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Show A SI'.VTK OOVBRSMKST KUK L TAIL The Coutitutioa of the iiiatc of I icfcrct was submitted to the 1'rcMd -nt of (ho United States and presented in both housos of conirresa on Tuesday, April iM, IST'J, and referred to the committee on Territories Tuesday, April 2:1, was appointed fur a consider mi.,n of the subject, at which tiim Ion. Krauk Fuller, (member of cor .1- ... r- I.n li.wnrpr u,l,lrc.--cd the- committee of tlio house, j consi-.t'mir; of the following gentlemen: Huns. John TutTe, of Nebraska; Geo. C. Mclvcc, of Missiwippi; Elizur II. I'riodle, of New York; Isaac C. 1'arkcr, of Mi.-souri; David P. Lowe, of Kansas; Lizarus D. Shoemaker, of p.innsvlvania; William H. liarnum, of Connecticut; William W. Vaujihan, of Tennessee; Frank Hereford, of West ' 'irinia; and Jerome li. Chaffee, o Colorado. 1 Mr. Fuller spoke as follows : Mr. Chairman, and Genthmen of the Committee : I am grateful for tlio opportunity whieh you liavo afforded mc and my colleagues, the delegates bearing the constitution of the State of Deserct, lo present to you, and to tho congress Ol WULlU you aro uiL-mudo, vi 1 he reaons which impel us, and a majority ma-jority of tho citizens of that division of our common country, to ask lor it admission into the family of States. Sustained by a largo and intelligent constituency, not less than by the demands de-mands of justico and humanity, and urged onward by the needs of that coinmerco which is foremost in the march of ompiro, I enter with real satisfaction sat-isfaction upon tho task assigned me this morning. . At the last session of the legislature of the Territory of Utah, the people were invited, by a joint resolution of both houses, to send delegates from all sections of the Territory, to a convention, conven-tion, for tho purpose of framing a con- - fiiitutioD, under which, if ratified by a majority of the people, admission as a State should be sought. Tho convention conven-tion was held, a constitution was IVamed, a largo majority of the people higoitied their acceptanco of its provi-tiiiriQ provi-tiiiriQ fun! ihe dutv of presenting it to the President of the United States and !.' to congress, was intrusted to us: to congrcW, Lccauso the constitution of the United States confers upon congress con-gress tlio power to admit new States with tho consent of such State; to the i President, because in the legislative j act- of congress the Pre.-ideiU is con- 4 stitutionally joined. We waited for no enabling act; but, as our needs are great, wo have followed tho illustri- ous examples of eight existing States ' of tho Union, admitted without that i'ormaiiiy, and arc here to ask admis-;; admis-;; - sion under tho constitution, prepared as tho voluntary act of the people ol ' ; Utah. '1 his, one party to the contract desired; and having indicated their full and tree consent thereto, the con-'. con-'. etitution is now properly before you Jor iwiiidrM-ntit-m. 1 1 is the result of the careful thought of about one hundred 1 mature minds. It will fairly sustain . the most searching examination. It ,' . will be found, on critical inquiry, to possess those republican characteristics which, by the constitution of the Uni ted States, congress is bound to secure to each btate. The aim has been to uuite in one instrument, all the excellencies excel-lencies contained in the constitutions of "-. the thirty seven preceding States. ; " " Upon it is irrevocably engrafted entire adhesion to all the provisions of the constitution of tho United States; freedom for all mankind; perfect toleration toler-ation for all modes of worship; a sur-reuder sur-reuder of all claim to the public ;' domain; and equal taxation for resi- . dent and non-resident property-holders. It further provides for minority repre sentation in the legislature by cuuiula- ' tivc voting: for equality of the sexes '' in the exercise cf suffrage; for legisla- t tion which shall guarantee to persons of all races, colors and religions, ample and equal rights and privileges of cdu-. cdu-. cation; asserts tho obligation of para- .' . mouut allegiance of every citizen to the federal government; and proposes to submit to the people whatever ameuumenis congress muy aw ux iu make thereto; which amendments, if adopted, shall remain in full ibrco, to . ' be revoked only by the act of congress uud tho people Accompanying the constitution is a memorial which ex-' ex-' presses the unanimous sentiment of the convention upon the subject ot admission, ad-mission, and presents in appropriate language some of the reasons in favor of tho measuro. I am of the opinion that the oonsti- ' tut;ona feW of the prominent features of wiueh 1 have briefly summarized will not be found inferior, as a basis for a truly republican State, to any existing; exist-ing; in some respects I believe it to be superior to all others. The effort has been to embrace within its provisions all those improvements in the economy of government which the history of the past and the experiences of the century have established, demanded, : ! or foreshadowed. If it contain errors, of liberality and humanity, never in support ot the strong against the weak. . . ,: It may need to be pruned of its redund ancy of too vicorous republicanism, but'you wiU find no knotted, gnarled, di'fo'rined outgrowth of tyranny to lop '-' ' off. We have endeavored to draft such an instrument as will secure good , , government to a large and growing commuuiry, "We believe it wiilbeae-i r ce;iulie to eon cress, ll'uot, the richt of amendment, revision, or total re ice-; ... tion remains, with you. To the discus-; ; tion of any amendment, or of a:.y rc- viion, or to a proposition for the en-: tire reeo::s:nietion of this constitution, I will elioevluly listen; but against the utur reicouou tf our petition I must carnov.T protest, and to this thought I r.nw address myseif. 1 assume that I'fAIl HAS A JLST CUIM TO fill; liuvn via.s of Statkhckid. Ii H'p i'i.c.Lil io y-u:r recollection uie of the l'.ic:s of iii.-try. is aliU'Ot irrcisi ibie. Vcu RUb-r that the tht senl;rs of tl.it .-.vtien of the cun'ry. chuiiy it i ws ff New Fcir'aiid and the. Mill S'.ai.s, hit the -il of the: United States aid j 'urn-. td into J w!ii. v,m not only a loiein hnd, but whit was at that j-mod trjuaily an i u:iliT!.v.vn and unexplored desert. They i ' Ivit the land of their birth, impelled ! , th'. reto by threats of de.-iruction and (' deed? of violence. Their westward. luuruey commenced in I4t'. In the! .-uiumcr of that year th-?y erosted the; M;-ouri river and struek out lor the I . . va.-t wiUrncss Kyond. You, whoi ; hive tiavcrscd that nnmtne and de- ' a;c t;.ie:, wiih the rspiditj ot' mo-! dera tnvtl, wi:h mueh of eoctbrt acd ; ,-om-jttr.ng of luxury, can ioim some! i uiu i iea as to what tho journey muti " ' hive b'-'-n over a quarter of a century . ' You will ri a illy believe that it ' ri quired ail the faith and courage pos- '-'-?ed by mortals, to sustain tbis band of peop.e, cnibracirjg several thousand.