Nebraska advertiser., 1859-12-15

other States. must rest upon the same dis
cretion."
From the foregoing opinion and autho.
rity, two propositions seem to be plain:
First. Congress may "expand the
territory Of the United States, by the ad-
mission of new States;'' and "that the
the propriety of admitting a new State is
committed to the sound discretion Of Con-
gress."
Second. The Federal Government, as
a trustee for the people Of the several
States, may acquire foreign territory, for
the purpose Of IT'S being admitted into the
Union as a State, and not for the purpose
of its being held and governed as a CO.
lony, nor for any other purpose except to
be admitted into the Union as a State.
And this, that is, the acquisition of new
territory like the admission of new StBtes,
is committed to the sound discretion Of
Congress.
So far as Nebraska is concerned, that
acquisition was made Sc years ago, and,
both by the Constitution and the treaty
with France, the purpose was that it, or a
portion of the Louisiana purchase, might
become a State Of the Federal Union
In making that acquisition, Congress ex-
ercised her sound discretion. The terri
tory Of Louisiana, being all foreign, and
"outside Of the original limits Of the Uni
ted States, ;" Congress might have decli-
ned the acquisition altogether, without
violating either the letter or the spirit of
any law. And the same is true as 10 the
States Of Texas and California. But the
discretion of such a course would, at this
day, be both doubtful and condemned.-
The admission of Nebraska as a State,
now or hereafter. it is granted, is within
the discretion of Congress. 1t is not,
however, an unlimited and irresponsible
discretion but it is legal, limited, and
must be obedient to the Constitution
The power is conferred, as in the case of
California; but, as was not the case in
regard to that State, it is a power confer
red with a duty. AS | have already re-
marked, this Territory, like Kansas.
\ Iowa, Arkansas, Missouri, and Minneso-
ia, was acquired by the States of the Con-
fedcracy, through their Representatives,
for the purpose of being admitted into
the Federal Union of States. In the diff
ferent parts of the Louisiana acquisition,
Territorial Governments were formed, as
their several necessities demanded the
formation of a temporary government
The territory was held by the general
government, as the agent and trustee of
the States, "until it was settled and in
habited by a civilized community, capable
of self-government, and in a condition to
be admitted on equal terms with the 9TH
er States, as a member Of the Union"
And as the Supreme Court have again
said, ''until that time arrives" the pro-
v%isional or temporary government is es-
tablished in order to organize society, and
to protect the inhabitants in their persons
aud property" And as the same court
have again expressed it in clear and ade-
quate language, "some form Of civil au-
thority would be absolutely necessary to
organize and preserve civilized Society,
and prepare it to become a State"
The conclusion to my mind is then ir-
resistible, that the United States acquires
and can acquire Territory, like Nebras-
ka, only for the purpose of it becoming a
State. To this great end and consum-
nation a territorial or other temporary
government is formed. 1t is all, first to
last, progress towards the one result
You, as the representatives Of the peo-
pie, have the rightful authority'to CONT
nue. that progress in such lawful way as
shall seem good in your sight. If a Con-
vention shall be called, and a Constitution
adopted and ratified by the popular voice,
and that constitution, being republican in
form and not inconsistent with the Con-
stitution Of the United States, and by
proper petition or memorial presented to
Congress, our duty as a people is done,
and the duty of the general government
begins.
We shouldbe neither too hasty in seek
ing admission into the Union, nor too
slow. 1t is true, in the admirable Ian
guage and thought of a Presidents Mes
sage, that immediately upon the forma-
ton of a new Territory, people from diff
ferent States and from foreign countries,
rush into it, for the laudable purpose of
improving their condition. Their first
duty to themselves is to open and culti-
vate farms, to construct roads, to establish
schools, TO erect places of religious wor-
ship, and to devote their energies, gen.
orally, 10 reclaim the wilderness. and to
lay the foundations Of q Furnishing and
prosperous commonwealth"
All this, and more, has been done by
the people Of this Territory, during the
five or six years which have followed its
formation. Thirty years ago people went
into new States and Territories with slow
and measured step; but now, and it is
no unmeaning truth, they rush into them
and commence at once to cultivate farms,
to build towns, erect places of religious
worship, and work out, with great rapidi-
ty. their own redemption and that of the
wilderness, together.
l suppose no one will say that this
Territory is not "settled and inhabited by
a civilized community, capable Of self
government" Indeed, / am not sure
that our people have not been a little too
civilized, respectable, and %law-abiding
for their W good. With an unfalterIng
step they have pursued the noiseless te-
nor of their waV. attracting no unusual