Squatter sovereign., 1855-04-17

number of those living upon the western
borders of Missouri and other States, were
waiting anxiously TO pass over into those
Territories. 1t was soon announced that
the bill organizing Kansas and Nebraska
was passed; and, without any further an
nouncement, these enterprising emigrants
passed over into those Territories. Di-
rectly after, they learned, by the publiea-
ton of your laws, that the preemption law
had passed, by which the people thought
they had the right given to them TO settle
upon lands in those Territories, for SO the
law itself expressly provides. This treaty
with the Delawares was made In May, and
ratified sometime in July or August. Be-
fore the publication of the treaty, however,
the people of Kansas heard that Attorney
General Gushing had decided that the set
tiers had no right 10 go there, notwithstand-
ing they were already there under the pub
lished law.
In regard to this opinion of Attorney
General Gushing, it does not, perhaps, be-
come so humble an individual as myself to
speak, as can scarcely venture to put my
opinion in opposition to that of so distin-
guished and learned no officer. But will
1
that opinion, without now entering fully in
to an explanation of the grounds of my
opposition. If had time, and more ia
vorable opportunity, would do SO, yet with
becoming diffidence and respect, My pres
cnt purpose will be accomplished by diff
ference between that opinion and my own.
By the Delaware treaty, as | under
stand it, the Government of the United
States holds nothing in trust but the mon
ey to be realized from the sale of the lands.
BY the first article the Indians transferred
their lands and vested the absolute right Of
soil and occupation In the United States.
This was coupled with no condition, Tut
left the lands subject only to the general
legislation Of Congress, to be governed, as
to occupancy and settlement, by the gen.
cral law. Yet, Notwithstanding this, the
committee have come to the determination,
at least think they have, to pass this
amendment. Now, what will be the re-
sult2 Why, it would be this: that you
will now exempt these lands from the gen.
eral law and shut out from Kansas Terri
tory the settlement of perhaps the very
finest portion of that Territory. You will
have one law for the people of that Terri
tory, and another for all other citizens Of
the United States. You will leave your
general law upon the statute-boob, aplica-
bic to all other lands in the United States,
but not applicable to these Delaware lands
upon which, by its very terms, you have
invited these emigrants to settle. To say
nothing now Of the policy Of such legisla-
ton as this, it may be well to inquire how
far it is competent, under our form Of Gov
eminent, for the ireafy-m,akine po,eer thus
to impose conditions and restrictions upon
the laer-mahing poacer. The latter includes
all questions of domestic policy, and when
it acts 1t extends its authority over the
whole Union. But the former embraces
only questions of foreign policy, strictly
speaking, and although what it does is the
primary law of the land. yet it cannot, I'M
der the Constitution, exercise any legisla-
tire authority. 1t may bind the United
States, as whole, to foreign Govern
ment or an Indian tribe, that it will do or
not do certain thing, but then the thing
TO be done or not to be done must not be
in conflict with the general and domestic
law, it must not change or limit that law.
That can only be done by the Legislative
department. As in the case / am now
discussing, the general law, passed by 10th
branches of Congress, extends the right Of
pre-emption over all the lands in Kansas,
yet this treaty. made by the President and
Senate, limits this right to particular por-
tons of the Territory. l submit that these
are grave questions, into the full discussion
Of which shall not now enter. But the
mere presentation of them are we'll calcu-
lated to excite the inquiry, as to how far it
is in the constitutional power Of the Presi-
dent and Senate to limit and restrain the
right of legislation which is lodged, not in
the States merely, but in the people of all
the States.
But what do you accomplish by this
amendment, If it passes! You gain moth
You produce confusion that will neither
benefit Indian nor settler Mr.. Chairman,
I have done all that could since l have
occupied a seat upon this floor to promote
the interest and secure the advantage of
the settlers and Indians. | have said to
them, as [ now say to this committee, that
the white settlers of Kansas are willing to
pay fair price for this land. Do you be-
licve, Mr.. Chairman, that the Government
can sell it for more than 81 % per acre?
II that be the expectation of gentlemen,
they will be disaFpointed-and yet you
now propose to act under an impression
that they will produce much larger sum.
And by thus acting you will impose hard
| ships upon these settlers who did not re-
ceive proper notice of the Government be-
fore they went upon the lands of the re-
strictions which you are now seeking to
impose. The people who went there in
May and July went there and settled up
on these lands as honestly as any men ev-
er did elsewhere. There was no publica-
ton informing them that they had no right
to go there until they had actually settled
and put Improvements upon the land. De-
priye them of their land, and you take
from them what has been purchased by
their last dollar, and turn their wives and
children out to endure the inclemency of
the season in a wild country. In their name
l ask for justice; nothing more. They do