Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-03-22

the waves lorSlheir fortunes; and if the ship
were to perish, would they not be justified :
The Missoaiiline of 36o 80, in my jndg.
ment absolutely brought in hostile array, in
these halls, the two sections Of the Union;
and, as said yesterday, believe that, in
stead of PeacssWith healing upon her wings,
presiding oyefsthis line, Electra, with kissing
snakes from Der head, and the torch Of dis
cord in herhabd, has been spon it. 1t is
an arbitrary liae;;i and, as Mr.. Jefferson said,
its establishment has been most unfortunate.
see no authority for it in the Constitution.
The South has never acquiesced in it fur
ther than as asyoluntary offering to preserve
the Union.
The concluding portion Of Senator BUT
LER's speecb:Eiin direct discussion of the
Nebraska Bilb we give entire, regretting
that we. hayesbeen compelled to omit SO
much of wbaHgoes before.
The moment any people settle upon
common territory ofthe United States, claim
ing to be citizsas Of the United States, they
enter as tenants of the United States, ac-
knowledgiug That they hold it under the Con-
stitution Of lie United States; and if they
were to attempt to change any Of the laws
made by Congress, they would in, my judy
ment, stand dht in the attitude OF rebellion.
have, theredIre, no idea that in the vote
which shsIil,give upon this bill, Il will be
committing suYselfto any such doctrine as
that of the Uncontrolled sovereignty of the
people of iiies territories. 1t is subject
which has been dis, Yssed here with great
deal Of abilifyby Mr.. Clay, Mr.. Webster,
Mr.. Calhoun, and others; but, sir, when we
come to Investigate this idea of spontaneous
sovereignty, what does it amount to! Is
the f-jt man who goes into the territory a
sovereign May five or six meet in bar
room, anu enter into government, and con-
troll the destiEies Of a territory | never
will assent TO any such doctrine. Juan
Fernandez orsRobnson Crusoe might say
81 am monarch of all survey" American
citizens, settling on American territory, must
act under the limited monarchy of the Con-
stitutiou. That is the monarch of all it sur.
veys, and itmakes Congress the governor
and trustee, with the power of delcgating the
agency to administer the trust with a lniita-
ton that it must be limited BY considerations
of equality gsss.;. ..,s
T'know that It's very common to attribute
TO the South some turn for metaphysical
distinctions; aud may say that | do not
regard Congress as sovereign; but regard
Congress as representing the sovereignty
which the different States have yielded to the
U. States. In other words, South Carolina
and Virginia agreed to give up portions OF
their soreignty, to be exercised by Congress
for the common benefit Of all the States, and
within the sphere Of those delegations, the
power of Congress is supreme. South
Carolina has consented that Congress may
do certain things for her !; Virginia has con-
scnted that it may do the same things for
her but never did either consent to give an
unlimited power 10 Congress, or to part with
what may be regarded as cne of the reserved
rights of sovereignty in the enjoyment ofthe
common property of the country. | would
not give up such n right to the transient
population which makes a territorial govern.
ment. What ought to be legal, is what the
Constitution contemplated should be.
Under my views, neither Congress nor a
territorial government can do anything
which is inconsistent with the separate and
combined soveregnties Of the States. Com.
mon territory cannot be partially appropria.
ted. One with white dress, and others
with dresses Of different collars, are, notwith.
standing the difference OF their vestments,
equal tenants in common.
What is the ordinary course Of things in
relation to the government OF ucwIy.acquired
territory, by either the arms or treaty Of
the United States? The title of the States
tl,ereupon Immediately attaches, and a gov.
crnment, in the name and under the princi.
plcs of the Constitution, is commenced. AS
soon as Congress can it assumes the jursdic.
ton which belongs to the government of the
United States. 1t assumes the jurisdiction
of prescribing government for the people,
as well as taking care of the territory as
property. Itassumes to perform recognised
function of a responsible trustee, andto main
tain the rights OF all against the trespasses of
any. have never considered that that power
was derived from the provisions Of the Con-
silulion which grants to Congress authority
to dispose of and make all needful rules
and Regulations respecting the territory or
other property belonging TO the United
Stales." When | came here-and | was
then Younger man than am now, and
certainly more inexperienced-and heard
that urg ed as the source of the power of
Congress to govern territory, was not
at all satisfied. 1t had been assumed by
Madison, and by great many men OF wis
dom and authority: but when there were no
such issues, as have since occurred. Chief
Justice Marshall, with clearness and with
a philosophical precision, which his mind
impressed upon every thing it touched, sug-
eested the true doctrine. He said that the
very acquisition ola territory, either by treaty
or bv war, carried with it the obligation to
give it government you had nothing
but the territory, you might dispose of it as
property but if you found upon 1t people
who had become citizens under the terms of
the treaty, you were boud, ca necessitate rel,
to exercise a resulting trust, and to give
them government. He contended that it
resulted from The necessity of the case, and
as incident to the right of dominion, to give
them such government and therefore the
right to govern must necessarily grow out of
the plenary power ofevery owner ofpr,perty,
aut every governor Of people, to make
euob nrovisinns as are consistent with the