- I of men, women ai.d children, during a' march having no parallel in modern ; hitory, either for the sufierings endur-; ,-,, the fortitude exhibited, or ihe&iin-j p!e trut which deiicd peril, and assured , the wanderers: of a haven somewhere! towards the setting suh. ou know, i full well, too, that the labor ot moving I ! unceaViDL-ly a great army like this, en-j cumbered with the aged, the infant, i and the enfeebled, would be likely to. demand thu best efforts of all the Utrong har.d-i and active brains which 'such a community could supply, and i you will wonder how it was that this iiicving ma.-s, in tho labors ol which each able-bodied person had a place, I could spare half a thousand ot their i best and brave.-t men for war purposes, : in answer to a demand from tlic rrcsi-. rrcsi-. ideut of the United States. Yet the . I levy was made, aud tho troops were J instantly supplied. For, before the ' : exodus of thw community liom tht I then remote frontier of Iowa, in the 1 .ire- .cin-intr of Ib-Ui. Mexico felt her elf aggrieved on account of the p-s- sage of a joint resolution by congress, providing ior tho annexation ot Texas to the Union, and war was declared I between that confederacy and the United Uni-ted States. The history of the colony now under ! consideration, as well as tho history ol ,that war, agrco that men, the i tlowcr of that migrating (lock, were de manded by the war-ouieers oi u.e government, gov-ernment, in tho name of President Polk, for service in the Geld, and that 1 they were furnished without delay. Tho pathway of the husband and father diverged from that of the wife and children; but the two conquering columns, still tending westward, pressed press-ed forward, the peaceful band fortifying fortify-ing itself in the very heart of the enemy's ene-my's outlying country the valley of tho Great Salt Lake while the soldiery marched onward to tho Pacihe both forces absolute conquerors in their own ch.ro nnd with their own ap propriato weapons. The discovery oi gold in one of the then Mexican States has been authoritatively attributed to some members of this battalion, who, while digging a mill-raco near what was then known as New Helvetia, threw up with their shovels some shining shin-ing particles, mixed with tho sand in which they delved. You remember the excitement which followed that discovery; dis-covery; tho vast and ever recurring waves of humanity which were washed upon that remote shore; the treaty which gavo to us the land which we had won and to which our good fortune had added a new and golden appellation; appella-tion; tho magnificent sovereign State erected in 100 from tho soil thus acquired, ac-quired, upon the margin of the Western West-ern sea; and the other and adjoining division of that territorial acquisition erected to sovereignty upon the solid basis of her silver mountains, fourteen years later. The result has manifested the guiding hand of Providence in the annexation of Texas, the contact witu Mexico, the acquisition of an imperial domain, and the addition of States rich in tlio precious metals, to the flourishing sisterhood. The treaty which cndowcd us with these prosperous sovereignties, was wisely conceived. It was made as binding bind-ing as any compact upon which two governments could mutually enter. It was of no temporary character, but its provisions were to remain in force throughout all time. We find by the Sth and nth articles of that treaty that thoso residents of the ceded territory who prefer to remain re-main there, may either retain the title and rights of Mexican citizens, or acquire ac-quire those of citizens of the United ' States; that they shall decido the ques-: ques-: tion within one year after the ratifica tion of the treaty, that a failure so to elect within the year shall be received as an admission that they desire to become be-come citizens of the United States; that such of these inhabitants as shall not elect to preserve the character of citizens of the Mexican Republic, shall be incorporated into the Union, and be admitted at the proper time (to be judged of by the congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution, Con-stitution, and in the meantime shall be maintained and protected in the free eDjoyment of their liberty and property, prop-erty, and secured in the free exercise of their religion, without restriction. Other articles provido for mutual negotiations, nego-tiations, the appointment of commiS' sioners, tho arbitration of a friend! j nation, &o., in the event that cithc: party seemed to fail to keep its treat; stipulations; and lay down rules fo conducting a war, should the diflercna reach that extremity. Now, it has been held that by the ex pressions of the treaty which set off b a neighboring nationality a cons'idcra ble body of people, Mexico did no r.ft,il.i in nnnnin1 ous system of Territorial government, such as has been temporarily imposed by Congress upon sparsely populated districts, but rather, that sho had in view for her States thus disposed of, a form of government not less republican in character, and not less independent in fact, than that which had existed prior to the cession, or than that enjoyed enjoy-ed by other political divisions of the nation receiving the cession. The opinion has been recently expressed upon the floor of congress, by the member mem-ber from Missouri (tion. Mr. Blair,) and sustained by much cogent reasoning, reason-ing, that the pledge contained in the treaty to "incorporate into the Union" those citizens of the ceded country, who by their action or inaction, should decide in favor of American citizenship, citizen-ship, and to admit them "to the enjoyments enjoy-ments of all the rights of citizens of the United States according to the prin-X: prin-X: nf dm l'nni;iif ntinn." was intended by Mexico to provide sovereign Statehood State-hood for her several dependencies at the expiration of the designated year of probation, and that this population, I "in the meantime" that is during this brief period of minority should "be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise exer-cise ot' their religion, without restriction." restric-tion." Whatever may be the opinion of gentlemen as to the period when, by the' treaty, the vast country thus ac-lquired ac-lquired was to be broken up into sovo-reb:n sovo-reb:n States, it will, I think, be gene-: gene-: rally conceded that the argument made ; u--c'of two years later, in K"jO, in behall of the admission of California the cx-i cx-i tremc wc-tern portion of the acquisition acquisi-tion that early admission was eon-1 eon-1 templated by both nations was fully : authorized, not only ly the terms o! the compact, but by the genius of the I nr.i fl,-,v,rn!vnl t IS IrllO that Ut the period of the date of the treaty, Mexico was, practically, a subjugated nation. A portion of her outlying territory, ter-ritory, remote from the seat of the central government, had been possessed possess-ed by the two advancing columns ol which I have spoken the peaceful and tho warlike, while at the tame time our conquering arms had been borne inward from the sea to the capital. capi-tal. Put her nationality wa imaet. her legitimate rulers survived, notwithstanding notwith-standing the overthrow of the usurper Santa Anna, aud she was competent to treat with her victors. She did not surrender a goodly portion of her domain do-main and a multitude e) her i -:op'e. without receiving an equivalent tor u.