Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1848-11-23

The Senate resumed, as in Committee of the
Whole, the consideration of the bill to establish
the territorial government of Oregon.
Mr. PHELPS said
Mr. PREsipENr 1t was not my purpose, when
this debate commenced, to take any part in the
discussion of a subject which | had studiously
chosen to avoid, as a subject of an irritating,
troublesome, and perpleXing character. But sir,
have been induced to chlnge my purpose in
consequence OF the course which has been tn.
ken in the debate. Doctrines have been a.ivan-
ced, which, in my judgment, are at war with the
Constitution Positions have been taken which
regard as wholly nntenable; and claims have
been set up in relation to the slaveholding pow
er, which deem it my imperious duty to resist
1t is n very important question whether this
power, existing as 1t does in certain portions OF
the Union, can arrogatc to itself principle of
self extension in defiance of the power of Con-
gross, and in defiance of local legislation. Sir,
thus pretenslon Is, in my judgment, wholly in
admissible. had supposed that proposition
50 inconsistent with what has heretofore taken
place, would not have been advanced We have
heard good deal of the Missouri compromise
That Compromise, if | understand it, fixed upon
tue line of north latitude 36 . 30 as the line Of
demarkation between what are called the free
aud the slave states. | had supposed that, by
virtue OF that compromise, the territory Of the
United States north of That line was IN he forev
err exempted from the institution of slavery
But, sir. we are now told. whatever may have
bcan tho nurnnr, ,r tho con,n-o,n;so ,bo, ,yo
possess not the power to exclude slavery from
any portion OF the territory If the United Sites
II this position is tenable- if 1t can be made
out that Congress has no power over this sub .
ject, Us connected with It's territorial legislation
then, indeed, the Missouri compromise fails as
comp 'A''S' io' ""hI vi power ~ hlaNe II a"u
"u'' VI power W curry IL mo euect' DIT, re-
pot ui's PrctuIlsloh Is ueiehSiU'e' ~ncn Chains
" e"o'PI tis institution from al eEisia'ioh, anu
1,"''S 'or 1t t'C ght 10 extend nseil over these
ie.'i'''iI9 III uvnt"ce u our legis,aI'on; II this
p 'etenII oo "cll ionnueu' 'heh i'iuceu' theFe ID
"o 9ai'n.y aur'o'',y C'at ca" restrain II:
nu'' 9ll' oeiore aunt tie JUSTICE Oh th'S Po
o.'oI' may oe P9I'n,tteu toeNtIh'he tHe ground
:, - 'ou',uTu' huu III 'ho ou'Set uecui
1t utterly ih'hateriai whether the power OF Con
Saea' 1'c' I'll. ie'l'1oIies vi Tue Union 10 u pe
ae'Neu iro'li the express gran, oI power III tle
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it IS incidental TO This Gnvernment 10 acouire
territory, aud if The power TO acnuire territory be
admitted, the power to govern is of course in
yoved. But, sir, all this discussion, is, in nv
humble judgment, unlmportant From whatev-
or source the pos er is derived, it is too late now
TO deny its existence. 1t was asserted before the
formation oil the Constitution. 1t was not denied
or prohibited by the Constitution itself when a.
dopted. 1t has been exercised from the first ex-
isence Of the Government down to the present
day; scarcely n session of Congress has passed
in which the existence of the power has no, been
cognized in the most emphatic manner-in-
deed, the bill before us assumes the power; and
every discussion, every question that is raised i'll
the lace of this bill, to what it is, or what 1t
should be, proceeds upon the same assumption.
Sir, my first position is, that let the power be
derived from what source it may, it is general,
an exclusive, and therefore unlimited power.--
If you attribute the power to the right of acqui-
sition to the war-making power-to the capl-
city of the Government to acquire territory, its
jurisdiction over it is necessarily unlimited, be.
cause no other sovereignty can exist. By the
very act of cesson which made this territory the
property of the United States, all previous SOW
ereign power, all PRIOR legislative power, be-
comes at once extinct. The power of Congress
over these territories is the only power that can
thereafter exist. Well, sir, if it be true that this
legislative power over the territory is unqualiti.
ed and unlimited, and if Congress possess this
general legislative power the only remaining
question is, whether this institution Is legitl-
mate subject for the exercise o! that power. Ii
| has been claimed from the outset. by those who
vindicato the institution, that this is proper
subject to be regulated by the local legislature.
1t is upon this ground, viz: that tina subject falls
within the exclusive province of State and local
Legislation, that the slave holding States have
denied the power of Congress to interfere with
the institution within the States. tits upon this
ground questioned, denied by nobody, that Con
/ gross have uniformly dlsowned and repudated
that power of interference. But the power of 10.
cal legislation over the territories is in Congress
as absolute and unlimited as the corresponding
power is in the State legislature Nay, if you
| derive the mower of Congress- from the faculty.
of ACQUISITION incident TO all governments. It Is
more absolute and unlimited. because unframed
led by the restrictions of the State constitutions
If this subject be fit subject for legislation ia
the one case, it is fit subject in the olher Ii
seems to me that the conclusion is inevitable
that Congress possesses the same power of lie
g,slaton upon this subject within the Territories
9th IJnipn hat ,hc States do within their owr
inri.dic,inn
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