The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-20


sus, aud other proceedings having direct bearing upon
the act OF admission Congress cannot peeede s exercise
Tor an almost indefinite period of time by series OF meas
nres relating not to the act tself but the
and institutions ofa country which the national egs
lauon has no just control Does not such boandess la
ude OF construction % quote the expressive language OF
hr Jefferson swallow up all the delegated powers and
leave TO Congress substitute its own will under the
name OF discretion for all the safeguards of the consu
tlonl hnd myself clear power TO pass laws for
The assembling Of conventions but IL has often been done
though not always and it's exercise calls for inter-
ference with the rights of the people, but designed aid
Them IN their progress TO State sovereignty not dis
posed TO censure the practice. a#s "a """
In reviewing the history of our legislation over the Ter
ritores is obvious that the moulding their own inst-
tutons by the people, whether with view to knowledge
or to admission has constituted neither the motive for the
action OF Congress the object IL has sought to attain
II numbers not political intelligence which have regu-
lated the entrance of States into the Union When the sys
tenn was commenced each State had vote in Congress-
and there would have been neither justice policy in
permitting these small communities with their sparse pop
nation TO take their places coequas n the conedeacy
They had therefore, occupy subordinate positions tn
their numbers should enable them to share the duties aud
expenses well the rights of the Union II this
don considered school for the acquisition of political
knowledge TO aft them TO become members of great
contedeacy then there much injustice done TO
OF the scholars they did great injustice to themselves
Is shown by their respective periods of tuition for while
the school OF Ohio under the of territorial govern
men continued fourteen years. of Tennessee occupied
but six years, Louisiana years, and Iowa nine
years and while Alabama the most precocious of the
would appear the least gifted of the sisters required thirty
years In order to be prepared for the full rights of major
ity need not say sir that all this anaogca ilnstra-
tion is mere effort Of the Imagination and that the
change the result Of numbers depending for their
augmentation, upon the rapdity of emigration And
to the agency of the people in moulding their Institutions
as the foundation OF civil government the idea is pleas
ant one, but it will hardly bear close scrutiny. From
the first territorial government in 1881 to the last in 1854
there has not been where the people had the
ual control of their institutions be able "mouldp
them agreeably to their will In all the earlier Terrific
res, till within few years, indeed there period
called the first grade of government when the laws
passed by the governor aud Judges and during which the
people had in the administration Of their
public affairs executive judicial or legislative than they
had in those of China. hen the free white male popula
on above the age of twentyone years. reached the
Der of five thousand then legislature organized
stng of house of representatives elected by the people,
and of council appointed by the President from list
furnished by the house .'
need not pursue this investigation to show how limited
the participation which the inhabitants had in the
management OF their political interests After the cession
of Louisiana net of Congress passed giving author
ty to the President Mr. Jeerson prescribe the
in which all powers civil military, and judicial should
be exercised poer school this for the people, but good
opportunity for moulding" of institutions. The
power, however, could not have been in safer hands
am well aware sir that these harsh examples OF congress
sona interference settle questions OF constitutional
law. refer to the of legislative proceedings
with relation the Territories to show that the
given by the committee for the institution of these gov
ernments will not fully bear out the exercise of the
authority in single instance Certainly favorable
change, for time, has been going
tenn Of territorial administration. The interference of
the general government has been relaxing and the po
litical condition of the people improving. And am
happy in being able TO render tribute Of justice to
the honorable senator from Illinois the chairman of the
Committee the Territories by saying that he has
lent his powerful influence to these meioratons The
latest territorial actose for the government Of Kansas
and Nebraska-introduced and most ably advocated by
the senator marked by this feature. They
liberal-more just should saythan any organic laws
that preceded them They surrender the absolute veto OF
the governor and the supervisory power oflgsaon by
Congress But in these and still more In other late
aets-hose for the government of Oregon, New Mexico
Utah. and ngtonthere provisions Incompatible
with the power of the people to form and mould their n
sutions at their pleasure and which make II unde
niable that other foundation than this must be
sorted TO a justification for congressional action 10
fact it Is difficult to why this principle If the true
does not carry with 1t the entire right OF government
controlled by any external dictaton without eremp
ton from interference both in the Territory and else
where the attainment OF the very object alleged TO be the
justification for the establishment of government may be
defeated aud their institutions prevented from being form
ed and moulded by the people.
propose review very briefly the which have
recently been offered in favor Of the derivation Of the power
Of governing the Territories from that clause of the const
tuition which rendered the government responsible for
the engagements Of the old During the last autumn there
was quite flourish Of rumpe either at the fancied dis
coyery OF this origin of congressional authority at the
powerful arguments by which II yndicated. This
audston behind the time for years ago this branch
Of the subject fully considered and fairly exhausted
But the honorable senator from Georgia Mr. Toosns IN
his able and interesting remarks upon these Kansas diff
cultie to which we all listened with much interest and
pleasure short time since presented views Of this ques
ton upon the interrogatory Of the senator from New
Hampshire, Mr.. HALE which met like everything which
falls from him, the careful attention Of the Senate.
think the senator led into and that error ma
teray affects the positions he reached consider IL inl-
portant to examine IT. with view TO correct some OF The
conclusions.
In the first place II evident TO me- less from the
subecmster than from the words and tbs context that
the phrase adebts contracted and engagements entered
into intended 10 touch the exercise Of political
power.
In the next place. the engagements referred to In the
constitution must be "yad" in order 10 be obligatory by
any claim to validiy-none whatever; II was void from
its initiation
l. Because the Congress Of the Confederation had
Mr. Madison said dthe least color OF constitutional
thority establish territorial governments" much lees TO
make irrepeaabe compacts TO regulate their destiny IN
all time to From the first word to the very last
Of the Articles OF Confederation there is not which
looks to this power has the rsmoest reference to
IL Let him who doubts this position examine the cons-
tuition of the confederation and he win soon find bis doubts
removed.
O. A compact is an agreement-nothing more, nothing
less "a mutual appointment Johnson says between
two more to do to forbear something
There was evidently In the minds of the trainers OF that
ordinance impression of their want OF legislative pow
and they sought to supply this defect OF authority by
endeavoring what should have been an act OF
legislation into compact contract Now contract
must have two parties each asserting 10 the in
srumept of agreement But II Is all Idle TO talk about the
compacts IN this ordinance Of 1887 The articles des
gnated destitute Of the very first elements Of reciprocal
obligation This arbitrary declaration Is uniateral II
had than party. That party was the Con
gress Of the old confederation oycrsepping its power to
borrow again the authority ofr Madison The other party
should have been the "peope and States are the de-
scriptve words) OF this Territory where there