-: one awl ample pieJtes tur the well-being well-being of the other. The c;u.ivji-jL: lor the territory was .j,mt,i" of dollar.; in irold, which we paid; the pledge;, in behalf of the people weie that tl.ey should be eared for and protected in all the rights and privileges then enjoyed, en-joyed, and speedily "admitted to the enjoyment of all the rights of e:;iz-:us of the United States according to the-principles the-principles of the constitution." These people were not bartered as chattels. They were not sold a., slaves The constitution of the Mexican conf. deration dera-tion would not permit such an act. The free, enlightened, liberty-loving pirit of its chief ruler would abhor it. Slavery iu every form was prohibited in the Mexican constitution. You remember re-member that neitro slavery existed at that period iu a State of the I uion I upon the eastern border ot the ceded ' territory, and that when a proposition ifor its annexation to that slave State i was dieus-'d in congress, it was held I by s-w of the ablest statesmen of the I period, that such an act would not only I be contrary to the genius of the Mexi-ieMi Mexi-ieMi republic, but would also be in utter i d'i-TC-ard of the treaty stipulations, which contemplated the early erection of free as well as sovereign States, lbi si the land thus disposed of, and for the si people who should decide within om -Ivear thereafter, to accept the terms. Vor one vear the "eminent domain, , the ab.-oliiie dominion, was uncouvcy-i uncouvcy-i cd, in order that the voice of the people peo-ple thus wrested from the government under which by election or by tho accident acci-dent of birth they had found protection, protec-tion, mieht be heard. That dominion, I when finally exercised, was to assume ithe common, well known, we'll understood under-stood and desirable form of the lederal compact. A lasting peace was io oe secured by the erection ol equal and sovereign States in the immediate neighborhood. The glory of tho parent government, thus reluctantly parting with some of her children, was to be-subserved be-subserved by the added greatness and power which would come to them. I be tics of neighborhood would remain un I broken. The hand of friendship would ' bo extended across the new border. These equal States of the Uuiun, still united by the ties of commerce and continuity with their late sisterhood, would become generous intermediaries, in tho event of collision between the old government and the new. U ith, nominally, a voico in the senate as potent as that enjoyed by other States, tho treaty would be sure of a generous interpretation, should the power which created, be called upon to construe it. It is folly to say that no such considerations con-siderations entered into tho negotiations negotia-tions No two individuals, competent to bargain for property, would have failed to reflect upon the probable results re-sults of the sale, alike to the two contracting con-tracting parties and to tho tenants in common, whose interests were to be affected by it. What individuals could not fail to remember, governments would never ignoro. The natural jealousy of nations as to the scyeriog of territory and the denationalizing ol subjects, the history of Uie treaty as presented by Mr. Justice Clifford tht member of Mr. Polk's cabinet whe acted for our government in its ncgoti ation and of Hon. N. P. Trust, wh executed it; the declarations m senators sen-ators who ratified it; and, finally, the language of the instrument itself, conclusively con-clusively establish the fact. The spirit of tho treaty contemplated States only; whether any other system-of government govern-ment could be permitted under any reasonable construction of its language, we will consider presently. Probably no senator gave to the subject sub-ject of that treaty, the obligations which it imposed upon us, and the effects produced by it upon the citizens of the ceded territory, more profound thought, or enunciated more fittingly its true sentiment, than Mr. Seward. His able speeches in the senate on several occasions, and particularly on two, the first on the application to admit the western portion of the section under discussion, to the Union, under the name of Cahlornia, with a constitution framed without an enabling act; the second, on the proposition to add a j portion on the eastern border of the tract, to the State of Texas, and to give I to another portion one of those mongrel establishments known as a "Territorial government" are as applicable to-day as when uttered twenty-two years ago; and it is to tho shame of the government govern-ment which seems to have forgotten pledges solemnly made and with all the gravity which could be imparted to llie act of nations, as it i3 to the sorrow sor-row of that portion of the ceded territory terri-tory yet held in colonial bondage, that tho eloquent words of the venerable statesman must phad for a hearing to- day. Speaking of the citizens of one portion of this acquired territory, he r 'They arc a people having rights as important and as definite as the righ's r of any people in the United States. They have undergone a change of sovereignty sove-reignty only, but" in all other respect; - their rights are unchanged. her o they lost the rights secured to them bj ,- the constitution of Mexico, they ac-t ac-t quired tho rights of American citizens, I. vnrnrl tr, tlifiri hv ihe constitution ol the United States. Those rights involve in-volve the protection of their lives, of their liberty, and of their territory. All these are rights of which the United States can lawfully deprive no community com-munity on earth. They may extend their conquering arm over States and Territories and Provinces, but it carries with it freedom and security to the subjugated countries. ..... You have covenanted to bring this region into the Union, not as a territory, not as a province, not as a colony, but as a State." The treaty stipulations were discussed discuss-ed at length by Mr. Seward, when the scheme of Southern statesmen was on foot for the enlargement of tho area of Texas by tho addition of a portion of the then newly acquired territory, and the adoption of a Territorial goverment for another divisicn. Mr. Seward met this with a counter-proposition to establish es-tablish new States. In his remarks he contended that the treaty contained no provision whatever, either for parceling parcel-ing out the ceded territory among existing States, or for bringing it into provincial or territorial degradation; that it was fair and just, therefore, to say that the treaty would be broken by denying to the people occupying that domain, the rights and position of a State; that it was only fairto presume that if the United States had contemplated contem-plated holding indefinitely in territorial vassalage tho acquired country, some expression to that effect would have found a place in the treaty, and that in the ab.