The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1847-03-11
CONGRESSIONAL.
SPEECH OF MR.. BAYLY,
OF VIRGINIA,
In The House IF Representatives.. Februaru II
l047- On The Wiinot Propiso.

In The House IF Representatives., Februaru II.
lo47-On The Wiim0t Propiso
Mr.. Chairman The effort to engrafl this pro.
vlso on the bill etore the committee is A palpable
attempt Ia usnrp powers not conferred by The con-
slituton on Congress and it has NOT the misera.
bile apology that it is calculated to promote any of
The objects for which the constitution was framed
but, on the contrary, it is destructive of all. In
demonstrating this proposition, | purposely throw
out OF view the fact which has been so often
mentioned. that this is an attempt to legislale for
territory which Is not yet completely ours and
which may never become s,i-whirb indeed
never VIII become onrs if Congress consents TO
act in the spirit in which this resolution is CON
ceived for although this fac, is most potent to
show The wickedness of this proceeding vet
VIII leave others 10 comment on it, and meet
gentlemen upon the ground they have selected
VIII argue The question upon their own assump.
ton, that we have acquired. or certainly will ac
qulre, territory in this war with Mexico Con.
cedIng This. ask where do you find the authority
IN The constitution To enact such proviso as that
proposed by the gentleman from Pennsylvania
Mr.. Wilmot.
Sir, this government is one Of delegated DOW
ers, and all powers not delegated in the constiiu-
ton, by the very terms uf that instrument arc
reserved TO the States and the people The Com
gress has no more authority to exercise power
not delegated, than ii has absolutely prohibit
ed. These are irlte truths, which repret The
necessity Of uiering. But when, in a House
nominally democratic. we hear from gentlemen
protesting TO he democrats, such doctrines as that
lhl9 government possesses sovereignty, and that
II has innate powers, it is Time for such Of MS as
have learned other doctrines 10 proclaim them. -
Although tre To US, they are new 10 others Sir
this government possesses no sovereignty il is
true, the States have delegated To il the exercise
OF certain sovereign powers; hut the sovereignty
Itself is IN the people, and is nalienable This
government has no innate powers lis powers
are all derivative. These positions will not he
disputed by any who understands the A b
C's Of the republican faith. Bearing them in
mind, ] ask in what clause Of The constitution do
you find the power 10 iegislate at all, much less
to adopt rreUocnble legislation for the territories
which we now hold or may hereafter acquire +?
Mark, do not ask for the pow er TO propose forms
| ~ government 10 the territories but for the
power 10 tegisiGte for them do not concede
the brsl but 1t is not necessary for my argument
that should dispute it. ! know it has been ex.
ercised from the foundation of the government /;
and some very sound republicans have regarded it
as fairly an incident to the power Of acquiring
territory. This IL not satisfactory TO me. have
great doubts about our power to establish for the
territories even temporary governments, and these
doubts are strengthened by The proceeding Of the
convention which framed the constitution On
! the 18Th Of August, Mr.. Madison submitted, in
| order TO be referred 10 the committee Of detail
among others, The following power as proper to be
added 10 hOse Of the general legislature
i" dispose Of the unaPpTopTiaied lands Of the
United States.
10 institute temporary governments Tor the
new States arising therein
The first branch Of this proposition was virrnal
W adopted. What became Of Tie second II
shared the fate Of the prop sition to confer upon
Congress the power TO grant charters of incorpo.
ration, 10 establlsh university, and TO construct
canals, &c. The convention refused 10 confer
The power contained in IT, In the unly territories
which we Then possessed. a Temporary govern.
ment already existed, and the convention was
willing 10 leave IT to the people Of The territory