it was this consideration which controlled
the ultimate action, and produced ultimately
the wellknown result But. sir, what was this
proposition? 1t was what is now almost uni
versally admitted to be an unconstitutional
proposition. 1t was usurpation of power on
the part of this government. 1t was an uncon-
stitutional exercise of power to undertake to
say to that State, you shall not come into this
Union unless you will frame your constitution
as we shall dictate to you on this delicate sub
ject. The attempt failed; and it came up again
in another form, and that was the form in which
it was adopted Here was a territory lying
north of Missouri uninhabited, not likely to be
occupied for great length of time, and the
men who struggled for the constitutional rights
Of Missouri and Of the south, not deeming it
perhaps very Important allowed the act to
pass. Many of them, perhaps majority, con-
Cured in the passage of it.
But this act, as l have already had occasion