-cnee of such intimation, it must be concluded that statehood was aloce contemplated. While admitting that the right to judge of the appropriate appropri-ate time for such admission was rescrv-; rescrv-; cd to congress, he still declares that no ! other power is so reserved, and insists j ! that congress has no power to create , for it any term of government except the government of au equal and sove-ereiL-n State; that the reservation in the treaty keens the ceded provinces in the exact condition in which thetreaty luund them until admitted as States. ' Alluding to hU proposition for immediate imme-diate admission, he says: "My proposition is most compatible and harmonious with the constitution j of the United States. It is a remarkable remark-able feature of that constitution that , its frame rs r.evcr contcmpia'-id colours, colo-urs, or j rovit.es. or terriiories st ail. Oa the oth.r bird they c-.-mcm plated , S:rtcs ort'y : ncthin: k.-s than Stitcs: ! peiket S'.ite.- . cqud St.ttc.-. ; a th,y i are cuikd here sovereign State.-. 1 ue stiptiliubn :n il.: uaryrcservlrx- to coa-jreso coa-jreso the r:.:':.' to decide upon the riruc wheo, i - to ! e- r.-iidVJ is leerTin not Lot ih- ol d:.-eie;nrj to oppress the p:op!e . . . Lutadiy-iL'Q Lutadiy-iL'Q io be cxercLed ior the beneLt ut'if weiurc of tha: people a discretion for ihcir good, not fer their oppression 2iA ruin. What, then, is the t'tcc . when iL.-y ought to be admitted ? That is the only question. That time must have come whenever it shall have hap- j pened that immediato admission has become necessary to save the liberties of her people and the integrity of her . territory. That is the time precisely . . . . . There is only ono condition i which the constitution recognizes ; and that is, that the should present a republican re-publican form of government. " Mr. Seward's opinions with reference refer-ence to the principles enunciated in the treaty, as well as the form of government govern-ment contemplated by the framers of the constitution of the United States, are entitled to great respect. He spoke as a seuator, a party to a contract which he was construing, and which he was not likely to construe unfavorably unfavora-bly to his principal, the United States. Ln the spirit and in the letter of the i compact, he could di.-cover nothing " but immediate and sovereign statehood i for the new acquisition. In this re-: re-: speet he found this new and supreme in lvivnionv with the creat funda mental law which authorized it the constitution. That instrument, intended in-tended as it was for the overthrow of the last relic of colonial oppression-inspired, oppression-inspired, in fact, by the miseries inherent in-herent in that system contemplated, in his opinion, a State government tor each appropriate geographical or political polit-ical divisiou of the existing or jros . pectrve national domain. The spirit ol : the treaty was thus iu consonance with the spirit ot the constitution, wnieu I gave to the treaty vitality, authority and supremacy. 1 think the language of h Jtli will be found in equal harmony witli then' spirit and intciit- Iii reference to the binding nature of treaties over cc-'-'ims of territory, Story remarks: "Ceded territory becomes be-comes a part cf the nation to which it is annexed ou the terms stipulated in the treaty, if such terms exist, otherwise other-wise ou such terms as its new master shall impose Put the general laws not fatrictly political, remain as they were, until tillered Dy tne new sovereign. If tho treaty stipulates that they shall enjoy the privileges, rights and immunities of citizens of the United States, the treaty as a part of the law of the land becomes obligatory in these respects." The language of the treaty is, happily, hap-pily, not altogether new, but was used, in substance, in the Louisiana treaty of 1SU3. Py the third article of that treaty it was stipulated, that, "the inhabitants in-habitants of the ceded; territory shall he incornorated in the United States and be admitted as soon as possible, according to the principles of the fed-1 eral constitution, to; the enjoyment of all the rights, advantages and immunities immu-nities of citizens of the United States, ' aud iu the meantime they shall be maintained and protected in the CDjoy-ment CDjoy-ment of their liberty, property and the religion they profess." Concerning this articlo of the treaty, Mr. Chief Justice Marshall says: "This arilCtO UUViOUSJy IDULCUiuiuiw Lnu uu jects. One that Louisiana shall be ad- ' mittcd into the Union as soon as possi- 1 ble, on an equal footing with the other States, and the other that, till suoh admission, ad-mission, tho inhabitants of the ceded territory shall be protected in the free enjoyment of their liberty, property and religion. Had any one of these rights been violated while these stipulations stipu-lations continued in force, the individual individ-ual supposing himself to be injured might have brought his case into this court, ander the twenty-fifth section of the judicial act. But this stipulation ceased to operate when Louisiana became be-came a member of the Union, and its inhabitants wcro admitted to the enjoyment en-joyment of all tho rights, advantages and immunities of citizens of the United Uni-ted States." (Jt tuc stipulation coniainea iu me article, Mr. Justice Curtis says: "It clearly appears from tho lauguago of the article, and it has been decided by this court, that tho stipulation was temporary, tempo-rary, and ceased to have any effect when the then inhabitants of the territory ter-ritory of Louisiana, in whose behalf the stipulation was made, were incorporated incorpora-ted into tho Union." It would eeeni equally clear that the stipulations of the treaty would remain in full force until tho complete act of Union or admission ad-mission as a sovereign State was consummated. con-summated. We have secu that the people of the ceded territory were by a solemn compact, a supremo law, enacted more than twenty-four years ago to be speedily "admitted to tho enjoyments of all the rights of citizens of the United States, according to the princi-pies princi-pies of the constitution ;" it is proper, therefore, to inquire concerning the nature of the rights conferred upon i citizens by the 'principles' of that in-i in-i strument. For the enjoyment of such ' rights we are bound to plead. What- ever the constitution authorized, and , the treaty made