Show CULLUM CULLOM CONQUERED hythe tar maln plotter senator brown 1 of i beor cia who scythes the ISu sucker ekery senator with I 1 hue ige ge 0 r ce rochl sarcasm knocks the Stal linc out of file he uni I 1 1 I constitutional edmunds bill and ud nobly Malala lm the nights of religious Rell LIous liberty concluded these are I 1 chent cieruo to show aliat there exists in ClIn congress griss nb ab af unlimited legislation in the territories congress has tile right to dispose of or and make inake all needful rules and and regulations respecting the territory in ahe tiu pular not territories and other property of the united states thalia thatis the grant grantor of power tio w e r and that is all otic but this does n not ot delegate to congress the right to make any laws law as applicable to 0 o the territories aralia rule rules soi dr ie regulations for their gavern government men which violate the genius gedius and spirit 0 of our republican institutions or which are prohibited to congress by th 0 nor indeed any which aich are not within the scope of its delegated powers s the language as applicable to tho the district Distri cf of df Coltin columbia bia etc is very different add an d much more full and ample that provision gives to congress Con grees lie the po er to exercise exclusive legislation in all vases district not exceeding ten miles square as may by cession of the particular states and the acceptance of con congress re s become the he seat of Govern government men to ol 01 iti the io united states and to exercise a like authority over all the places pur chased b by consent of the legislature of alie state in which tho same le be for the erection of forts magazines arsenals dockyards dock yards and other needful buildings in the first place tho the language is ia congress may dispose of and make all n needful adful rulea and regulations concerning ning t the lie territory not territories and other property of the united states rates in ho last case Cog congress gresl may exercise exclusive legislation in in inan it cases whatsoever what oever the thy of the anns constitution I 1 well understood the force and import of language and ith itis very evident that A the theodia ydiA not intend to confer till power as plenary in the one case just quoted as they did in tho the other in so far then as the right to legislate for tho tile territories is 4 concerned I 1 am of tho the opinion congress can right rightfully folly exercise no power except such as is delegated to it by the constitution in the case ol 01 the district of columbia and other places above mentioned as I 1 the grant is plenary Con congress greEs may i exercise exclusive legislative powers I 1 and enact and enforce any IA lawthan thatis is not in conflict with some prohibitory provisions odthe of the constitution tile supreme court has held that the powers of the tile territorial legislature extend to all the rightful objects of legislation subject to the lestric res tion that their laws shall not bo be inconsistent with the laws and con consal sti tl aution of the united states 1 I peters reters he the test oath prescribed by the constitution of missouri Mis duran during g the dwar war was similar to that prescribed under the net act of ofIa Match ich as applicable to and was declared null and void b by the supreme court of the I 1 united anitz states because became it was a lull bill of pains and penalties which neither the state nor the general government had any right to pass I 1 insist that Congress has no powei power in the territories to pass any law violating these fundamental provisions of the constitution ry by articles 9 and 10 of tho the amendments to tile constitution tile rights not delegated to the congress by tho the slates states lj in the constitution are respectively ely or to the people the reservation of them to the states respect tj v I 1 s peaking efthem as organized sed b bodies els I 1 gouid embrace a reservation to tile people who compose the state but as many of the tile people might not be inhabitants of a state but might live on the territory belonging to th the 0 government sovern ment tats reservation Is put in tile alternative to the tile states respectively ively or to the people therefore dorethe the reservation of powers power not delegated applied as well to 10 the peo pie to of a n territory as to the people of the tile states COM congress may go to the extent of the delegated dele powers in passing pAssin glaws laws for the territories ries or in punishing crime there but it has lifts no rights to pass laws prohibited by imperative provisions of the tile constitution nor F has as it the W exceed the dela delo rated gated powers in the tile enactment of laws for fur the HO eminent of the territories ri tories I 1 deny derly that the tile power la is any to congress in t h M A 61 fl 1 I self governments govern menta ai lon as ased in a territory or to destroy a rell republican liclican lib lican forni furni of government in a Terri territory or to destroy the right of tr trial territory i al by torl ury ury which liichi the declares shall b be e preer preserved veT the is iri ili every everi cabeen caie entitled I 1 ditled to a speedy find and public tri trial 41 by an impartial jury before ail any penalty or punishment or disability