The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-01
.pEEOu or HON. JAmEs d. wEsTOorr, Jr.

In The
y,av Is4s on the "Ieritorial bA," reported by the
seIeet committee of the Senate.
IReponed by Senate ste9osraphsr w Leedsr]
Mr. PRESIDENT shall avoid going into full discus
sion OF many OF the questions arising upon this bill
Those which have been heretofore debated by other
senators shall not enter upon, any farther than is ne
cessary 10 explain my own views, some OF which are
little different from any yet advanced by any southern
With respect to the power claimed for Congress to
legisate TO a certain extent for territory acquired by
conquest or cession il has not far have heard,
been questioned in this chamber by any | have looked
the debates in Congress in 1920 and 1921, and do
not find that such limited power then questioned
Such power has been exercised by Congress, various
occasions since the adoption OF the constitution.
The character and extent OF the power of Congress
territories; whether it is absolute and arbitrary
restrained within certain limits and il limited what are the
Iesaints whether they found in provisions of the
federal compact between the States in the fundamental
principles of government-and how lar these resrc
lions extend, the subjects of inquiry
hold that the power Of Congress TO the government
extend beyond the establishment in them Of mere tempo
Tary municipal police regulations. Congress cannot
rghtully do than establish in such territory mu-
ncipal corporation partakng of the character of gov
enment pro and its power 10 do this arises
from the necessity OF the entirely 1t cannot right
fully attempt to exercise any OF the poloers OF sovereignty
which belong to the people OF such territory, uncaed ior
by such mpeous necessity, otherwise than for the con-
servaon Of the peace and the protection OF the personal
rights of property IN said Territory All the legislation
OF Congress should be ion the people OF such Territory
and except with reference to The disposal oil the pubc
lands post Offices from lmposts, and other sub
jects wholly of federal and urs ction it should
be for their erciue benefit The legislation of local
character should beyond that exercised by Congress
the Safes except where this overrulng necessity ex-
isis The only difference between the people OF Ter
Iory and the people of a State, with reference to the
power OF Congress over Them is, that whilst the former
remain under the o. congress
have taken upon themselves the exercise OF their in
heren rights of sovereignty, is the peculiar duty OF
Congress to protect defend and preserve those rights
from al lencrO IN so
of such people into the coneaeracy may be as equal
and Tree, sovereign, independent State No legis-
laton by Congress tending to etter or cripple those
rights 10 restrain them in advance, to dect their
exercise, or mould their institutions to suit the fancy
Of b portion Dsos Of h ep of the
to shape their fundamental laws to any standard or
in any degree beyond general conformity to the principles
of government as recognised IN the federal consltu
tion, can be justified.
Nor can The people of such Tentoryaud in using this
term mean only those recognised as cHi-ensg the UNI
sovereign powers that pertain to sovereign and lnde
pendent State, except such as are absolutely necessary
for the Of the peace and good order of
cey and the protection of the tights of property and Of
personal rights, by the adoption OF those local municipal
police regulations necessary in all communities To this
The Territorial legislation be restricted Until the
people form and organize their sovereign State govern
nent, their rights OF sovereignty dormant and in
allegiance No power exists to exercise such rights,
cept in OF everything necessity. The law of self
preservation is in all cases. and in all conditions of soce
government, paramount and overres the restraints
agreements and cOmaCtS
institutions and with reference to the people of Terrific
~, may allow in extreme Territorial government to
assume, temporarily, the exercise of sovereign powers;
but such only they be exercised BY such peo
pIe or by the Territorial government Congress cannot
Ifest with such sovereign powers Congress has no
such sovereign powers to delegate If exercised in the
supposed the right is not derived from any delega
lion by Congress- but it is founded exclusively the
law OF necessity
MIR. President, the views have advanced as to the
character OF Territorial government not entirely
novel, An honorable senator from Missouri [Mr. BEN
Toni in speech this floor in 1910, gave definition
of Territorial government which will read. 1t is in
my Judgment correct any that can be quoted II
will also refer to authorities from other dstn-
sushed sources. Mr. w. here read the extract re-
yoa create and a0o form called the s
Is mere temporary fugacous, local. police institute
limited, dependent, municipal corporation to
those existing in counties, cities, parishes, towns bo
Toughs, or townships incorporated by our State legsla
lures
Mr. President in the discussion here of the question as
10 the power of Congress to exclude the institution Ct do
mestc sevitude from territories acquired by tongues, or
cession to of the most important and fatal
been left untouched We have been debating as to our
rights-as to the rights OF the people of the slave
holding States, and OF the savehodng Staes-as the
constitutional privileges OF the citizens resident differ
ent sections of the Union with respect TO such terrific
RES but have lett out OF view altogether the rights OF
our fellow citizens residing who may reside in those
Territories We Jealous in defence of our oun rights
and interests; but hitherto, those OF the people of the
Territories have been without champion in either
SohsIees No voice IN tneiT
behalf, although. in my Judgment the true solution of oil
the questions that have been mooted will be arrived at
IN the consideration OF their gs and of duty and OF
course potCers with reference exclusively TO them
The truth may be reached by following different paths of
reasoning regard this the most direct and shortest
least ncumbered with distractions therefore purpose
pursuing before following any other 1t seems to me that
The discussion here to the policy that should be pur
sued with respect to Oregon, California and New Mex-
co, is an apt illustration OF that trait in human nature
exempfed in the fact that while all young people think
they have the right to marry according to their own
liking all old people insist they ought to marry accord
ing TO theirs. This trait, it would SEEM extends lis in
tuence even TO government The doctrine now ad
vanced of the lllimitable supreme, uncontrolled arb
tray power OF Congress TO egsaie for the people of the
distant territories of Oregon California, and New Next
CO, n all cases whatsoever" not The doctrine main
tanned by our foreatheTs in the youthful days of this
empire desire to present to the Senate and TO the
people Of this country uf the views then enter
iained--lhe principles they upheld-and TO maintain
which, they rebelled against their parent government 1t
is grateful it is refreshing, to to the principles
advanced by those apostles of political liberty The
influences OF sectional jealousy, the pary consider
atoms of party success should not blind us to disregard
of them They should be our landmarks. By adherng
10 them shall avoid many Sir, the principles
upon which attempted to Justify congressional legis
ation to exclude the institution of domestic servitude
recognised by the federal constitution-from our
distant colonies, identical with the principles
upon which the Tories Of the revolution of it's
sought to justify the attempted usurpaons by the
American colonies They are precisely identical Great
Britain claimed the rghfm potcer 10 iegisiae for The
colonies oil cnfsoeuer, and as inherent in the
paren, government hold in my hand two PAMPHLETS
written in l77l BY two of the abest men of that day
John adams of Boston, WING, and Jonathan SeroN Of