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House Journal 1828 (30-318943-P128A.pdf)

240 been deemed a suitable precaution to urge the following propositions. It cannot be arrogance which asserts them as materials of a monument of the rights of our employers, which will become firm by time, when properly combined and cemented by your own reflections. Ifany feeling has been displayed on my part, it has been indulged with a view of eliciting results which it was believed would be salutary and acceptable. At the same time there has been no intention to abandon those prudential considerations entirely consistent with a free assertion of what it might be supposed the people, through their Representatives, would eventually approve and sustain.

At the period of forming the treaty of 1783, Massachusetts and the other Colonies were independent of each other, as to territorial rights. The United States, as such, did not exist. Although the Colonies constituted common agents to form that treaty, the territorial rights secured did not, by virtue of that instrument, accrue to the nation, but were merely acknowledged and confirmed by it to the exciting individual corporations, according to preexisting grants, crown lands only being excepted. When the Union of the States was framed, in that happy arrangement we are still permitted to witness, and which created a general guardianship, without extinguishing a particular independence, the compact left Massachusetts the Proprietor, as one party, in severalty of all her soil. She held it fully with undiminished interest, and has conceded her jurisdictional control only by that magnanimous act, usually called the Separation, which received validity from the concurrence of Congress. The Union having no right to cede the territory, the treaty making power, as only a constituent part, cannot exercise a function beyond the grasp of the delegated power over the whole, non,

Description: The journal of the House of Representatives documents the proceedings in the chamber, including actions taken on bills, petitions and reports from committees read, and votes taken. The journals are not transcripts and therefore do not include floor speeches that are found in the modern Legislative Records.

Link to document in Digital Maine

Language: English

Date: 1828

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