ae of f any kind can be inflicted upon him A i 11 a consie li 1 required bythe by the con to guarantee to each state a 1 ronn form 01 government will asbe bracone by anyone that ong gre rc ba las S a 2 bight in ili a i I 1 territory berrt toj to th the united fixates fi tates il by citizens af the united stater who arc are entitled to tile krotec ilon loll 1 ar abutted ly bv uie the constitution t to 0 c citizen itt 1 zen to detroy de troy a republican fonn forn of government and to govern the territory by t oln of military men or C civilians orFa or sa traps or pl provisional governors in an arbitrary 3 t tyrannical y or unco n mail manner of tile very ilrath principles of republican go government vernine y the trainers frainer of 04 constitution intended no such inconsistency ley as a guarantee of a r republican b lean form forin of government I 1 in n t th 0 slates ales and the destruction of republican government in the territories if congress lias has the power to destroy the territorial government in utah and bend send military dictators or satraps to govern the tile territory for live five year years athas it lias the same power to embrace in the same category all territory belonging to the united states and it may govern any portion of it it macgovern may mar govern all of it gor by y a a satrap and if it may continue auch such government lor for a term of years tb there ere is no reason why in its good plea pleasure sure it may not continue it for one h hundred un years or live i ye hundred making th alio territory a province to be plan dered at wil will by the party narty in in power I 1 can van never subscribe ito to the doctrine aliat citizens of the several states i alit ha leave their homes in the stales blates and find est establish ablith homes in the territories thereby lose their rights as citizens of ofilio tile united states under the constitution or lose the protection the constitution guarantees to them against arbitrary tar tyranny anny or oppression nor can I 1 bel believe e v that hat congress may rightfully in such case govern them outside of the tile constitution or 01 that it if may way exercise despotic arbit arbitrary raty or unlimited power over abe people of the territories they areas are as much citizens cit izena of the united unite states as are ae the tile citizens of the sever severe nl at elates alq and hey hy are as much entitled to exercise the rights guaranteed by the constitution as any of the other citizens of the united states are ari they ea right to all the tiou the clauses odthe of the constitution throw between them and tho exercise of arbitrary power whether it is attempted to be exercised by congress or any other dopart department part ment of government the government of or grent Great britain though a monarchy monarch does not claim tho the to exercise ony such power over the english speaking inhabitants of great britain or the british provinces when the original thirteen states were provinces of great britain the tile p people ople claimed the right of local self government and they resorted to revolution and open resistance to the government rather than submit to taxation without representation by an attempt to exercise thevera alie very power that it ia is 1 now arg proposed po sed by soine some persons that the united states S tates ex ercile over utah the british government lost the provinces which at the end of tile war became thirteen eov sov and und independent states which united and formed this great government of oura the power of local self sell government lies a at tt the io very foundation of our system general government are limited to the grant made by the states in the constitution and the tile citizens of the tile states and of the territories of the union are alike protected by y the inhibitory hibi tory clauses of the constitution to which I 1 havo have invited tho the attention of the senate tho the proposition Is ha a monstrous one that the government of the united states lias has the power to destroy local self government as it lias has heretofore existed in the territories to subvert tho the principles of our republican system pt there bere iere or to send irresponsible coin commissions kisslo ns agents or despots to insult alt rob and plunder the citizens of a territory whose constitutional rights are inalienable and should be protected wherever the flae nag floats over an american freeman if such power exists it is the power of brute force not dot of right a power which no enlightened republic can afford to exercise over its citizens A few words about the practical and tind policy of the tile government in its legislation in reference to the ries may not be out of place liere here after virginia Virgin ift had ceded the northwestern territory to ole government of the tile united states the congress in 1787 passed an ordinance for its iti government in which it provided that Tha governor and judges or ft a majority of ahem erthall adopt and pub arity isk iq trio district such laws of the original states criminal and civil as may bo be nevea sary and best edited suited to td ill the e circumstances of the district and report them to congress from tae time to time which laws shall be in force in tho the district until the organization of 0 the general assembly