Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
"The people of a Territory have all the rights of the people of a
State; and therefore there are no Territories belonging to the
American Union, but all are by the silent negative operations of the
Constitution of the United States, converted into independent sovereign
members of the North American Confederacy. We commend this system to
the advocates of popular sovereignty. It offers many advantages. It
will not be possible for the people or the Congress of the United States
to resist the admission of new States, inasmuch as their consent will
not be asked. It avoids all unpleasant issues. It provides for new
slave States; it disposes of Utah; it settles, in anticipation, all
questions that may grow out of the annexation of the Catholic Mexican
States; and it permits the immigrants from the Celestial Empire to
re-establish their institutions, and take their places as members of
this Imperial Republic." This statement of Mr. Douglas' policy in the
interest of slavery is not a far-away prophecy of the doings under
President McKinley's administration.
I have reached a point in this discussion when this remark may be
justified: No impartial reader of my article of 1859 can fail to
discover that the discussion did not involve the question now raised.
The issue was this: Are the Territories bound by the Constitution
to become States in the American Union against the judgment of the
people, and are the existing States bound to accept a new State and
that without regard to its institutions? This was the theory of Mr.
Douglas, and it was a theory designed to provide a certain way for the
increase of slave States. My argument was aimed at that policy.
At the end of my article there is a summary by propositions which
contains declarations that were outside of the controversy with Mr.
Douglas.
One of these has been quoted, and quoted in error as evidence of my
inconsistency. I read the proposition: "The Constitution of the United
States may be extended over a Territory by the treaty of annexation, or
by a law of Congress, in which case it has only the authority of the
law; but the Constitution by the force of its own provisions is limited
to the people and the States of the American Union."
In this general proposition there are several minor and distinct
propositions.
1. The Constitution may be extended over a territory by a treaty of
annexation. This is now my distinct claim in regard to Porto Rico and
the Philippines, a position that I have uniformly maintained.
2. The Constitution may be extended to a territory by law, _in which
case it has only the authority of law._
As to this statement I can only say I may have had in mind instances
of such legislation as may be found in the Kansas-Nebraska Act.
Public-domain text, read in full here on John Shaqi.
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