thereunder, stipulated, f we shall demand with this and noth ing less shall wc be content. Our parti in the subjugation of a foreign land may be forgotten ; our labors, for a quarter of a century in the wilderness, may bo ignored; the bond remains. Tho constitution is immortal ; the treaty is for all time. We mayjudgo of the principles of the constitution by the principles of its framers, and by the avowed objects of its construction. Primarily, "a moro perfect union" than was provided for under the old confederation, was the result sought. To this initial object was added a provision for expansion. Madison declared as follows and Hamilton Ham-ilton and Jay reiterated the sentiment in many forms: "The immediate object of the federal fede-ral constitution is to secure the union of tho thirteen primitive States, which we know to be practicable, and to add to them such other States as may arise in their own bosom or in their neigh borhoods, which wc cannot doubt to be equally practicable." This power of expansion is universally univer-sally admitted. On this point the supreme su-preme court says: "The power to expand ex-pand the territory of the United States by the admission of new States, is plainly giyon, and in the construction of this power by all the departments ot the government, it has been held to authorize au-thorize the acquisition of territory, not fit for admission at the time, but to be admitted as soon as its population and situation would entitle it to admission. It is acquired to become a State, and not to be held as a oolonyand governed by congress with absolute authority." It has been maintained by able jurists that the constitution contains no express ex-press grant of power to organize and govern what is now known to the law of the United States as a Territory: that whatever power of this kind exists, ex-ists, is derived by implication from the capacity ol the I niled States to hold and acquire territory and the necessity that it should have some government. On llie other hand it has been claimed ! that the constitution has not failed to ! male express provisions to this end, and that it is found in the third section I of auieic four of the constitution. I look in vain, however, in the liter- ature of the time, for any hint at an in-I in-I tci mediate form of government between the condition then existing, and com- plcte sTritehoo-l. As Mr. Seward de-; de-; el. ires. States, perfect States, equal ; St'ue-. sove:tic:i States, appeur to be: j the only L.veiuajeui:, knowu to that i in -trumont or to its framers. Prom :v.hUvC. then, dees cesjrvss claim toj kiive I'.- i.owa- to oranue provincial! .or e;'.;i-d (.OTc-inmems on suchpor-i , tion oi the public domain as may not j have been admitted as States.-' Are: the "prineip'es of the constitution" oper.iuve and active utder that fjrm ol j government':' 1 " l-Vst as to the ozree of authority, j This is claiucj toesiat, ai I have said, in article four of the constitution, which . gives to congress the power to mako ! all neeedful rules and regulations for , the government of the territory and other property of the United States. It id important to determino what the phrase "territory," as here used, implied. im-plied. If we can credit the statements made in tho debates in convention and ! those which appear in tho periodicals of the time, and if we aro willin g to admit ad-mit in evidence the opinions of tho supreme su-preme court of the United States and the statesmen of the nation, we are (breed to the conclusion that this clause j of the constitution simply had refer-j ence to tho then existing territory ol ; tho United States tho ".Northwest, Territory." I In 1'Jth Howard, supreme court re-1 ports, p. 39", the opinion is given that the provision in the constitution giving congress power to make all needful rules and regulations respecting the territory of the United States, means, simply, that "tho power there given, wlmicvfr it mav be. is confined, and was intended to be confined to the territory ter-ritory which at that time belonged to or was claimed by the United Slates, nod was within their boundaries, as settled by the treaty with Great Britain, Brit-ain, and can have no influeuco upon territory afterwards acquired from a. foreign government. It was a special j provision for a known and particular i territory and to meet a present emer-Igency, emer-Igency, and nothing more." 'I'Klc tr.-ir.i- nedpd v Viruinia nend- ing the ratification of the constitution, was a bone of contention botween then several States. It was known as "wa-tc land," without population or improvement. improve-ment. Virginia claimed its sole ownership, own-ership, because, in tho trcaty with Great Britain, it fell within her limits. Heavy war-debts existed in several States, and these wanted the tract sold for the common benefit. The controversy contro-versy over this territory was becoming bitter, and interfered with the ratifica-.: ratifica-.: dm oAnctitnHnn in which in strument Virginia took an especial pride, it having originated in that State. . . To stop all discussions, Virginia ceded ce-ded the territory in dispute to the United Uni-ted States, She desired certain stipulations stipu-lations from congrosa in view of the probable future settlement of the vast region, which were granted, andarc now known as the "ordinance of 'S7." The provisions of this ordinance deserve de-serve consideration, because this measure, meas-ure, designed to achieve a temporary purpose, is the basis of all the wrongs which the "Territories" have endured. As a basis of temporary government govern-ment it is, however, far less reprehensible repre-hensible than tho territorial system which ultimately grew out of it. Among ' other provisions in the enactment, en-actment, wo find congress pledging her self to these conditions: Freedom o religion; judicial proceedings according to the course of the common law; capi t.il offences to be bailable; no man tc be deprived of his liberty or his property prop-erty but by the judgment of his peers or the law of the land; and that there ahould be formed in the territory, not less than three nor more than five States; that whenever either of the said States contain sixty thousand free inhabitants, such State shall be admitted admit-ted on an equal footing with tho original origi-nal States; that congress might admit such State before she had sixty thousand thous-and free inhabitants, and that the only condition absolutely essential to admission admis-sion was that the constitution adopted by said State should be republican in form and in conformity with the plan of the ordinance. The terms of tho instrument clearly indicate its temporary character. It provided for not less than three nor mnro ilicin fitw now Stntps. and the power of the ordinance was to oease as ( last as suoh States were formed. It I was a treaty between the State of Vir- I ginia and the congress of the then con- : federation. Virginia olaimed