The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-25

In SENATE, July "a, l5iS.
Mr. MILLER said: Mr.. President, desre briefly to ex
It provides for the establishment of Territorial govern
ments in Oregon, California, and New Mexico. The
which induced the committee to unite these three
Territories law have not been given 10 the Senate
And why Oregon is found in this strange connection, do
not understand Her history, her position, the character
OF her people, and their claim upon US for government
entirely different and disconnected from the two
other Territories, that cannot comprehend the propeiy
of this alliance.
Oregon naive Territory people are our people
with the same manners, customs, and language She
had claims for territorial government long before these
foreign provinces conquered by our arms. Calfor
MIA and New Mexico became ours on the 4th of July
people nhabtng these Territories do not know al this
hour that they are citizens Of The United States. The
character OF these people, and their feelings and DISPOSE
ton towards this government, are unknown TO u.s. We
have but little information to their local laws GUS
toms and OF the nature OF the soil and productions of the
country. All the information have is, that have
acquired many thousand square miles of territory, and
that this territory is Inhabited by mixed OF men,
ranging from the proud Spaniard down to the unaduera
ted negro but IN what proportion they exist there and
What are their relative rights, altogether ignorant
Now, SIR am not prepared, nor do think the country
prepared, TO say what kind OF political connexon We
ought to form with these strange people. Are
prepared TO say that the government proposed in this BILL
which places all the power, legislative, judicial and ex
scuuye, IN the hands OF the same men-unng the three
branches OF government in one bodyis the proper form
OF to train these people in the ways OF our
republican institutions
IT understand this BILL authorizes the Judges and
governor, with the aid of the secretary to make the
laws, and then to construe and execute them This is
strange form of government Ii is neither republican,
democratic, theocratic, 1t triocracy-hree in
one. Now, although | am ready and willing to give to
Oregon proper government am not prepared to iegls
which have to this bill that it compels to legis
late for all or none Is this fair and just towards Ore
Mexican territores' Why should the free born be asso
ciated with the base. borni Why should the free terri
tory OF Oregon be joined with the conquered territory OF
o,t.. n
told that the laws and constitution of their country will
moi be extended over hem unless at the time and
in the same bill they be also extended the pebald
of subugaed Mexico! Is this part of the cOmpro-
misel Is it the understanding of the committee that the
claims Of these Territories upon US for government
the friends of Oregon look to it, another session of
Congress, may pass and Oregon still left without gov
eminent. did suppose that the friends of Oregon had
found out by this time that there danger in
these Mexican connexions. There was, believe sort
of understanding between Texas and Oregon that
they should come into the Union together; one slave
territory. and the other as free but owing mat
tention by not being put the bill, Texas got IN
first. and then shut to the door, and poor Oregon has
been knocking for entrance ever since and even now
she is told that she cannot come in unless she brings
with her two other Mexican slave territories.
But this bill IS presented to us as of compro
mse and IN that point OF view desire to examine it,
We all understand that the subject of compromise is
slavery IN the Territories named In looking into the
bill, find that the subject is named referred to in but
two sections OF the act Ia the twelfth section (Which
relates to Oregon is declared that the existing laws
in force in that Territory under the authority of the
Of shall continue be valid and operative therein until
three months after the meeting of the first territorial L.
gsature.
to be law prohibiting slavery in Oregon. This law,
them is continued in force for three months after the
meeting OF the iIst legislature and then will be abro;
leave Oregon without any law against slavery 1t is
true there is nothing in our bin pohibory of the right
IN the territorial Legislature TO pass other laws upon the
nd NAV do so arh; to thn
sanction of Congress- bat until they do pass such new
laws there will be no law. congressional territorial,
tyslxth section OF the bill, which provides for the egs
iatve power in California expressly prohibits the terri
sHa s from any law respecting
provision with regard to New Mexico. Thus, by the
prohibitions of this BILL New Mexico and California are
prohibited from passing any laws against the introduction
OF slavery into those Territories Neither is there any
reservation in the bill that Congress may hereafter act
directly upon that subject
to an abandonment of the power of Congress over the
subject Of slavery in California and New Mexico We
say in effect that we will not interfere by law although
we have the power to do to prohibit slavery but let it
go there and sustain itself if it can, under the constit
ton In order 10 understand what is that constitutes
the compromise proposed by this BILL it will be necessary
look at the matter in difference between us at the time
we referred the subject in dispute TO the committee The
question that divided the Senate, and upon which we
spent many days and much eoquence this whether
Congress had the constitutional power to prohibit slavery
in territory of the United States,
mere was also collateral question, whether, if we
had the power would be expedient it in the
case before us Upon the question of power I enter
tanned no doubt then now; and am well satisfied
that majority of this Senate were of the opinion that
Congress had ful power over the subject Congress had
frequently exercised the power in the Territories both
North and South and the Supreme Court had whenever
the question raised sanctioned our laws Yet the
Senate thought best TO raise committee upon this point
then thought and still think, there was nothing in the
question which could ought to compromise unless
we were prepared to yield up to qualify clear const
tutonal legislative power.
But, SIR, the committee was raised How have thew
disposed OF this questionable question of our power 10
prohibit slavery in the Terrtories The chairman of
the committee says that this bill neither airms nor de-
MES the power OF Congress egslae upon the subject
but leaves the question to be decided by the Supreme
Court II this be SO, we are just where started The
committee have done nothing towards settling the ques
ton in disputes they merely refer il the decision of
another tribunal But is the bill of that negative char
looking into its provisions find that it does exercise the
power OF Congress upon the subject of slavery 1t ex
ecises the power in Oregon by abrogatng the law now
in force there against slavery, three months after the
meeting OF the first Territorial legislature Ii also exer
cises the power in New Mexico and California by de-
clarng that laws shall be passed in those Territories
respecting slavery" This inhibition, of course pro-
hibis all laws against slavery. Thus, this BILL instead
OF neither affirming denying the power of Congress
sert J. openly and ehcieny and what is mere obiec-
tonabe exercises the power all in one direction and
that IS IN favor OF slavery. All laws in force in
Oregon are TO be abrogated While California and New
Mexico are deprived OF all power to pass laws respect
ing savery-stil more if this bill TO be considered as
compromise-Congress is also to refrain from passing
any law prohibitoy of slavery in either of those Terri,