Washington sentinel., 1854-03-03

1
under winch we are giong TO act. What would be
thought II collection of foreigners or citizens
der the lead OF a man like Captain Walker, the
hlituster, should go upon the soil Of the United
States take possession OF portion the territory
ofthe United States, and set up a government for
themselves! They might, in such case, do either
one or two things: they might either set up the
standard of rebellion, claiming the territory Of an
other government, IN which case they might be
invaded; or they might claim TO be American citi-
zens, with right TO govern themselves in any
territory, free from any control, except their own
judgment They certainly might do upon the
principle which is contended for by some gentle
men, think, however, that IL is a wise principle
ofthe common law that any who enters under
the title of another shalt never dispute his land
lords title. Ii people settle upon the common
fterrory 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 observe, or the principles
OF government on which they shall act. lave
those people the right to be independent, and form
and mould such government as they may think
proper! This would be making American terri
tory open to the combination of adventurers who
might think proper TO settle on il, and make
government according to previous concerts TO try
the experiment of some Platonic republic; TO al
low voluntary associations, TO control, if not ex-
cude. the institutions that should emanate from
an organized and recognised government Ii
would be giving to anybody the rights Of somebody
oir, know that II has been said that the Com
stltutlon OF the United States does not proprio
vigore go to the Territories. Now the Constitu-
tion admits of very different views. Ii has what
may be regarded as agencies, such as the employ
ment of the President, Judges, and other officers
with view to carry out It's provisions but il has
also distinct code of laws and Instant when
any people settle upon the territory of the United
States the Constitution goes there, as far those
laws, independent ofthe agencies or machinery to
carry them out, are concerned Territory like
State, cannot pass an post tacto law. The
people Of Territory, as well the people of a
State must observe the obligation of freaties as
the supreme law of the land. | might enumerate
many of the provisions OF the Constitution which
constitute code of laws. The Constitution be-
comes law wherever there is a power either as
sumed or conferred TO administer il. And none
protesting the faith and allegiance Of American
citizens can egisate Without it, 1t is the mould of
all American institutions, and under its authority
Congress, and not squatters, claiming by mere
settlement an inherent sovereignty, must give the
chart of governments chart comfortable by the
trustee from which it emanated, with the controll-
ing influence upon the trustee of the instrument
from which he has derived his authority, the Con-
stituton. II is but putting the territorial agency
under the direction guidance, and control of con
stitutonal trustee Il is but reducing to consti-
tutional trustee all matters that puJlice jnr,s,
and preserving trust for those who are entitled
10 its enjoyment against the rapacity of few who
may claim the right Of hasty occupation.
The moment any people settle upon common
territory of the United States claiming to be citi-
zeas of the United States, they enter as tenants
ofthe United States acknowledging that they hold
under the Constitution of the United States; and
ifthey were 10 attempt to change any Of the laws
made by Congress- they would, in my deliberate
Judgment, stand out in the attitude of rebellion.
have, therefore. no idea that in the vote which
| shall give upon this bill, | will be committing my
self TO any such doctrine that of the uncon-
troled sovereignty of the people Of the Terrific
res. II is subject which has been discussed
here with great deal of ability by 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 first
man who goes into the territory sovereign
May five or six meet in bar-room, and enter into
government, and control the destinies of a
Territory2 | never will assent to any such doc
trine. Juan Fernandez or Robinson Crusoe might
say: 81 am monarch Of all survey" American
citizens, settling on American territory, must
act under the limited monarchy of the Constitu-
ton. That is the monarch Of all 1t surveys, and
il makes Congress the governor and trustee, with
the trust l:.ilira.i,.. .i. .!usl limited
by considerations of equality. know that it is
very common to attrbute.to the South some turn
for metaphysical distinctions; and may say that
do not regard Congress as sovereign; but re-
gard Congress as representing the sovereignty
which the different States have yielded to the
United States. In other words, South Carolina
sovereignty, 10 be exercised by Congress for the
common benefit of all the States; and within the
spere Of those delegations, the power of Congress
is supreme South Carolina has consented that
Congress may do certain things for her; Virginia
has consented that it may do the same things for
her; but never did either consent TO give un-
limited power TO Congress, or to part with what
may be regarded as one of the reserved rights of
sovereignty in the enjoyment ofthe common prop
erty of the country. would not give up such a
rio m fha tran xuh alaa
a territorial government. What ought TO be le-
gally, is what the Constitution contemplated
should be.
Under my views, neither Congress nor terrific
rial government can do anything which is incon-
sistent with the separate and combined sovereign
ties of the States. Common territory cannot be
partially appropriated One with a white dress,
and others with dresses Of different coors, are not
withstandng the difference Of their vestments,
equal tenants in common.
What is the ordinary course ofthings in relation
TO the government of newly-acquired territory,
by either the arms or treaty the United States?
The title of the States thereupon Immediately at.
taches, and government in the name and under
the principles of the Constitution, is commenced.
AS soon as Congress can it assumes the. jurisdic-
tion which belongs to the government of the Uni
ted States. II assumes the jurisdiction of pre-
scribing government for the people, as well as
taking care of the territory propt rty. II as
sumes TO perform recognised function of re.
sponsible trustee, and 10 maintain the rights of
all against the trespasses of any | have never
considered that that power was derived from the
provision of the Constitution which grants 10 Con-
gress authority 10 dispose Of and make all need.
tul rules and regulations respecting The territory
or other property belonging 10 the United States.n
When | came here-and then younger
man than ! am now, and certainly more inexpe.
rlenced-and heard that urged the source of
the power of Congress 10 govern a Territory,I
was not at all satisfied. II had been assumed by
Madison, and by great many men ofwsdom and
authority but when there were no such issues
as have since occurred Chief Justice Marshall,
with clearness and with philosophical preci-
sion which his mind impressed upon everything
il touched, suggested the true doctrine. He said
that the very acquisition of Territory, either by
treaty or by war, carried with it the obligation to
give it government, fyou had nothing Blu, the
Territory, you might dispose of it as property but
i you found upon it people who had become citi-
zens under the terms of the treaty, you were
bound ca aecessitate roi TO exercise resulting
rust, and to give them a government. He con-
Tended that il resulted from the necessity of the
case, and as incident 10 the right of dominion, to
rive them such n povernmen. and therefore fha