Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-05-20
SLAVERY IN THE TERRITORIES.
y THE HOUSE OF REPRE- sENTATIvEs.
.H MAY Is AND II.

MAY 10 AND 4.
The House being ia Committee of the Whole on the state
the Union, and having under consideration the bill making
appropriations for the payment of navy pensions for the year
Fnding June 80 1910
Mr. BAYLY and addressed the House in an elaborate
ind apparently well prepared speech The subject Of slavery
the Territories, &c. to which justice could not be dore in
condensed report such columns would ut present
dmt.
Mr. DICKINSON said that he proposed express his views
the question brought into this debate by the gentleman from
Virginia. (Mr BArLr)vews which he should have expressed
the Oregon Territorial bill future occasion, and hence
e was only anticipating their expression in point OF time by
but few weeks.
In providing Government for the Oregon Territory
should adopt such satisfied Is constitutional
and such will be applicable TO all future acquired Terri
orcs
That shall have Territories hereafter to provide govern
for beyond all Of doubt and the question how
Congress has the constitutional right and how far would
just and proper to exercise this power Of legislation
Territories, may well be settled and disposed Of at this time
AS at any other.
Had the principles Of our Territorial Governments been
to the satisfaction Of the public and had there been no
conflict Of opinion the propety and consltuonay OF
certain provisions proposed to be introduced and which are
deemed by respectable portion Of the community to be Of
paramount Importance the future welfare OF these Terrific
es would have voted upon this question in silence and
would have troubled the committee with any remarks upon
THE subject But that difference OF opinion does
exist in the different sections OF the Union IN regard to the dis
position of slavery in the Territories and feel disposed to en-
ton by what find, after full examination. to be my duty
. Representative of the American people ga.
In proposing organize Government for the Territory OF
Oregon and future acquired Territories, subjects of dis
pue have arisen which will tend disturb the happiness and
of portions of this Conedeacy. refer to the power
claimed prevent legislation of Congress- citizens Of the
United States from removing into such Territories with their
slave property and there holding and enjoying the
If majority of Congress have constitutional right 10 limit
the OF these Territories exclude the employment
Of slave Labor and this right should be exercised some por-
tons Of the Confedeacy will complain OF being deprived Of an
equal participation in Territories acquired by the common
treasure and blood of all.
Should the constitutional right be admitted, then it must be
Of expedency determine whether the exclusion of
slavery from these Territories Of such paramount importance
their future welfare override all personal and partial
considerations
satisfied that slavery is evil to any country where
exists and unwilling that should be extended,
where be reasonably avoided am therefore willing to
limit its further extension wheet be done consutonay
and with proper regard to the rights of other portions OF the
Union.
is much the happiness Of the slave the future
welfare Of the Territories that governs my feelings IN this
matter. My opinion is that large majority of our
slave population happier and better off they than
immediate emancipation make them. know that our
Southern brethren entertain different opinion from myself
the evils Of slavery, and respect their opinions hon.
esy entertained, and consider their opinions entitled to the
respect with my others upon the subject
1t being the first that have been called upon to act
question Of this character, and being fully aware OF the
upon the constitutional right well the policy Of general
legislation Territories have approached this qies
ton though one and examined it as if were
the first time presented for determination with sincere desire
arrive at just conclusion, without reference to former
legislation sectional prejudice After the best examination
that have been able besiow have arrived at the concu-
sion that the cons tuition cone right Congress OF ex-
elusive legislation and their property IN the new
Territories That far general legislation sconcerned the
Territories stand the relation the General Government
do the States. That the power to egsae for the
and general police Of Territories, not being in Congress,
necessarily remains with the people OF the Territories and to
exercise this legislative power such Territories the
sent Of the inhabitants thereof should in the first place be
obtained. fats4
The question u.s. Has Congress the constitutional right
to egae for and regulate the general police and government
Of Oregon or any newly acquired territory
III Congress has that right under what clause OF the con-
stuton is il to be found Our General Government is
of limited powers and is confined in Its action 10 the exercise
Of those expressly delegated powers such
sary to carry such powers into execution.
The clause in the constitution which the advocates OF
expressly delegated rest their argument for the con-
s,utonal right of providing for the Of Terrific
res is that which declares that Congress shall have
dispose of and make all needfu rules and regulations
speeding the territory other property belonging to the Unit
ted States Does this clause give Congress The exclusive
right of legislation territories confined in rs opera
ton to the disposition of the soil only The wording OF this
clause would TO con6ne its operation to land other
property merely The phrase that g Congress shall have
power to dispose Of would embrace the power to
sell, winch unuouoculy the meaning intended 10 DC con-
veyed and it the soil and the eminent domain which
the constitution giving Congress the right to dispose Of
If such had not been the intention would have been other
wise expressed.
The trainers Of our constitution were not the leave
important matter the disposition and government Of
Territories couched in such ambiguous The words
needul rules and regulations respecting the territory
other property belonging the United States taken in
nexion with the clause 10 dispose of shows that it was
the soil and not the jurisdiction Of the country, eminent
domain, that the Convention clothing Congress with the
power TO SELL The word Legislation is men
toned in the constitution in providing for Territories while
the power Of exclusive legislation expressly granted Con-
gres the District of Columbia and such other places
might be purchased for forts, magazines arscnas &C.
This distinction would have been made between the
District Of Columbia and other territory Of the United States
unless intended by the trainers Of constitution
for, the argument used by those whose who the advo
Gates Of the power Of Congress for this general legislation
Territories is adopted the constitutional right Of exclusive le
gislaon absolute the Western Territories
the District Of Columbia and the language would have
been used in both instances in the constitution.
Those who maintain that the words ncedfa rules and
gula,ions contain grant of power for general legislation
Territories, attempt to forfy this position by quoting
other clauses of the constitution, where the words provide
for" and 10 make rules foi the general law making
power This true, far those quotations last mention
ed arc concerned because these last quoted phrases
ployeI the eighth Of the first article Of the constu
on which those powers which Congress has
exclusive jurisdiction Their application to the general law
making power ia then, proper and correct If Congress pos
The exclusive right OF legislation Territories, why
Il embraced in this general schedule Of powers The
subject certainly Of sufficient importance to merit That
attention,