ultimate i and not very remote statehood for her outlying domain northwest of the Ohio river; and pending statehood, a liberal government as compared with existing governments. The details wero to be left to congress, and so, to provide for those details, a clauso was inserted in the constitution, which was at that very hour being framed, giving to congress con-gress the power to make "'all needful rules and regulations" for the government govern-ment of the territory and other property prop-erty of the United States, such as forts, arsenals, dockyards, &c, all of which are catalogued in the clause alluded to. Clearly, Virginia could not make stipulations stipu-lations for the government of territory which might afterwards he ceded by Mexico, Kussiaor Great Britain ! Beyond Be-yond question, the territorial system of goncrnment, in its original form, the ordinance of 'ST, was intended to be confined to the Virginia cession. That1 ordinance was unconstitutional in this, that it was passed before the constitu tion was adopted. After the adoption of the constitution, congress, by resolution reso-lution passed October 10, 1TS0, re-enacted the ordinance, and pledged itself to convert tho territory oovercd by the ordinance, and such other lands as might bo acquired, into States, with all the powers of the other States. The same resolution provided for tho appointment ap-pointment by the President of officers for tho Territory. Hamilton declared, when spoakiug of the action of congress in the matter of tho Northwest 'Icrri-tory, 'Icrri-tory, and the organization of a Territorial Territo-rial government therein: "All this has been done, and done without the least color of constitutional authority." The supreme court decision, in 19th Howard, How-ard, from which I have quoted, rather hesitatingly admits the possible righl of congress to legislate ior the Northwest North-west Territory, and says: "The power which congress njaj have lawfully exercised in tbis tcrrl tory, while it remained under a Icrn-torial Icrn-torial government, and which may have been sanctioned, can furnish no justification and no argument to support sup-port a similar exercise of power over territory afterwards acquired by the federal government." If, as Hamilton dcolared, the organization organ-ization of a government other than that of a State, for the northwest territory, ter-ritory, was "done without the least color of constitutional authority," or if, according to the United States supreme court, the power exorcised by congress over the territory aiay have Deen lawfully law-fully exercised, but "can furnish no justification and no argument to sup- , port a similar cxeicise of power over territory afterwards acquired by the federal government ;" if, as the sup- i remc court has since held, territory "is acquired to become a State, and not to ' be held as a colony and governed by congress with absolute authority," we are irresistibly drawn to tne conclusion, that the more recent acts of congress, organizing Territorial governments on the general basis of the ordinance, but far less re-publican in detail, are acts of usurpation, uncontemplated by thecon-stitution, thecon-stitution, and, in the ease before us, in violation of treaty obligations. But in case it is charged that the assumptions as-sumptions of the great minds, from whom I have quoted, are unauthorised aud incorrect, 1 think I may challenge contradiction lor the remark that the framers of the constitution did not contemplate con-template the perpetual or even lung-coutinucd lung-coutinucd existence of a single citizen of the United States much less of soy considerable body of such citizens on the soil of the republic, and yet beyond the piotecuon of the constitution. It u cafe to assert, however, that the people peo-ple of the Territories of the organized organ-ized and unorganized alike are, and have ever been, without the protection of the constitution. I am aware that thu contrary position posi-tion has been asserted. I kcow that in 1S49, on the floor of the scnato it was argued that the constitution could, by act of congress, be extended over the Territories, as well as over the States ; over everything, in short, to which tho United States laid claim, lknow that one senator declared that tho constitution constitu-tion was its own intepreter iu this particular, par-ticular, and that, iuasmuch as it declares de-clares itself to be "the supremo law ol the land," it meant that it was prc-oru-nently thesupreme lawoftheTcrritories, because the Territories were not only a part of "the land, ' but were furthermore, further-more, that particular part over which the federal government had especial power under the constitution. And I remember, too, the object in view, when this sophistry was employed on the floor of the United States senate. It1 was a weak invention one of the many I weak inventions of tho slavo power, I beleaguered and beset on every hand, jit was an effort on the part of that power to carry slavery into this very I territory, then undivided, which had i been ceded by a non slaveholding re public. Mr. Calhoun was the senator to whom 1 have alluded ; the sophistry whioh 1 have quoted, is his. His object was plain. The constitution recognized involuntary servitude; to extend its provision over the Territories would be to engraft slavery up m them. A bill j was therefore framed, providing tjircc "tetnpoi'-iry governments," as all Territorial Terri-torial governments aro called whatever they prove to be in fact for tho country coun-try then lately acquired from Mexico, which governments were to uo Known is Calilbrnia, Utah and New Mexic3. I In that bill it was provided that the constitution of the United States should be extended to these Territories. The northern senators rose up as ouo ma:i, "denjing the power of congress to legislate leg-islate the constiiu'.ion in'.o the Territories." Territor-ies." Some of the remarks of the great expounder of that instrument Mr. Webster arc so pertinent to the position which I assume, that the constitution con-stitution docs not protect the rights ol the citizens of the Territories that I am impelled to quote them at this point : "It is of importance . , . . that wo should sect to get some conception of what is meant by the proposition in a law, 'to extend the constitution of the United States to the Territories.' Why, sir, the thing is utterly impossible. impossi-ble. All the legislation in the world . . . . could not accomplish it. The constitution what is it? We extend ex-tend the constitution of the United States by law to Territories? What is the constitution of the United States? Is not its very first principle, that all within its influence and comprehension shall be represented in the legislature which it establishes, with not only a - right of dobate, and a right to vote in both houses of congress, but a right to f partake in the choice of the President ; and vice-president? And can we