Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-04-24
TIE r%ERRIroRTEs.

Tle government OF country Oulslu VI
the States, then possessed or which might
be afterwards acquired by purchase or
conquest. was a subject that never at
tracted the attention of the trainers Of
the Constitution. That instrument
merely confers on Congress the power to
make rules and regulations for disposing
of lands and other property so possessed.
This was, of course, TO invest the United
States with the ownership and title In
fee; because the power Of DISPOSITION
and Of comforting title in fee simple pre-
supposes such title in the party invested
with that power. It is not difficult
to demonstrate that the United States
/ held thsss lands in trust for the States,
as any ordinary corporation holds lands
in trust for its stockholders. 1t is enough
tn saw here. that as the lands belonged
in fee to the United States, it held them
| lust as any other Nation holds an extent
| If country. with all the rights Of sOver-
| eighty, eminent domain, and govern
ment of the population, Every Nation
0oUsras all the country it OiCSs5. These
powers necessarily existed somewhere
and it is quite as, evident that they could
not exist elsewhere than with the
| ownefship of the lands, when that
ownership wa il 5 Nation. They are
incidents Of the ownership Of an extent
of country by a Nation, State or Con-
federation. When that Nation the
United States, saw fit to organize asepa-
rate parcel OF the country so owned, into
8 district by itself, into a Province, most
appropriately called a Territory,
| whether with Or without any powers Of
self-Fovernment, the extent Of country
so separated, by whatever name called,
was simply a Province, like those subject
TO Rome, and would be ruled in such
manner as to Congress should seem best
The inhabitants might never nave been
citizens of any State and such Of them
as were. would in no wise lose their eiti-
zenship by removing to the common
territory, any more than a Roman citi-
zen lost his, by removing to 8 Province.
As little could they lose or be deprived
Of the ownership of any property which
they carried With them, or Of the pro-
lection Of law in the enjoyment Of the
sane. The power Of annulling such
ownership aud eXtinguishing such title,
was not one of the powers Of government
Of the Province, with which the United
States was invested. The Constitution
was made to secure to the citizens Of all
the States, among other things, the en-
ioynent of their rights Of property
and the powers granted by it to the gen.
eral Government could not be used to
deprjge any citizen Of the ownership Of
any property whatever, II that owner
ship was recognized by the laws Of his
State.
As 10 the existence Of any sovereignty,
or right Of sJ-g0peTRUlG1t in the people
Of such Province, the assertion Of such a
right was a ludicrOus absurGity, main
tanned by arguments as absurd as itself,
by gaudy and sounding, but empty gen
eralities as to popular rights, and by in
Apostle and misplaced comparisons.
There are some men who will not die
when the brains are out, and many de-
batsfs who cannot be siIeRced, because
they do net AnsW when they are con-
uted, aud who can LaL by the hour
without saying any thing. When the
people Of a Province become numerous
enough to constitute a State or an indie
pendsnt people, if then the right Of
organizing s. q State were denied, they
would have it, as against and hostile to
the United States. 1t could not exist
under the latter, except when the Con
stitution and Law authorized their adj
mission as a State. Until then, they
be governed by a Proconsui. They
were Colonies, with no more political
than the Colonies OF other nations,
except so far as the North American
Colonies OF Great Britain had asserted
right to self -goseTna4snt as to their
own local and municipal aEairs, before
revolution was thought Of Their rela-
to the Mother-C Country were of
course to be %ascertained by precedent;
as they were Ia no manner defined or
even limited at ia the Constitution.