The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-06-28
I1irtieth Consress---Flrst Session.
MONDAY, JUNE &c, 1913.
HOUSE OF REPKEsENTATIyE


oATHs IN THE DISTRICT OF COLUMBIA
Mr.. THOMPSON of Mississippi rose to privileged
question On Friday last he moved the reconsideration
Of the vote by which the House ordered the third reading
District of Columbia The bill extends The authority to
administer oaths heretofore confined to the chief Justice
aone to the associate Judges Of the District and the judges
OF the criminal court Ills object in making this motion
commissioners appointed by the court
The SPEAKER said the bill had passed the stage al
which amendment might be applied, even if the gentle
mans motion to reconsider should prevail
Mi. THOMPSON said that his amendment was merely
clerical affecting principle; and he hoped il would be
sss epposed ne amendment
posed to be offered by Mr. THOMPSON TO the bill as moi
congruous and, after urging the immediate passage OF
me bill IN few brlei explanatory remarks. moved 10 lay
the motion to reconsider the table, which agreed
CIVIL AND DIPLOMATIC APPROPRIATION BILL.
The House then, on motion of Mr.. VINTON, resolved
itself INTO Committee OF the Whole the state of the
Union. Mr.. Roor in the chair) and proceeded to the
consideration of the bill ing appropriations for the
civil and diplomatic expenses of government for the year
ending June 80, 1s49.
Mr.. FEATHERSTON (having the floor from last
weekly rose to the discussion of the question of slavery
in the Territories is termed by politicians the
north, the question of Stree sol.' This question
OF the present session OF Congress- doubtless the vote Of
the House would be recorded upon it, Already there
was bill pending to establish Territorial government
in Oregon; and but a few days more would pass away
before bill would be introduced to establish Terrific
rial government in New Mexico. Thus the question
was becoming tractca-a question to be voted on; and
with these facts before it became the duty of the
House TO examine the subject He hoped it would be
acted before the close of the present session. 1t
braced question OF most exciting character-one cal
cu!ated to array different of the Union against
each other and to beget unknd feelings; and for this
reason we should hasten to s aiustment equal
and satisfactory Terms Mr.. F. satisfied tina, the
only basis upon which this question could be settled in
way that would be satisfactory to all parties, was that
furnished in the constitution Of the United States.
# slavery is to be excluded from the territories by the
action of the general government as now proposed in
some Of the northern Satesf Congress really possesses
the power to do this, and thai power be exercised
Mr.. f. made hesitation in declaring that form OF
OF coordinate and Independent soveregntes, have
the government OF desposm at the NORTH and mere de-
Tendencies at The south This question must be settled
satisfactory terms The very existence OF the confed
eracy depends upon its adjustment.
Mr. F. proposed to notice briefly first, the power
erred upon Congress with reference to the subject Of
slavery in the Territories belonging to the United States
secondly the power over this subject possessed by the
people residing upon the Territories and, thirdly he pro-
posed to notice the position assumed by the gentleman
from New York, Mr. DUER, that slavery excluded by
existing laws and must remaln so unless established by
law. Upon these questions Mr. F. made his appeal to the
With the Vice President of the United States he be-
lieved that the constitution was plain and integlbe
documents that it was the intention OF its trainers that il
should be adapted to the understanding OF home bred
and unsophisticated men. Mr. F. then INDUCED in some
remarks on the limitations which the constitution esab-
fishes over the exercise OF power by the different depart
ments OF the government
The relations which exist between the territories and the
general government defined by single clause OF the
constitution namely mat g Congress shall have power To
dispose OF and make all needful rules and regulations
speeding the territories and other property belonging 10
the United States" Here the territories cassed with
other property belonging TO the United States" and the
power them is conferred for certain and defined
ham ltuhIrh hat
pose to dispose of the public lands OF the United
States which purpose could not be accomplished with
ont authority to make "needful rules and regulations
Without form of territorial government, this pur-
pose could not be effected for, without some guarantee
of protection, the lands could not be sold and settled
But this must be a limited and restricted government
authority to be exercised by Congress the territories,
is excluded by an express provision of the constitution
The constitution was not more remarkable for lis wisdom
than for its literary merit Every word seems to have
been studied In whatever the trainers OF the
stituton intended to confer upon Congress unlimited
power they have conferred in express termsas in the
case of power conferred to egslae for the District
OF Columbia. If, then, it had been intended to confer
upon Congress exclusive jurisdiction over the territories
we should have had the power defined in unmstakabe
terms.
Mr. F. then proceeded to his next view of this sub
ect TO wit that Congress is but the agent TO dispose
of the public domain; that neither Congress nor the peo
eresnty resides in the several States If this position be
correct then the power of Congress to establish or abo
sh slavery the territories must be given up Congress-
them should execute this trust in good faith which they
could not do by adoptn, the Wimot Proviso because
would be exclude the settlement OF the Territories by
a very large portion of the Union.
The next view he took that the power conferred
on Congress TO protect the rights of property on the
part of citizens and that Congress possessed no pow
or infringe upon the rights OF the cizens bu CT
cumscrbing and settling boundaries and limitations with
in which certain description OF property must be con-
fined, to impair the rights OF property. The passa
of the Wilmot Provso would work this result The
right slave property clearly guaranteed by tn
constitution every other description OF property
He, therefore, denied the power OF Congress to pass any
law to prejudice that right
The authorities relied on by those who maintain tha'
Congress may exercise this power, is the authority OF
preceden,o statements that the power has been eEer-
cised But if you take precedent, he would ask wnal
question could not be settled in the same way The
question OF national bank, protective tariff bankrupt
law, the distribution of the proceeds OF the sales OF ne
public lands could all be JUSTIFIED by precedent Inns
| argument, therefore, was worth Just nothing.
He proceeded to deny that either Congress, or the
people residing on the territories, have the power to ex-
cude slavery The people are not sovereign. The SOW
ereipny rests the People of the States States was
vain then if the people of the territories not sover
ern to affirm that they may exercise one OF the very
highest and most delicate functions OF sovereignty BY
conceding this power, for example, to the people OF New
| queror.
It had been pretended that, by the laws of Mexico
slavery is excIu led from New Mexico, and thai canuo
exist there bur by act OF Congress This he did not ad
nit What is the power-what the force OF Mexca
law these Territories now coded to us! ~ 1t ma
confict with supreme law, then the treaty IS vold
and we have not conquered the country But will ne