Under the actual legislation
of Congress, running over a period of sixty years,--a legislation
sanctioned by all administrations, by all departments of the government,
by all the authorities of the individual States, by all statesmen of all
parties, and by frequent popular recognitions,--prescription has taken
the force of law, and that which might once be theoretically doubtful
became forever practically valid and legitimate.
[Footnote A: Works, Vol. V. p. 306.]
[Footnote B: See his late pamphlet on the Dred Scott decision, which
we may say, without adopting its conclusions, every statesman ought to
read.]
It was not till within the last few years that the right of Congress
over the Territories was questioned. Certain classes of politicians then
discovered that the whole of our past statesmanship had been a mistake,
and that the time had come to propound a new doctrine. No! they said, it
is not Congress, not the Federal Government, which is entitled to govern
the Territories, but the Territories themselves,--which means the
handful of their original occupants. The real sovereignty resides in
the squatters, and Squatter Sovereignty is the charm which dispels
all difficulties. Alas! it was rather like the ingredients mingled by
Macbeth's hags, only "a charm of powerful trouble.
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