The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
In all these territorial bills we have the language "subject to the
Constitution;" that is to say, that the inhabitants are to manage their
local affairs in their own way, subject to the Constitution; which, I
suppose, might be rendered thus: "In their own way, provided their own way
shall be somebody else's way;" for "subject to the Constitution" means, in
accordance with an instrument with which the territorial inhabitants had
nothing to do; with the construction of which they were not concerned; in
the adoption of which they had no part, and in relation to which it has
sometimes been questioned whether they had any responsibility. My own
views, as the Senator is aware from previous discussions, (and it is
needless to repeat,) are that the Constitution is co-extensive with the
United States; that the designation includes the Territories, that they
are necessarily subject to the Constitution. But if they be subject to
the Constitution, and subject to the organic act, that is the language
used; that organic act being the law of Congress, that Constitution being
the compact of the States--the territorial inhabitants having no lot or
part in one or the other, save as they are imposed upon them--where is
their claim to sovereignty? Where is their right to do as they please? The
States have a compact, and the agent of the States gives to the
Territories a species of constitution in the organic act, which endures
and binds them until they throw off what the Senator on another occasion
termed the minority condition, and assume the majority condition as a
State. The remark to which I refer was on the bill to admit Iowa and
Florida into the Union. The Senator then said:
"The father may bind the son during his minority, but the moment that
he (the son) attains his majority, his fetters are severed, and he is
free to regulate his own conduct. So, sir, with the Territories; they
are subject to the jurisdiction and control of Congress during
infancy, their minority; but when they attain their majority, and
obtain admission into the Union, they are free from all restraints and
restrictions, except such as the Constitution of the United States
imposes upon each and all of the States."
This was the doctrine of territorial sovereignty--perhaps that is the
phrase--at that period. At a later period, in March, 1856, the Senator
said:
"The sovereignty of a Territory remains in abeyance, suspended in the
United States in trust for the people, until they shall be admitted
into the Union as a State. In the meantime, they are admitted to enjoy
and exercise all the rights and privileges of self-government, in
subordination to the Constitution of the United States, and in
obedience to the organic law passed by Congress in pursuance of that
instrument."
Public-domain text, read in full here on John Shaqi.
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