by - law extend these rights, or any of them, to a Territory of the United States'! Everybody will see that it is altogether j impracticable Lot me say, i that in this general sense there is no j such thing as extending the constitution. constitu-tion. The constitution is extended over , the United States, and over nothing else. It cannot be extended over anything any-thing except over the old States and the new States th?t shall come in hereafter, here-after, when they do come in. . . . The honorable senator from South Carolina, conversant with the subject as he must be, from his long experience in different branches of the government, govern-ment, must know that the congress of the United States have established principles in regard to the Territories that are utterly repugnant to tho constitution. con-stitution. The constitution of the United States has provided for them an independent iudieiarv; for the judge )f every court of the united States lolds his office upon the tenure of good jchavior. Will the gentlemen 1 ;ay that in any court established in in the Territories the judge holds his jfhee in that way? He holds it for a term of years, and is removable at executive ex-ecutive discretion." In reference to this speech senator Benton said that, "All this was sound constitutional law, or, rather, was veracious vera-cious history, showing that congress governed as it pleased in the Territories independently of the constitution, and often contrary to it; aud consequently that the constitution did not extend to it." The preposition failed, and the Territories Terri-tories with their "temporary" governments govern-ments continue outside the pale of the constitution, and therefore without the enjoyment of that republican form of government guaranteed by that instrument instru-ment to all the Suites of the Union. It appears, then, that in spite of the fact that sovereign States only were contemplated by tho constitutior of the United Suites; in spite of tht , fact that the Territoiy of Utah wa: I twice conquered by the people who nov inhabit it hrst, Irom a loreign power by tho two columns of which 1 have spoken, and again, through infinite trial and suffering, from the opposing forces of nature; in spite of the fact that all nations have admitted that "to conquer the land is worth the fee simple of the soil;," in spite of tho fact that the treaty wlitoh ceded them and their conquered domain to the nation from which they sprang, provided for their protection and for their speedy admission into the Union; in spite of respectful pctitious for admission often i repeated and always unheeded it still remains, as it has for twenty-two years, a "Territory." What is a "Territory?" Wo have seen that it is a sort of government ; over which the constitution of the republic re-public is impotent; it is safe to say, therefore, that it is anti-republican. ' We have seen that it is a kind of gov eminent uncontemplated in the consti tution, and that its model happily now extinct was created before the adoption of that instrument: it is reasonable rea-sonable to charge, therefore, that it is unconstitutional. Let us now examine further, aud see if it is not another namo for tho embodiment of the worst features of the worst form of government govern-ment known to history. The Territories have no voice in the government. Their rulers, immediate and remote, are aliens and strangers, often enemies. The people of the Territories make no laws. To-day they execute none. They are minor children, chil-dren, without a parent worthy of tho name aud t fficc; wards, without a guardian such as would be acceptable to any probate court in the land. The Territory has been called the political Botany Bay of the nation; the lazar-house lazar-house of decayed politicians; the receiving-tomb for defunct party hacks; and has long been rcengBized as the appropriate puce of exile for the useless use-less peusioneis of political parties. The memorial accompanying the constitution which has been drafted for the new State declares that "it is the j system of government, rather than those who adiuirti-iti' the system, which j should be c-.-n.-ured." With that i.eu-l i.eu-l tiujent I aejee. The h,'akui har been ' and eau be ;;d mi date-red in such a manner man-ner as lo secure not the best good ol ;the people, perhaps, but an absence ol misrule and abul ae r;inny ; it is, j however, eapaoie ot be inn adinuiisiud ; in a manner alike levultm: t i every hopeat man, 4ud iniunuu to the best interests of the community. We all know th.it powti- ii ul encruae hiug nature, and that no system ut g-jV'.-rn-mnt i.. other than faulty which d :e . I not effectually restrain the power c m-I m-I lerred I'imiu passing the limit-, a-L-tk,! I to it. Iu our Territory, the cfi'cer ;of the guverumcju iv pie'ieiliy witlt-I witlt-I out restraint. Ci-.'ar'y. ,-u.h a sr-tnii i is as censurable utdr ihu eai-e ot' u "Republican form of government" asi would be a return to the federal system, from which sprang tho colonial system igainst whioh our fathers rebelled. It is a vital political truth that iu a republican government, the legislative, execulivo and judicial depart luents must be separate and distinct. A sacred maxim of free government i violated by a practical consolidation ot these different powers, even though they be technically separated. It has been wisely said by one of America's greatest men, that "tho accumulation of all powers, legislative, executive and judiciary, io tho same hand, whether of one, a few or many, and whethui hereditary, appointed or elective, maj justly ha pronouueed the very deuai-tion deuai-tion of tyranny;"' and this self-evident truth is repeated by Montesquieu and other political economists. We might be led to suppose that the framers of the early Territorial orgun-izuions orgun-izuions neglected to observe that they were providing a goverimie1. t with this absolute identity of power and interest inter-est so unequivocally denounced by Hamilton iuonies.quieu uuu uuiem. But it is safe to say that they were fully cousciuus of tlio fact. U was, however, only a temporary device, intended in-tended to serve a specific purpose, and having a limited field of action. It1 could nut have contemplated the mis-' .-ovenmieir. of 000,000 people, equal to one-Ill' h of the entire p:ipuY.tiou of the nation at the framing of the constitution. con-stitution. Ik'si'Jes, in the beginning it was far less ivraiitiieal than now. "Improvements," "Im-provements," s) called, have been engrafted en-grafted upon it. A phantom legislature legisla-ture has been provided lor it; phantom, phan-tom, 1 say, because in our Territory it possesses not a single law-maUn:: prerogative. pre-rogative. By cur org'uue act, iliisuu-suUstanti'.d iliisuu-suUstanti'.d and shadowy legislative de-pannJCiU de-pannJCiU is created aul e:;.p v.vvr. d, with the aid of liu lo.