therein dunles di disapproved 1 s p r oved b y congre afterward 11 1 eafe is lattire shall have authority to alter them as they seo see in a subsequent part of tho the ordinance it la Is provided that so soon as there shall be free male mate inhabitants of full ao ago in the district dpn giving giong proof thereof to the tile govey ivr they shall receive authority tho rity alth time and place to elect cepro from their counties or townships to represent them in tho tile general assembly it lea fixes tho number of depte I 1 to ever every WO free male inhabitants nh abitanta until the number shall amount to 25 after which I 1 the lie proportion of representatives shall be regu by the legislature it then prescribe the qualifications of e senta tives and voters jt also provides for coif filling illing vacancies etc this was the earliest earlies t act passed b by ake con 1 press gress for hie the government governa ent of territory te and at thai that time tinie if it way wat wiled called distria t and slid nut territory and as boll yo will vill readily teo bee mr I 1 resident the congress provided for fur a republican lican form of for the territory ant and I 1 for local belf self of the T territory ei eo 0 far for As 09 functions were concerned see statute at lari larve e volume J page 51 by act of slay jay 20 26 1790 provision w was as made for ih the of the tile territory of the tho united n tell states south odthe of tha ohi ohio to river which the statute declared should bo be similar to that which was then exercised in the tile lers ten north of tha tile ohio Vo volume it 1 page As you on see congre Con cress s did not leave the governor and judges to legislate legi date but authorized tem them to select laws from froin those passed br br the tile states for the territory until it bad had sufficient inhabitants to 10 enable it to elect a leg ig lature lien it was to assume legi dative functions and ard the same rule was wa applicable to the tile territory south of the ohio river kentucky was part of virginia and with the tile consent of virginia Virgin la she formed herself into a state and aa waa ad in into the union nio n on the ast 1st of june 4 tennessee haying been ceded to the united states by N north carolina Carolin awas waa admitted into the tile union with but little littie territorial history the Terri territory of 31 mississippi was organized april 7 1 1798 1708 with the privileges i v which the people of rl northwestern 0 r t h western territory Terri tery enjoyed under the or ordinance dinan of 1787 except vroy provision 1 ision aa as to slavery by act of of mat isoo the ri right to elect representatives senta tives waa was IT provided pro I 1 Tided ded fur for with qualification the qualification alifi cation was removed reni oyed by I 1 act october ber 25 1814 volume 3 page and it haa had representative government until its admission into the union on the 3rd ard of march 1817 the ten ter of alabama was organized a portion of the territory of mississippi and the representatives elected under the laws governing the sippi teri itra who fell within in thi the Terri territory tor of alabama were to L continue onti nue as th e leei is slathe tive assembly of that state the town of saint faint stephens Stephen 4 was declared to be the thereat seat of government of the territory until it should be otherwise ordered by the legislature thereof by ily act of ofA april pill 20 1802 the people of the flip eastern martof part of the north western territory were authorized in a convention elected by the peo peon pie to form a state government preparatory to admission into the union with a such name as they might adopt the state of ohio was thereupon n organized as a state and admitted into the union see volume 2 page I 1 Having purchased of louisiana from rona france the president ident was author authorial irl by act of march 31 1803 to take possession of it and to use ilse any martof the army and mavy navy necessary for that purpose we had sk purchased the territory the inhabitants tab mants were not friendly to the people af pf the united states ad did not speak peak our language hence it was necessary to use extraordinary means to take possession of the territory and to farm form a government there A territorial raal government was established by y act pf af march ag 1801 1804 which vested the legiel legislative A t 1 y e power e r in the tile governor and thi thirteen rt e e n rw fit tan and discreet persons of the territory wit with lithe the powers usually div given en jn in such cases Vol time 2 page A i iollar instance occurred in th the case of the territory of florida A t lio atlle state of feeling had be teen the spanish li government in florida and the people of the united stale for many years finally the government of the United States purchased the territory tory of florida and b by tl the le act of 0 31 march arch 30 1822 2 a territorial aitor rit orial lal government was established there ail aej as the people were ivere foreign and poke i st different language extraordinary means were deemed necessary in ili the government of the territory and the legislative 0 power was vested in the governor and thirteen of the tho most ill and discreet persona persons in territory to bo be called the le legislative islat ve |