The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-04-17
WHOLE No. S72

MA .linc, u part vi tIicSe pnlteu OLateS, StldH
have emanatcd spontaneously from The
people, whose affairs it regulates, and shall
have becn received voluntarily into the
United States by the authority Of Congress.
Now, sir. what is the relation of Congress
to the Territories Have the Territories -
do not say any natural tight, for | am not
here upon philosophical siertation-have
they any legal right to initiate proceedings
to form a constitution | do not ask
whether they may not come here and ask,
by petition, Congress to receive them. for
that does not meet the difficulties of the
case bat ask whether the people Of any
Territory. by their simple volition. can meet
in convention and ass,iine to themselves such
legal powcrs as shall compel Congress 10
recognized them as a legal body. Certainly
those gentlemen who protested against the
admission Of California because there had
been no preceding law, cannot maintain that
proposition. Certainly gentlemen who voted
against the Topeka constitution cannot main
tain that proposition. Certainly the gentle
men who signed what pcrported to be a re-
port of the committee Of investigation OF this
House, cannot maintain that proposition.
Certainly the President, who devoted great
part Of his message to demonstrate that il is
only Though legal channels, by legal forms,
and under legal authorities that constitu-
ton could be formed, cannot maintain that
proposition.
Neither can we, in point of sound sense
and reason, maintain it, because thut as
sumes there Is power in the people Of some
port ions of the Territory not derived from
the Constitution of the United States-since
the Constitution says nothing upon the SUBJ
ject, except that Congress may admit new
States. And if they have any inherent pow
cr by the same reason they have all power:
in other words, we are upon revolutionary
ground. and not legal ground. 1t is to corr
found right BY law under the Constitution
with the natural right mentioned in the rcc!a-
ration of Independence, of people to alter and
change their government 10 suit themselves.
But We are not dealing with revolutionary,
but with legal rights We live and were
born under the Constitution and to us that
is the ultimate criterion Of legal rights; it is
our embodiment of natural right in n living
practical form of government beyond it we
recognise no natural right as source of legal
right, and he who cannot deduce his claim
Of right under 1t has none. | submit, there
fore, that by the law of the United States
the people of Territory have no original
right or authority to form State government.
No public man Of position and character of
any party has ever ycntnred to maintain such
proposition distinctly. The distinguished
head Of the State Department has fallen mta
expressions which seem to imply it : he has
FASTENED to repel the inference, but. in his
haste, has involved himself and his opinions
in inexplicahle perplexity and mystilication,
whence nothing can rescue him.
Then, if there be no inherent legal right in
the people of Territory to form a State gov
crnmcnt how is it to be accomplished They
must form it Congress cannot do it for
them; yet Congress is the only legal authori-
ty the only source OF law for the Territories.
Where then docs it exist | maintain
that so far as legal authority is asserted of,
or essential to. any proceeding for conven-
ton, it must flow from Congress; because
here only is any government over the Terri
tories, i'll the eye of the law Of the U. S. Tho
Supreme Court, which even State rights gen.
tlemen nowadays regard as the ultimate
arbier upon all qaestions, has settled some
other things besides the relation of slavery
TO the Territories and among them it has
settled that Congress alone governs the Terri
toIicS-whethcr under the clause which au-
thcrizeS them to make all needful rules and
regulations for the Territory of the United
States, or under some unwritten clause inn
piled by the strict conStrnctionist, it is need
less here to inquire. 1t can flow from
nowhere else. because a State. in the view
of the Constitution of the United States,
means body Of people within particular
Territory. and that Territory belongs to
the people of the United States; and the
people who live upon particular portion of
that territory have no right to assume TO
themselves, without our assent, any portion
Oft. y State involves the idea of certain
population inllabiting and possessing Ger
tain Territory and if the people cannot get
the Territory without the assent of Congress,
they cannot make themselves State without
the assent of Of Congress, nor take any steps
towards it essential TO its existence, which
can exclude the control Of Congress Con-
gresS, 1t IS tue, cannot make constitution
for Territory. 1t can only throw arouni
the people of Territory a legal protectioi
authorize them to proceed, and give the
the guarantees of law in their prooceding
but beyond that I apprehend Congress 4
do nothing, and excepting Congress nobd
can do that What wish here to maint
is, that that is the fundamental princJ
of all the legislation of Congress upon "A
subject. Al the history of the republi IN
in its favor it has all authority in its iaV
and there is no precedent which raises ey N
doubt against it. N
Now, s,r, ask the attention Of the CT Is
mittce very briefly to the aw-for | rose n
day to deal with the legal position of gent Is
men on the other side. They have not bt w
willing to enter the controversy with tn L
opponents OH the question of fraud in t---~
formation of the constitution, or whether it
be the fair and bona.fde expression of the win
of the people. They have insisted that these
things were concealed from them by screen
of legal technicalities and it is to tear down
that screen that | now address myself.
In the absence, therefore Of any special act
OF Congress, authorizing convention, the
only question is the construction of tho
Kansas. Nebraska act Of 1854. Does that act
confer Oh the Territorial Legislature power.
to call a convention to form conventions
There have been many States admitted
into the Union, and under diverse circum-
stances, but much the greater number Of them
have been admitted under the express and
precedent authority Of laws of Congress.
And. sir, you will perceive at once--if the
authority can only come from Congress to
take the initiative steps that it is iminatoriai
whether that authority be contained in the
organic nc. or in special act In either
case it is our authority that they are exer-
cising. In every instance they are Our
agents. In every instance they have only
the authority that wei give their. And there