Speech of the hon. R. Barnwell Rhett on the relation of the states and the general government towards the territories Page: 4 of 16
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4
is enough, if good, to shut us out; and making them three or three hundred,
if not good, however complimentary to their zeal, will add nothing to the jus-
tice of their policy. Agreeing in one thing-the right of excluding the
southern States from our Territories-they disagree in the mode of accomplish-
ing this end; and in their disagreements, break up the force of each other's
position. Has Congress the power to exclude the southern States from our
Territories? If so, it must be because Congress is omnipotent over the subject.
Hoy, then, can the Territories be omnipotent? Where is the territorial sov-
ereignty, by which we are to be excluded? And if Congress or the Territories
have the power to exclude us, how is that compatible with the doctrine that
we are excluded already by the pre-existing laws of Mexico? If the pre-ex-
isting laws of a sovereignty can settle this matter, it will be difficult to show,
that we have any proprietorship in the Territories, for either Congress or the
people of a Territory from the United States to exercise, for our exclusion.
These various positions, if fairly reasoned out, instead of supporting, destroy
each other. It is proper, however, that they should be taken up separately;
thataall the weight each of them can bring to show the reasonableness of the
common policy they propose, should be fairly brought forth in debate. Weak
as the argument has proved to be, in support of the power of Congress to ex-
clude us, I think it will appear upon examination to be by far the stronger of
the three expedients. At the last session of Congress, I endeavored to show
that Congress had no power under the Constitution to exclude us. I propose
now to consider, first, can the Territories, by their legislation, exclude us? and,
secondly, are we excluded by laws of Mexico? In other words, are the in-
habitants of our Territories, or Mexicans, sovereign in our Territories?
And in the first place, Mr. Chairman, before we enter into an argument about
our Territories, let us understand what they are. The word territory, in the
sense in which we use it, and the thing itself, is an anomaly in the govern-
ments of the world; and exists alone in the United States,-the result of our pe-
culiar form of Government. A Territory, is neither a province, nor a colony,
nor a State. The Constitution speaks of territories belonging to the United
States; and it speaks of States-"new States may be admitted by Congress
into the Union." A territory, appears to me to be, a temporary dependency on
the Government of the United States-for two purposes, 1st, "to dispose of"
or sell the public lands; and, 2d, to create "new States." It is not a colony
or a province, because temporary in its dependency. It is not yet a State, be-
cause dependent. If independent of Congress, it would be a State, because
possessed of supremacy, the very essence of sovereignty. If the use of these
terms is correct, to talk of territorial sovereignty, is sovereign nonsense. A
territory to be a Territory, must be subordinate or dependent; and if subordi-
date or dependent, it cannot be sovereign. The Constitution, speaks of ter-
ritories and States. Of the former, it speaks as "belonging to the United
States," clearly conveying the idea of subordination and inferiority. Of the
States, no such language is used.
But if the Territories are subordinate to Congress, what is the measure of
this subordination? "Congress shall have power to dispose of, and make all
needful rules and regulations respecting, the territory and other property be-
longing to the United States." Here is a two-fold power bestowed-1, to,
dispose of, or sell the public lands; 2, to make all needful rules and regulations
with respect to the territory as property; for it is spoken of, in connexion with
the "other property" of the United States. Now, what are the ''needful
rules and regulations" which Congress may make, fairly incident to our terri-
tory as property? "To dispose of" or sell the public lands, is the primary ob-
ject. But can this be done, without a government and laws which will assure
'I
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Rhett, Robert Barnwell, 1800-1876. Speech of the hon. R. Barnwell Rhett on the relation of the states and the general government towards the territories, pamphlet, 1848; (https://texashistory.unt.edu/ark:/67531/metapth497792/m1/4/?q=%22slav%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Schreiner University.