Kansas weekly herald., 1855-04-06

zen szenS-1i g Is - not, perhaps, BE-
I COR humble fr lyiual as myself .
Isps, can skaI entnre TO put my
OPP u Positso Of 50 distinguished
/ anq leg bed But will never.
lthe3ess mot eoncur in tbas
entering fully into
Ian explanation Of the grounds Of my oppo-
Esition- If had time, and more fafora-
/ bic oppsunnlty I would do 50. YET With be-
looming difidence and respect. nv prs.
sent purpose AiG sba aceoihpEshsfS - q
Essasemen of the leading points Of difIgrenee
i between that opinion and my own.
l<. By the Delaware tfehfI, asI l1defssSa
Lit, the Goyernlnent of the United Stafet
holds nothing III trust but tie money @ Sc
realized from the sale oG tie lands By the
first article the Indians transferred their
lands apd,yested the absolute right of soil
and occupation IN the United States. This
was coupled with uo.epadition, But left the
lands subject only to the general iegisla.
ton of Congress, to be governed, as to o.
cupancy and settlement, by the general Law.
Yet, notwithstanding this, the COMMITTEES
have come to the determination, at least
think they have. to pass this amendment.
New, what1siH be the result z? Why,
It would be this: that you will not exempt
these lands from. fhe general law and shut
out from Kansas Territory the settlement
of perhaps the very finest poffion of that
Territory. Y on will hayesone law for ths
people of. the Territory, and another for all
other citizens of the United States You
will leave your general law upon the sta
tute- book, applicable 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 emf.
grants to settle. To say nothing now Of the
policy Of such legislation as this, may bs
well TO inquire how far it is competent, un.
der our form of Government, for the treaty.
making posuer thus to impose candit1ns and
restrictions upon the fG,c-making posuer-
The latter includes all questions of domes.
tic pollcy, and when it acts it extends It's
former embraces only questions of foreign
policy, strictly speaking, and although what
it does the primary law of the land, yet it
cannot, under the Constitation, exercise
any Legislature autharity. It may bind the
United States, as a whole, to a foreign Gov
ernment or an Indian tribe, that it will do
OF not do a certain thing, but then the thing
to be done or not 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 depart
ment. As in the case ] am now discussing
the general law, passed by both branches OF
Congress, extends the right of pre-emption
over all the lands in Kansas, yet this trea-
ty, made by the President and Senate, lin
its this right to particular portions of the
Territory. L submit that these are grave
questions. into the full discussion of which
| shall not now enter. But the mere pre-.
sentation OF them are well calculated to ex-
cite the inquiry, as to how far it is in the
constituted power Of the President and Ser.
ate to limit and restrain the right of legis-
llation which is lodged, not IN the State
merely, but in the people of all the States.
But what do you accomplish by this a.
mendment. If 1t passes 3 You gain noth-
ing, and do much injury to the settlers.
Yca prnauce confution that will neither
benefit Indiananor settler. Mr. Chairman,
have all that cosld siaee IshaFe occupied
a seat upon the floor to promote fhe interes:
and secure the advantage ef the settlers
and Indians. / have said TO them, as now
say TO the committee, that the white settlers
of Kansas are willing to, pay fair xics
for this land. Do you believe, Mr.. Chair
man, that the Government can sell it for
more 81 % per acre? If that be the e1-
pectation OF gentlemen, they will be disap-
pointed-and yet you now propose to asr
under an impression that they will produce
d much larger sum. And by thus acting
you will impose hardships apon these set
tiers who did not receive proper notice of
the Government before they went upon the
lands of the restrictions which you are now
seeking to impose. the people who went
there IN May and July went there and set
tied upon the lands as honestly as any men
ever did elsewhere. There was no publ.
cation informing them that they had no
right to go there until they had actually set
tied and put Improvements upon the land.
Deprive them Of their land, and you take
from them what had been purchased by
their last dollar, and turn their wiyessand
children out to endure the inclemency of
the season in a wild country. In their name
I ask for justice; nothing more. They do
not ask the land as gift, but they do ask
that no more than a fair price shall be de-
manded for it. They do ask that, as they
have been invited by the general law to
settle upon these lands, that they may en-
Joy all the privileges and advantages ex-
tendeu 10 1aem sDS nat slaWs anu mat tney
may not be depsased of rights common to-
aH-the other citizens of the United States.
They are devoted to. the Government, and
beseech you HAT you do nothing to weaken
the confidence they now feel in The impair
tiality and integrity Of your Legislation.
GEs. WHIrfIELD.-It will be seen by
the following extract from letter address,
ed to R. G. M1LLER. Esq. under date OF