The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-24
SPEECH OF HON. REVEHDY JOHNSON,
or MARYLAND,
nm THE PROPOSED COMPROMISE BILL
In SENATE, July II, 1915.

!
Mr. JOHNSON said;
NJ PREsmksr IL the amendment which proposed
,u the Senate adjourned yesterday make two of the
ious of this bill, be adopted, it will be found equally
.,ssary TO amend two other sections. The first TWEEN
~ econs of the bill refer altogether the territory OF
1rgon and from the tweny-frst to the forty-second il
7s exclusively California. The remaining part of the
I'M applies the Territory of New Mexico. The amend
men which suggt sted yesterday was intended to apply
the wentyhfth and twenty sections of the BILL and
eourse applied only TO that part Of the bill which relates
"a California The which induced me to offer this
amendment, induces me now to give notice that shall
I,6re sit down, propose amend in the way the
Gyfrst section of the bill 1t is very possible sir that
me praseoogy of the amendment may be Objectionable
same of the friends Of the BILL inclined to think that
mere would be objection to it, and have prepared
smsndment therefore, that will accomplish the same pur-
pose feren; form, and get clear Of the objection The
amendment now proposed gives to the Supreme Court
Of the United States authority to hold jurisdiction in all
questions relative to slave property, which may be decided
the below, without reference to the value Of that
property had intended to propose, and perhaps may
hereafter propose, this as a substitute for my original
amendment 1t will be found, think, effect the game
object not, will adhere to the first amendment. cam
mol agree give the bill my support, unless am satisfied
the question be brought before the Supreme Court
for decision.
Now, SIR avaing myself of the kind indulgence of the
Senate adjouning last evening in order give
opportunity of being heard upon the bill, propose begin
nqurng what the bill u.s. assuming as shall do, for the
purpose Of the inquiry that it does provide for appeal
The Supreme Court efecually The first twenty sections
relate exclusively to the territory of Oregon and its nhab
anis the succeeding seven sections relate exclusively to
the Territory of California and its inhabitants the remain
g portion of the bill refers with equal cxcusvenes the
Territory Of New Mexico and its inhabitants There is
now aware, organized government in the Ter
oy Oregon composed of citizens of the United States
who have become residents of that country already under
the protection of the constitution of the United States They
have legislative assembly, and that legislative assembly
exercised Legislative power and, far deemed
necessary and within the authority which they possessed
they have performed all the functions Of government
No such state of things exists in either of the other Terri
There are very few citizens of the United States in
California; there are none worth mentioning, there be any,
the Territory Of New Mexico The population in both
territories is completely alien to the United States.
They have but recently among u.s. and that by force
and effect of treaty made without their individual col
eive except far that is be implied
from the of the government of Mexico, of which they
constituted part They strangers to institutions,
composed of almost every variety opopulaon and not
condition personally if they within the limits of
the older Sates to exercise any of the rights of sovereignty
With reference to these classes of population which
have Incorporated into Union propose TO govern
them exclusively for time, in the mode in which the
northwestern territory originally governed What that
mode is familiar to every Senator We place the exc
cue power of the government in governor and council
the legislative power in the body, the judiciary power
judiciary to be appointed under the provisions of this
So far the legislative power Of the government Of
these territories ia concerned, it will be that they
competent pass all laws upon all subjects fit for egs-
under the constitution of the United States all laws
any Legislative body within the United States pass,
wh five exceptions Four of those exceptions it
ay particularze the fifth is the which is mate
rial this debate They liberty, the bill have
doubt intended to say and would say perhaps, it
pass in its present shape and its friends have no
doubt will agree the amendment which offered yesterday,
render in that respect specific they not at ber
W by any legislation of their own to establish or prohibit
slavery. With this exception and with four others which
material to be inquired into, because they have
nothing with the question before the Senate the whole
legislative power of the government subject only to such
restrictions the constitution imposes upon State govern
mens be found in this territorial government, with
this qualification applicable to all their iegislaon-that
whatever laws they shall pass following in that respect
the ordinance of 1887 to be reported to tho Congress
of the United States, and to be void IT the Congress OF
the United States disapproves them not that they are
10 be valid # the Congress approvesbut beginning il,
validity, to speak, to continues to remain valid until
the subsequent contingency happens that the Congress
Of the United States, by some legislative act OF ita
own disapproyes of the particular law which this local
legislature may have adopted SO much Tor It's Legislative
power The judiciary power which IS vested IN ITS terri
possessed by the circuit of the United States
indeed than cocxtenslve because they are clothed
with both equitable and law jurisdiction, the circuit
of the United States having common law as such
until shall have been recognised by act of Congress The
Jurisdiction with which the territorial courts are clothed ID
risdcton addition to this, all cases that necessa-
ry arise at law and which are not prohibited by
the constitution of the United States The Judicial power
them coextensve with every possible emergency that
arise The writ of habea corpus which the honorable
senator from Ohio Mr. CoRwIN proposes to give to the
issue will be the local tribunal according to the terms
Of this very bill. Now, sir, such is the Judicial power
which conferred and such the legislative power 1t was
asked by the senator from Maine, Mr. HAMLiN a few
days ago and since by the senator from Connecticut
BALDWIN and the amendment offered by him, upon
which the Senate has acted offered with view to test
the of the Senate that respectt has been asked
why that these three Territories included in
BILL The very obvious, sir. There sub
]ect about which there radical difference of opinion
applicable each of these Territories. That subject
was the existence of the power the part of Con-
sreas of prohibiting the introduction of slavery into the
terrtores and if the power existed the expcdency of
sorting it,
AS question Of power, it common to the Oregon
Territory to California New Mexico, and the objec
that the Senate had in view in sending the matter to the
cal committee, which constituted for the very purpose
ofenabling get of the difficulty growing
this radical difference of opinion between senators the
subject, was 10 adopt some plan by which 1t would bt
peacefully avoided To accomplish any such plan was
necessary that the subject should be ebraced bill
Tor the South could be expected crafty the North by
Welding 10 them the question relating to Oregon, ant
then afterwards to leave the power of the North
Toi 1t IN regard to California and New Mexico 1t would
nave been unreasonable of the free States to have
demanded 1T would have been folly in senators who diff
Ter with them to have granted it. There both sides
Of The chamber-and Notwithstanding the excitement tina
nov prevails believe there is throughout the country,
VIII be before onga sincere desire that ths agtatng ques
on shall be settled peacefully if possible. The country
not nov for the first involved in -our institution
nave once before been threatened with destruction by it
inee was not in any part Of the Union who, when
.ne SUBJECT was before agIating the community did MOI
emo for the safety of constitutional form of
inen' There Is no man in the country now, who de-
serves TO live IN 1t, who must not feel deep soic
'uue 10 bring about amcable adjustment There
may De spirits among who prefer the agitation the
|ah-he commotlon and horrors of dsunion the peace
u qnetness, and happiness and glory OF the Unon
ho acting upon that preference, will do all that they
keep up the agitation. But there quiet and homes