Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-04-25

should not propose 10 make 1t into a state
hut according tn this new reading of the
Constnuon. we could not legisate for d az
all for that very reason. This ground will
not answer; 1t is quite too narrow. There
Is another branch ot the Constitution which
gives Congress power 10 lerisate over forts,
lighthouses and arsenals bot it is express
y confined to those cases where the title TO
the sites Is acquired from The States; It does
not relate to foreign territory.
| deduce from the provisions Of The Con
sttutou and from the legislation TO which I
have referred that Congress has sovereitniy
over all territory within the jurisdiction and
limits of the United States, not included
within any particular State. say there are
no limitations 10 that sovereignty, except
what are found 10 the Constitution itself
know this is not a Government of unlimited
powers II cannot prevent trial by Jury t
cannot abolish The h1bfaS.c0rp,9; 10 cannot
do variety of things which are forbidden TO
H. For this reason lf we acquire "a territory
from a foreign Government, which Is an alb
soute or limued monsrchy, we hnye NOT the
same powers over It which thai Government
possessed, but wa are limited by the Consii-
tuition. say, that the Legislation which /
have cited shows that Congress have eXer-
cised this power
Mr.. GEYER. | wish TO understand the
Senator's proposition. Is u that Congress
have sovereignty over the territory of the
United States
Mr.. CoLLAMeR.-I say the jurisdiction Of
the United States and the power OF Congress
over Territory ore Identical When | say
ihe sovereignty is in Congress. [ mean tie
United states, including the whole powers
of Government executive, legislative, and
judicial ! mean that this organized Gov
crnmcnt, as created by the Constitution has
sovereignty over the Territories.
Mr., GErER Do understand the honor
able Senator as saying that all The soyer-
eighty of the United States has been dele
gated to some one Of the departments Of the
Government
Mr. CoLLAMER. No, sir, do not say
that II is delegated TO any one department;
but say that the Government of the United
States, like any other government whore rs
functions are divided into two or ihreee diff
erent departments, mike a unit which may
be- regarded as a whole. II is a whole gov
crnment taken together, with the combined
powers which us different tmcuonaues pos
sess. Taken in the aggregate, they
make the United States Government,
and that is the Government which | say has
sovereignty over the Territory beyond the
limits of any ptrtlcdar State and say fur
ther, that tins sovereignty Is TO be- exercised
/ by the Congress of tie United States as the
/ legislative department of the Government
! contend that, m legslatlnt for the Terrific
rles, the Government of the United States
never parts with tins sovereignty. The ter
rltoral governments are mere municipal cor
porauons entirely within the control of Con-
gress. do not wish here 70 cite authorities
which | have cited IN the minority report
have there referred 10 the opinion of Al
torney General Butler. In the case OF Arkan-
sas, where he stated that Congress had pow
or to repeal, or alter. or modify the laws
which territorial government might mike.
This was said by h.m ia relation TO a lerri-
tory 10 regard % which there had been no
reservation in the organic act of Congress To
revise It's laws. The power arises from
the existence of sovereignty over the Terri
tories.
? Why, sir what is that which gentlemen
call the organic law Of Territories II Is
their constitution. and so is every charter
which Is granted 10 any corporation It's con-
sttutlon. Has not the power which makes
the constitution the right 10 alter. change or
"A constitution for this Territory. aud that
sane consutuiion-makiug power has the
right 10 limit, alter, control or modify it,
Congress takes care of the Territory, and it
is the duty Of Congress u look after its in
teresis | view the territory of Kansas IN
the same light as all other Territories, and I
, say that the power of this Government over
lt, is as unlimited as It was before the organ-
lc act was pissed. We may control, limit
or amend that act Us we please. All the ar
guments which ingenious gentlemen may
present as 10 the doctrine of estoppel have
nothing to do with the question Of the power
, ot Congress, ~ my esumaton We are
/ told that, because the Legislature of the
g Territory had done certain things. we are
esioppcd from touching It's proceedings.-
} We are told that, because the Governor has
, done particular acts, we arc estopped + ON
/ luquinng into tncm. we are told that we
are estopped from inquiring into the fraud,
violence, and usurpaton committed ia the
o. Territory Of Kansas | deny It. say that
doctrine has nothing to do with our power -
Bot, sir, the more gentlemen talk about the
; doctrine of esloppel, and the more proof they
, bring forward 10 show that the people of the
} Territory cannot have justice any where else,
J the more Imperative Is the demand on us,
and the greater the occasion for our lntcrfer-
ence.
/ desire now 10 call attention to the new
experiment which was set on foot by the
kuusls- \ ebriska act. LEI US inquire where
m the newness Of that experiment consisted.
, la what was it.? II was not merely IN that
provision Of the organic law which declared
! the Missouri Compromise imperative aud
, VOID. 1t appears to me that, IN the organic
: act and m the report of the majority, there
! Is a constant coniounding Of the power to
prohibit slavery 10 Territory and the pow
or OF the people, when they come To form a
+ State Constitution, 10 provide for freedom
, OF slavery as they please. These are two
distinct propositions. II the only purpose
was TO allow the people when they come
lo form State, to have freedom mr. slavery
as they choose, ! say that was sufficiently
provided for IN the first section of the act 10
relation to Kansas The first eighteen Sec
s tOns of the organic law relate 10 Nebraska,
Y and that portion OF It which refers to Kansas
commences with the nineteenth sectloD.--
= In that section IL was provided, when
admitted as a State or States, the said Ter
D rltory, or any portion Of the same shall be
received into the Unlon with or without sla.
D very as their constitution may prescribe at
the time Of their admlsson.n This was an
e express grant Of power by itself and Moth
{ ing more was neediul If It was intenGed TO
4 give the people lull liberty IN forming their
} State Constitution. If Il could be said that
the Missouri Compromise, which forbade the
O existence Of slavery IN territory north OF
30 30, could be SO construed as TO pre-
$ vent the people from forming a constitution
n admitting slavery lf thoy choose- which
deny this was sufficient to accomplish that
object II was the last law ON the subject
q and any previously existing law inconslst-
d ent with It was thereby pro taRiO repealed
u This was all that was necessary TO enabo
o The people to form State Constitution pro-
0 yidnq az they pleased in regard to slavery
I The provision contained In the organic act
s in regard TO the repeal Of the Missouri com
70 promise was perfectly useless for any pur-
/, pose whatever connected with the formation