Mr. HISE. I will come to that. I admit that from the very origin of the Government up to the present period Congress has assumed, in my opinion usurped originally, the authority to establish political institutions and governments for people living outside of the States of this Union, for people who did not live within any of the States; for people who, it may be very true, settled upon the public domain, upon the land belonging to the Government of the U.S. Now, I hold that this Government is essentially and necessarily a representative Government. The Constitution is its charter; in it are set forth the powers which are to be exercised by the appointees of the States and by the States alone. Those governmental pow ers, legislative, executive, and judicial, must be exercised by State authority and by State agents under the charter that limits the powers and defines the extent of the authority. Now, I admit that in progress of time, by repeated precedents, this thing of instituting political governments and institutions for peole who have settled on the public domain has become unquestioned. No public man now questions it much, whatever may be his opinion in regard to the power under the Constitution of the U.S. to do so. The power has been usurped, and successive usurpations have grown into precedents, so that now there is an acquiescence upon the part of the people of the U.S., and perhaps also on the part of the people who are living on the public omain. But acquiescence does not create the power or justify its exercise. The Constitution gives no authority for any government of person or persons, community or communities, outside of the States that compose the Commonwealth of this nation. I know that as authority for the exercise of this power over Territories we have been frequently referred to that clause of the Constitution which provides that “Congress shall have power, to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the U.S. ” Now, I hold that if the members of the Convention which framed the Constitution, or any of the conventions of the States which ratified it, had believed for a moment that that clause included the power of instituting political governments over people outside of the States, people who are not citizens of the States, they would have provided for the representation of those Territories upon this floor. This Government can be carried on only through the instrumentality of representation. It was because there was an attempt on the part of GreatBritain to govern the original Colonies by enactments of Parliament in which they had no representation that led to the struggle which resulted in the establishment of our independence and the creation of our representative form of government. It is most astonishing that the time should ever arrive when the functionaries of these State governments on this floor should set up by usurpation, as I deem it, their own authority and power to govern those States which are not allowed a voice upon this floor; ten States which have been excluded by your enactments from any representation here, and that, too, in violation of the very principle of government existing in all our fundamental charters of government, State and Federal, of the very principle upon which the Colonies with but ain. It is astonishing that by any lapse of time these old revolutionary recollections and the devotion and love of the people for representative government, should be forgotten, and the time should arrive when party domination, actuated and impelled by party malevolence and fierceness or party rapacity, should attempt to set aside all the principles of government and to govern these people in all respects by meas: ures and institutions which appear to me I speak it with all due deference to the majority on this floor to be malevolent and malignant in the last degree. As I have already said, I admit that territorial governments have been imposed upon people living upon the public domain, and many public men have attempted to derive the authority for establishing those governments from the clause of the Constitution authorizing Congress to do no more than preserve or dispose of the public property; “to make all needful rules and regulations respecting the territory or other property belonging to the U.S. ” That is."giving power to Congress to dispose of or preserve the public property; nothing more. Why, sir, several of the States of this Union ceded large tracts of territory to the Government of the U.S. before the adoption of the Constitution. People flocked upon that oand occupied those lands. The congress of the U.S. assumed, no doubt under this clause of the Constitution, the authority to institute political governments for such territory. But, sir, I say that if there had been any intention upon the part of the framers of the Constitution to authorize by this clause the institution of territorial governments by the Congress of the U.S., the constitution, which evinces in every part the devotion of its framers to the principles of republican government, would have provided that the Territories thus constituted should be represented in the Legislature of the Union. The absence of such a provision indicates clearly to my mind that the exercise of this congressional control over the Territories was never contemplated by the men who constructed the great charter of our political government.