The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-29
SPEECH OF MIR. UPHApI,
OF VERMONT,
On The bill 10 establish territorial governments IN Oregon, Ntu
.Nereo, and California
In SENATE, July 26, 1913.

Mr.. UPHAM said Mr.. President have too much
discretion, hope after the fatigue of eight hours
son and the almost suocatng heat of this chamber
deain the Senate with long speech Recent events nd
very clearly that this bill pass night, and that
all who desire express their upon must do II be-
fore we adjourn Sir can see no necessity for pressing
measure of this importance with much haste The bill
may well pass Tomorrow, or the next day, as tonight
There great overnng necessity calling for instant
ton the The subject is one OF momentous I'M
portance the country and and just disposition of
will require the exercise of all patience, all
dor, and all patriotism cannot say, sir, other
have said, that regret this discussion No. sir 1t is
of regret 10 Investigation do no HARM
aud may be productive of great good will direct the
attention Of the people the novel and startling doctrine
avowed by southern senators, touching the of Con-
exclude slavery from the Territories of the United
States. Mr.. President, in my judgment the period has
rived when this question of slavery should be met
and forever settled Ii has been subject ofcontenton long
enough and shall have better opportunity to dis
pose of We about to establish three territorial gov
Territories belonging the United States,
free and if neither Congress the territorial legislatures
have power to inhb the introduction of slavery into the
Territories say by direct vote the question IL all
the legislation have had upon the subject for the last half
century has been Unauthorized, and clear usupaton of
power the part of Congress- time, high time the
country understood it, If slavery above constitution
and laws and subject control regulation by legsla
enactment, proclaim it to the country; tell the people
that Congress poweress upon the subject and that the
march of human slavery free Territories cannot be
arrested by any known to the constitution Are
ators prepared to announce this doctrine to the country
they they prepared not only to condemn the legsa
ton of their lusrious predecessors but to strike down
of the most important conferred upon Congress by
the constitution "The Congress shall have power to dis
pose of and make all neeul rules and regulations respect
ing the territory other property belonging to the United
Stoes. 4h art. Sd of constituilon) This clause
the original draugh of the constitution, but
added by the of ten States against and for the
purpose, probably of escaping from constitutional objec
ton raised the of Congress the territory coded
to the United States under the confederation GAS the general
government possesses the right" says Judge Story
qure territory eherby conquest by treaty, would seem
follow, inevitable consequence that possesses the
ppuar tc xho huuc ,,sra1 for
does not when acquired become entitled to sefgovern
men and is subject to the jurisdiction of any State.
1t must consequently be under the dominion and urisdc
ton of the Unon would be without any government
at all ="
Mr. President, will proceed, with much brevty as
make myself understood by the Senate and the
try, show, first that Congress has constitutional
erect Within and to exclude slavery FROM the
territories of the United States second that both justice
and expedency demand the exclusion of slavery from our
free territories; and third that this BILL if should become
law, would not the territories for which proposes
to establish governments from the intrusion Of slavery.
First he constitutional power. 1t quite evident
that the acquisition of foreign States and Provinces either by
or by treaty not anticipated by the trainers of
the constitution The question before the federal conven-
ton what shall be the form of government for the
States belonging to the conederacy not how shall terri
tory hereafter acquired be governed The ordinance of
not within the limits of the States; and the constitu-
ton ordained and established for the United States of
America Its provisions do extend to territory not ere
ated into States and admitted into the Union The power
of Congress the territories belonging to the United
States derived either from the clause in the constitution
authorizing Congress "to dispose of and make all needfu
rules and regulations respecting the territory other prop
ery of the United States, from the power to acquire
territory; and for the purpose of the argument it is ima
teria from which source 1t emanates,
mo one," says Judge Story, in his Commentaries the
Constitutions has doubted the authority OF Congress
territorial governments within the territory OF the
make all needtA rules and regulations" NC.
THE power OF Congress over the public territory con-
tnues the authority is clear exclusive and unver-
SAL and their legislation subject to no CONTROL but alb
soute and unlimited unless far it is affected by stip
uatons in the ee.so1s o, by the ordinance OF 1857 under
| [Vide Story on the Constitution, p 1885, 1873
In the of the American Insurance Company u.s. Can
ter q Peters's Reports, pp SAL and 542) Chief Justice
Marshall in speaking of the privileges, rights, and mmun
ties of the inhabitants of Florida under the territorial
ernment says:
they share the government till Florida shall become
Of e Uned s by vr. Of that
the constitution which empowers Congress to make all
properly belonging to the United States Perhaps contin
the Chief Jnsce) the power OF governing territory be-
longing to the United States which has not by becoming
State acquired self government, may result
necessarily from the facts that it is not within the urdic,
Jurisdiction of United States The right govern may
the inevitable consequence of the right to acquire terri
tory. Whichever may be the source whence the power
is derived, the possession of is unquestioned."
In the of the schooner Exchange McFadden al,
! q Cranch p. 1867 Chief Justice Marshall says;
The Jurisdiction OF nation within its territory is
necessarily and absolute. IL is susceptible Of no
not imposed by itself All Ptions, therefore,
10 full and complies power within It's own territories
must be traced to the consent OF the nation elt-hoy can
flow from other legitimate source"
Mr.. RawIe in his Commentaries on the Constitution,
page 227 says that
Congress has always been considered as entitled to
regulate only form of the Territory,
but the mselves the appreciation or reIec
ton of such laws may passed by the Legislative power
which they may establish These laws considered as
emanating trom the United States"
Chancellor Kent in his Commentaries (vol page 1885,
says:
at would seem from the various congressional regna-
tons of the belonging 10 the Uned states that
Congress have supreme in the government OF me
de pendn upon Of their sound sore uon
The Supreme Court of the United States in the case OF
the Cherokee nation Georgia. Is Peters, page 4a speak
ing reference the clause in the constitution giving Con-
gress power dispose of and make all needfu rules ana
regulations respecting the territory other property OF the
United States" says: .
'The power given in this clause is OF the most plenay
kind Rules and regulations respecting cerrtoy OF Tue
United States-hey necessarily confer complete Jutisdic
ton necessary confer IL without Limitations ,c
enable the new government redeem the pledge given 'o
the old in relation the formation and powers OF the new
States.
"The term territory here used is merely descriptive
OF one kind property and is equivalent the word
lands and Congress has the power II as Owe
any other properly belonging 10 the Uned States and lh
power is vested Congress without limltaton and Ina.
been considered the foundation upon which the territorial
governments rest"
These authorities Mr. President show, beyond all ques
ton that power of Congress over the pubic territory II
clearly and universally and their legislation Is SUB
ec 10 no control but is absolute and unlimited depending
solely upon their sound discretion II 1t be expeden II
the opinion Of Congress- exclude from our terrore
Iouors of obscene books