Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-03-25

among Others to make treaty by which territory ma
be acquired but the moment the President acquires tn
territory no matter what may be the purpose for whic
it is needed he do no more. But the Constitution
intended that this power should be carried into full effect
should be made available, that in view should
realized the nation and therefore it gave TO Congress
the power pass all laws necessary TO carry into
ton complete to give full operation and effect to thu
power of acquiring territory by treaty
Then how stands the case Here is, as think ar
express power make treaty by which We may ACQUIRE
territory, well to make any other treaty; for NJ
particular class of treaties is specified by the Consttu
ton Here is provision that Congress may make al
laws necessary to carry that pow into execution What
is necessary? The President has power to acquire terri
tory and this clause confers upon Congress all the pow
ers Of legislation necessary in that emergency perfect
the act OF acquisition, and devote to ends proposed in
acquiring it. ....-
Let us see how we have acted upon this matter By
our treaty with China, to take single instance the
Chinese Government put citizens of the United States in
China out of the jurisdiction of the domestic tribunals
China and declared that they should be there under the
jurisdiction Of the United States. The President with
the consent of the Senate ratified that treaty Suppose
II had stopped there these would have been lost to
all law discharged from the domestic tribunals and
tribunals established because the President could esta
bsh nome to execute the laws upon American citizens
there residing What did we do Why, in 1913 pass
ed an act by which constituted Copsuls aud our
Commissioner In China courts Of justice We authorized
them to take cognizance of civil We authorized
them to hear and determine prosecutions for offences
We authorized them to pronounce and execute judgment
OF American ciuZenS In the Cllna
for offences there committed, and how did We do it! We
did not require any jury We did not conceive that
were establishing courts of the United States within
the meaning OF the Constitution Congress did not desire
this power under that clause of the CONSTITUTIONS for if
those courts had been "inferor courts within the
ing Of the Constitution, their judges must have held
during good behavior. They we're executing no such
power they doing precisely what this last clause at
the end of the enumeration of powers authorized them to
do; they passing law which necessary and
proper TO carry into execution the power vested by
Their clause in the President of acquiring jurisdiction by
treaty The President, with the advice Of the Senate,
by treaty made compact in virtue of which citi-
in China though they there ceased TO be liable
the local jurisdiction. That all tst the President
could do but Congress passed law-tor what? Why,
for governing American citizens in Chinh, establishing
them and establishing them in just such form
they pleased-1he consus and the commissioner hold
og under the President at his pleasure, being antho
rlzed to try, condemn, and execute American citizens
without jury; the only provision being that, in the
Of capital offence the consul should call or
more not exceeding onr American citizens to aid him.
The two cases. IN my Judgment have precise analogy.
In the case Of the acquisition Of territory by treaty. the
inhabitants with the territory transferred under the
jurisdiction Of the United States. by the treaty with
China citizens in that territory though the territory
remained Chinese, though acquired jurisdiction
over the territory such, yet transferred from the
local jurisdiction TO jurisdiction In the
took the land and the inhabitants together In the other
case took particular class of inhabitants there to
wit our citizens residing there and leaving them within
dlcton over them. Where ASK did get power to do
either: Here is a clear power, Undisputed can
mistake it nothing can be said against and any thing
WHICH denies the power OF Congress to regulate and
the Territories denies the validity of the act of lS4S
and pronounoes 1t to be gross usurpaon and leads to
the inevitable consequence that If be executed by
the award of consus and commissioner in China, they
arc oil guilty OF murder morally, and suppose, if they
have any laws in China might be said to be legally.
Now, Mr. President, have doubt myself about
the entire authority of Congress to control the Territories
than have about the power OF Congress to pass
prcpriaton-not bit and yet concurrcd in that bill
Why Although admit pndouhted authority, al
though admit we have right to establish Tor them any
sort OF government we please and to do did in the
carrier history Of the country, to do did with the
Territory of Qrleansestabiish government composed Of
governor appointed by the President and thirteen free
holders selected legislative body by the President
although have the power to do upon the subject we
please, we are bound to regulate ourselves in the
else Of that power by considerations of justice and
and prudence and kindness and therefore should
vary our legislation according the varying circun,-
stances OF the Territory and the various purposes which
1t Is intended to apply it, For instance il the Govern
men Of the United States should acquire in the Mediter
small island being important TO us for the
protection Of commerce, important as place on
which to locate navy yard and naval depot and
station, without being dependent rpou the favor
OF foreign Powers for such establishment, certainly
would not be for holding either that the inhabitants of
that island had that it right grant hen the
power Of segovernnent but that the contrary con-
sdering the use for which intended the island would
be the most unwise thing in the world permit them to
exercise any such power. The probability is that we
ought, and THAI would under such circumstances es
tabSh military government them because the ac-
QUESTION was intended for military purposes But when
we are establishing government Territories which
are ultimately to be introduced into the Union as States
when establishing nurseries of freemen who are
hereafter to be equally interested with ourselves in all
the benefits and advantages OF this Government course
vary legislation to suit the existing circumstances
Wegran to them all the rights OF sefgoyenment which
consistently with the supremacy Of the chief or prin
cipa Government the Government Of the United States
We retain certain safeguards. We have in this bill pro-
vded Cor officer to be appointed by the President who
is to exercise limited the decisions Of the
representatives. Of tho Inhabitants and had in the bill
provision that their laws should be sent here to US.
had serious objection this last being stricken cut
because according to judgment 1t does not make the
smallest difference in the actual relations which the Ter
rories bear to Our authority them is and con-
tinues to be, and until they erected into States
not to be- full and plenary We may, year
this bill is passed. if it shall pass retract the whole gov
ernment; may, after they have passed all their laws
repeal them at blow. The government exists by ex
ercise of will and with such powers as we please 4
confer and may retract them at pleasure in whole
in part.
And therefore Mr. President when gave my consen
to this BILL did not conceive myself to be in any
form recognising the existence of what is called
squntter sovereignty. did not, and do not admit tina
the Of this Territory those who they
those who may go there hereafter have any nheren
right to govern themselves II they go upon terri
tory, they submit to be governed we, the Con
gress of the Quilted States, representing the cgsativ
authority of the owners of that territory the people
the United States, may think proper to govern them.
would deprive Of the power if could, and my be
lief is that deprive ourselves of If would
conceded it to them not that they had right to deman
it, but because it reasonable and just and proper
fair, under the circumstances, TO allow it. Under otbe