The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-06-13

ted States are concerned. il exercises the same
power within the States. for it provides for
settling controversy between two indiyid-
uals, by the action of the Federal Government.
Mr.. Benjamin-Does the Senator say that
the Congress of the United States has power
to provide for establishing judges in the States
for a term of years
Mr.. Pugh-No sir because the Constitu-
ton forbids that but say, and that Is what
the court means, that in clothing the Terri
torial courts with admiralty jurisdiction. first
in the establishment of the courts. and next
in defining their jurisdiction, they exercise
powers appertaining both TO the Federal and
State Governments but as to asserting that
congress had all the powers of State Gov
eminent in Territory, it is neither IN Can
ter,s case nor in the bred Scott case nor any
other.
Mr. misunderstanding, the Supreme
court of the United States tells US exactly
where they stop. They say Congress has all
the powers of a State in Territory, except
where the Constitution of the United States
interferes. That, perhaps, is also disputed.
Mr.. Pugh-Yes.
Mr. Benjamin-Ver well, let me read the
decision
CAS- we have before said''-
speaking of this new territory belonging to
the United States
at was acquired by the General Govern
ment, as the representative and trustee of the
people of the United States and it must there
fore, be held IN that character for their COM
mon and equal benefit for it was the people
OF the several States, acting through their
agent and representative, the Federal Gov
eminent, who in fact acquired the Territory
in question, and the Government holds it for
Asir common use until it shall be associated
WIN the other States as a member of the
Union
But until that time arrives, it is undoubt-
edly necessary that some government should
be established, in order to recognize society.
and protect the inhabitants in their persons
and property and as the people of the Uni
ted States could act in this matter only
through the Government which represented
them, and through which they spoke and
acted when the Territory was obtained, it was
not only within the scope of powers, but it
was its duty, to pass such laws and establish
such government as would enable those by
whose authority they acted to reap the adyan-
tages anticipated from its acquisition, and to
gather there population which would enable
it to assume the position to which it was des-
tined among the States of the Union. The
power to acquire necessarily carries with it
the power to preserve and apply to the pur-
poses for which it was acquired The form of
government to be established necessarily res
ted in the discretion of Congress. It was
their duty to establish the one that would be
best suited for the protection and security of
the citizens of the United States, and other
inhabitants who might be authorized to take
up their abode there. and that must always de-
pend upon the existing condition of the Terri
tory, as to the number and character of inhabi-
tants, and their situation in the Territory
In some cases government consisting of
persons appointed by the Federal Government
would best subserve the interests of the Ter
rItory when the inhabitants were few and
scattered and new to one another. In other
instances, it would be more advisable TO COM
mt the pot0ers Of seif-goUernment to the people
who had settled in the Territory, as being
the most competent to determine what was
best for their own interests. But some form
Of civil authority would be absolutely neces-
sary to organize and preserve civilized society,
and prepare it to become State and what is
the best form must always depend on the con-
dition of the Territory at the time, and the
choice of the mode must depend upon the
exercise of discretionary power by Congress
acted within the scope of its constitutional
authority, and not infringing upon the rights
of person or the rights of property of the
citizen who might 90 there to reside, or for
any other lawful purpose. 1t was aquired by
the exercise of this discretion, and it must be
held and governed in like manner unless it
is fitted to be State
The Congress has not only the right to gov
ern it. but the right either to govern it by
delegating persons to hold authority, or BY
exercising its discretion and committing to
the people the right of self-government-g
ing to the people the right of selfgoyernment;
by the action of Congress, not by inherent
sovereignty-a grant to be made by Congress
to the people ola Territory, fselfgovernment
through the Legislature and yet the honora-
BILE Senator from Illinois (Mr. Douglasl tells
us that, although the Supreme Court of the
United States decided that case "a decision
which he agreed to abide) that the Congress of
the United States have the unauestioned pow
er to govern the Territories and although the
Court decided that Congress could govern
them in any way it pleased in its discretion,
and although the Court decided that one mode
Of governing them was, for Congress to COM
NIT to the inhabitants there power of self
government when Congress has committed
that power, he says that the people who got
it from Congress have more right than Con-
gress itself; and that the Territorial Legisla-
ture, which draws its legislative power from
grant by Congress, can rise higher than the
powers possessed by the grantor or, in other
words, that the stream can rise above its
source.
Mr.. Pugh-Does the Senator say that the
Court meant that Congress makes grant of
the power Of self government to the people of
Territory
Mr.. AUTOMATICALLY.
Mr.. Pugh-Where does Congress get the
power of selfgovenment ? The phrase that
Congress has power of self government over a
Territory. 1t has a contradiction in terms
Mr.. Benjamin-Who says that ? Here is
the same idol-evasion
Mr.. Pugh-If should respond to the SEN
ator in equal temper, I should call his an
evasion. desire to know where he finds, in
the bred Scott case, the proposition
Mr.. Benjamin-The Court says that Con-
gress may, without reference to the action of
the people of Territory, govern it as it pleases
in its discretion. Then the Court says Con.
gress may, instead of that, give to the people
the power of selfgovernment.
Mr.. Pugh-" Commit
Mr.. Benjamin-Commit to the people the
power of self government. What is there alb
surd in that ?
Mr.. Pugh-There is nothing absurd in that,
but l was about to say to the Senator if that
phrase fits him, hope he will give the ex-
planation--
Mr.. Benjamin-T1he absurdity is that of the
Court, not mine.
Mr.. Pugh-Undoubtedly in the case of
Louisiana, which the Senator from Georgia CT
led yesterday, that act was simply prelimina-
ry, to get possession of the country, and until
you have sufficient community it is all idle
to talk about self government; but UNDER
stand that paragraph to be that, whenever the
period arrives that community is there and
Congress recognizes the community, Congress
has no power of self-goyernment to grant it
has no such power, it comes from some other
place, and say it does not come from Con-
gress. Congress did not have it.
Mr. Beniamin-What is meant bv Congress-
committing the power of self-government to
the people
Mr.. Pugh-Acknowledging it.
Mr.. Benjamin-Commit means to acknow-
ledge :? Very well.
Mr.. Pugh-In that sense. l ask the Sena-
LOIp uOH OOu9I6So can COmIIllG power winch /
Congress could not by any possibility have
or it IS an absurdity in terms to say that Con- |
yress has the power of selfgovernment in the
Territories?
Mr.. Acknowledgements has the power of
government.
Mr.. Pugh-Then leave the word "selr'
,ut.
Mr.. Beniamin-Exactly when applied to
Congress, Congress has the power Of govern
nent over the Territories but when Con-
,ress commits the power to the people to Gov
srn themselves, that is power Of selfgovern- /
nent in them. 1t seems to me so plain that
language cannot make it palmer cannot
pursue the discussion on that point with the
Senator from Ohio.
But, sir, the Supreme Court of the United
States, in relation to this power of Congress
md of the Territoritorial Legislature, has not
topped where | have just read. 1t has gone
urther, and said
The powers over persons and property Of
which we speak
hat is, the power of eonfiscatIng the slaves of
he citizens of the slayeholdino States if fhav