-ai t :: .viitivo, to frame laws for ihe '.'uvernuietit of the Territory. But its labors cm be nullified nulli-fied by a single individual the ap pointed governor. His w;o is nb-n lute. No bill cm he pa-scu over iu.-: veto by a two-ihirds vote, nor by any j other majority. This officer is thus a vital part of the law-making poiver. ' The stylo of tho legislative enactment is, "Be it enacted by the (.l.ivenior; and Legislative Assembly." He is j called "the executive," and is sworn to "see that the laws are faithfully ex-1 coutcd." Here is clearly that uaion of the- law-making and law-executing powers, against which all republicans, the world over, protest. Worse even than this, a premium is paid for dishonesty dis-honesty on the part of the governor. He can defeat legislation by a becrct effjrt, without incurring the odium which would attach to the exercise of his veto power. By the organic acts, congress can finally disapprove and annul such Territorial onacimuuts as it pleases. Tho governor has only to hint his wishes to some friend in congress, con-gress, and the honest work of an entire ' legislative session is destroyed by a oint resolution, ine executive nas struck this blow at the most vital and important interests of tho Territory, but his hand is oonoealed. Enmity is gratified while the face of the foe is averted. As to tho judiciary. These officers are created by the same power, and may be selected because of their known sympathy and unity of sentiment with this remarkable law-making executive. That inflexible and uniform adherence to the rights of individuals which is so indispensable in tho cjurts of justice, cannot be expected from judges selected select-ed as these men are. Their term of office is too brief. It should be "during good behavior," as is the case in the States, and as has worked so satisfactorily satisfac-torily whenever employed. A temporary tempo-rary duration in office discourages com petent men from quitting a lucrative, line of practice to accept a seat on the bench, and this throws the admiuistra- i tion of justice into hands incompetent to conduct it with impartiality and dignity. The salary is inadequate. Tho small stipend attaching to the office of Territorial judge, will usually buy only tho services of cheap men and bad lawyers, although the interests involved in-volved arc vast, and demand for their adjudication the highest talent in the land. Four men thus absolutely execute exe-cute the three departments of the government, gov-ernment, and hold at their meroy a multitude of human beings for whom, perhaps, they have small regard. Where is tho guarantee fjr the good behavior of the federal office? of a Territory? What security for fidelity to duty, for impartiality iu the exercise ot authority, do the people of a Territory Terri-tory receive at his bands? None ! You cannot impeach him, though he prove a fiend incarnate, because you have no : authority soto do. He is iu "a Terri-i Terri-i tory," and he is safe. Were his acb : of usurpation committed iu a State, i the constitutional remcly of impeach-? impeach-? ment would remain. But he is beyonc the pale oi tuc constitution, anu youi cannot molest him. You caunot iu-1 diet and convict him, for he holds the courts in the hollow of his hand. You caunot appeal to his ambition or to his. interest, because you can cater to neither. nei-ther. He is not the servant of the people. peo-ple. He owes them nothing, not even 1 respect. He is their friend if the no-j bier impulses of humanity chance to possess him, he is their tyrant if it fo happens that he prefers tyrauny to humanity. hu-manity. Monstrous as is the proposition proposi-tion to confer upon four strangers tho children of one parent, deriving their authority and their compensation from a single sourco, and thcreforo naturally of one mind absolute control over the lives, liberty and property of an entire community, its horrors are intensified by the reflection that these strangers are the natural intermediaries between the people and the general government! govern-ment! that the government, with pa rental partiality, listens reluctantly to charges against its favorite appointees, and gravely proceeds to "institute in-1 quiries" ofwhom? The people? Noli Unprejudiced observers? No 1 Some I responsible officer sent out to iuvesti- i gate and report? No! Whom, then? I Why the very officials implicated ! The : inhuman governor; the corrupt, prrju-! diced or bigoted judge; tho venal pros- j ocuting attorney! All information must come through this tortuous chan- j nel, to be warped and twisted to meet the views of the careless, corrupt or ma- lignant officials. How thtdl the appeal ; of the people, how may the wail of! deeply wronged communities, reach the ear of power? It cannot do it. How different is all this iu the remote re-mote State.-! There the executive and legislative bodies representing as they do the people, stand as sentinels over the persons employed in every branch of tho National administration, with power to communicato their acts to the national authorities, and the pevition to render themselves heard at the seat of government. They have p:jli:ical power, s-'iralei, vote.-, in cjiicss., a voice in the great work oi selecting ua-tional ua-tional ruljtw. 'i heir rights may not be invaded with impunity. It may be su,d in icply ih;it each Territory ha-its delegate in Migrc.-s, whose duty it i- to rer-'s.'nt lb :' con-ditiun con-ditiun oi' hif In.-alitv ar.d tj seek the crrceiiou uf all existing ab'ir-.,. i aJ-niit aJ-niit this, and I could nutexcu.-c myself if I ii'Vheied to give all creoit to ihe,:c earnest aud nuble men. Their duties :iic many and their u-it excessive. exces-sive. With liiteie.-.a ! l.-.-ter uud pro-!cj;, pro-!cj;, more cxieoive than uiot iuem-fU iuem-fU i.- of e.ie.ie..s, they ie ci shorn o! j i.l Itfcial.ni-.o power. liepreseiitiiu' jmniieiisc 'J. ..'.'l'.iphieal divisions of llie , national domain, they h-ive not a vote jto j"'v''. -'arcjly a v.-.,r- v!rch em interest.- ul' (heir people. 1 lie-c g. m.l-,mcn m.l-,mcn niut take back seals m the hou-c of representatives. The uobendiog etiquette of this body, declares that the Territorial dclegato must talk only on Territorial topics, and not ol'ten on these. Ho may bo tho peer of any statesman in tho nation, with a mind enriched by cultivation aud by travel in many lands, but ho can open his lipa under this dome, only upon subjects connected with Indiana and irrigating ditches. He may be a Demosthenes in eloquence, but if ho speaks at all it must bo to empty benches, on a Saturday. Satur-day. Tho representatives of a million and a half of square miles andsixhun-Ircd andsixhun-Ircd thousand people, exceediug in able-bodied male adult a, and thcreforo in working and productive capacity, the State of Massachusetts aro practically prac-tically without voico or iollucncu, as they are without votes, in tho national legislature, aud are therefore nearly powerless pow-erless in tho various departments of the government. (7b be continued.) |
