New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-06

Oregon beng under consideration,
Nj. Din said NJ President: During the Presen'
session o. Congress. propositions have been repeat
edly introduced INTO the Senate involving the ques'
lion of slavery have abstaiued from all partci'
nation i'm the discussions % which they have gwen
use beceusc COZ sidered them as abstract prOpo-
s,tious having no direct practical bearing or eHect
Tie measure before MS is Of different character
Ii copteuulates an act of legislation Il proposes
law containing provisions % De enforced an" %
control the inhabitants of district Oh country more
than iyyo hundred thousand square miles ln extent
Nv this act we are literally laying The foundations
of a future empire. IN Is subject eminently prac
teal and therefore ] speak. -
Tie Questions % which the discussion Of the bill
has loyeu rise, are of the highest moment. They
concern the power of Congress over the territory
belonging 10 the United states and especially in respect
10 slavery in such territory. Nor is this ALL They IN
vove not only the authority Of Congress under the Con
stution % regulate the domestic concerns OF the per
sons nhabitng or occupying the public DOMAIN Deyone
the limits OF the States but they may Affect Tor an IN
definite period the social and political condition OF en-
tire communities. They may vitality concern the pros
penty OF the future millions who are TO nil the valleys
and cover the hills of Oregon and II IL due 70 the mag
pude Of the subject that should be discussed with
calmness and without aspery either Of ieehng OF Of
language Conducted in such spirit discussion, even
II n were unnecessary could not do harm, however
widely we may differ however delicate the questions
with which it has deal Indeed it is always possbl,
the very conflict Of opinion may strike out light and
truth aud furnish basis for anicable adjustment Of
differences which would Otherwise nave Dlch ItctWh-
cilablc Il may be a vain hope 10 expect 70 harmonic
hose who now so wide apart but u II prove oe
usion II may nevertheless be profitable 10 indulge H. IL
may al least moderate the tone OF discussion
In the of the debate on TINS and Other kndred
lopes various propositions have been advanced ana
they have been sustained with distinguished AFFINITY.
Some OF these propositions are ropeOhs Vi uC same
General assumption under different phases For in
stance. IL mas been assumed that the citizens OIL any
Stale in the Union have night 10 go INTO any territory
belonging 20 the United States and take with them
whatever is recognized property By the local law o
the State from which they migrate. II il also assumed
that the inhabitants Of territory cannot by any legs
hlivc enactment prevent the citizens oil any state IN
the Union from coming into the territory win whel
ever the local law Of such state recognizes az property
These are little else than verbal notifications OF the
same proposition or at least the one is necessary
consequence of the other On the other hand, u d
conendcd that the inhabitants of territory belonging
10 the United states have inherent right TO regulate
their own domestic concerns for themselves Wherever
the jurisdiction of the soil they inhab may reside ana
without being overruied by the sovereign PoAlcal
POWER, 10 which they are subordinate.
There IL question which lies beyond all these prOpo
ti0ns and which II IL be satisfactorily answered
must be decisive of them ALL because il includes them
an Has Congress the right under the Constitution, 10
er.ae for the territory OF the United States organize
Governments for the inhabitants residing IN such ter
rtory, and regulate within il all matters OF local and
domestic concern believe this question can be sat
ssctOrily answered in the affirmative That the power
this unlimited extent can be sustHincd-lst. by co
tempOraneous exposition of the meaning OF the Con
statiOn and the intention of its trainers I'd, by Iu
dca Interpretation and 3D. by the whole practice Of
the Government from its foundation to the present
day.
This Is the fundamental question propose first 70
discuss shall lay aside all consideration OF subordi
nate propositions These necessarily fall II the other
can be established My purpose il 70 attempt % estah
hh i, and in all have to say shall endeaVor TO be
strictly argumentative. ,
The power OF regulating all matters concerning the
public dOmsn think may fairly be considered ne
cesssry incident TO the power OF acquiring territory
and this not only in respect TO the disposition whch
may be made of the naked SOIL as 1t has been denoin
Led but in respect to the classes OF persons VINO are
permitted 10 occupy IT, and the conditions OF the Occu
patton consider this unrestricted powera as an insepa
liable incident OF sovereignty to be exercised by the u
peme authority otthe organized community or STATE
which II liies The power OF acquisition is ltstu uh
restricted by the terms OF our social compact so far a.
The objects of acquisition are concerned. It's nciden
tai also. j, derived from the power OF making war
and treaucs and the limits TO the exercise OF these
powers are TO be found in fundamental rules and prn
cpes applicable 10 all organized societies.
But DO not, for the purposes OF my argument place
the power on this ground assign TO It an origin less
likely, think, 20 be questioned. ! place il on that
provision OF the Constitution which gives Congress
power 10 dispose of and make all needul rules and
regulations respecting the territory OF other property
belonging 10 the United States
am aware that this clause Of the Constitution has
recently received construction which confines the &C
ton OF the Government in respect 10 the public domain
10 the narrowest possible imts-a construction which
leaves 10 Congress the right 10 regulate the mode
In which the public land shall be surveyed brought into
market and sold without any power 20 regulate the
political municipal affairs OF those who settle up0nt
while they acquiring the requisites usually eNacted
conditions of their admission into the Union. Im-
construction ubversivc of every idea of sovereignty
10 the state the word in its largest sense) as the
OF the soil II reduces the Government OF the
United States 20 the condition OF mere individual pro
preor OF land without single attribute OF political
power. Such consequence could never have been
contemplated by the trainers of the Constitution as Ike
~ ~ be drawn from the clause In question On the con
ury, am satisfied they regardedit comforting pow
ef Of the most penary nature ! shall endeaVor 10
make this apparent 10 the Senate and in doing so, II
viii be necessary look the history OF the clause OF
the Constitution referred TO.
On the 18th Of August, l,57 Mr. Madison introduced
into the Federal Convention, then engaged IN framing
he Constitution series OF propositions in order 20 De
referred 10 the Committee of Detail Among them We're
these; To authorize Congress
SAFES.
ITO institute temporary Government for new States ars-
On the 21d Of August Mr. Ruiledge from the Com.
Inttce OF Detail. made partial report on Mr. Madi.
sons propositions, and on others submitted by Mr.
fnckncy on the sOth Mr.. Msdson's propositions,
above quoted. providing for the disposal of the unap
propraied lands and the institution vi temporary GOV
Onmenis for States arising therein were not re.
ported by the committee. But on The seth Of August
Ar GOuyerncur Morris introduced the clause respect
g the territory belonging 70 the United States which
Nh few ilnrnateral verbal alterations Is now part
the Constitution. After Mr.. Luther Martin had oer
"a an amendment which was rejected, the clause was
ldopied Maryland alone dissenting
may not distinctly appear al first gisnco what M
Madison desg ncd by the institution OF temporary gov
ernments for new States arising within the unap
vropraied lands II might be supposed that he intond
"a to provide Tor their temporary government as state
aner their erection or formation. But those who ar
ani!lar with the parliamentary phrsscooSy OF ma
lay VIII have doubt that tie term states was Nseo a
se now employ the term TcrrtOres
But be this o or not il is certainly not iar TO say a.
ks been said 'h shared the fate OF the pr0pOsuoi
confer upon Congress the power TO grant charters
acorpors,on 10 establish university, and 70 constTuc
finals. Sc These propositions were distinctly pre-
tented To Congress. and formally and decisivciy mega
tied BY direct recorded vote as may be seen ny re
sfing 10 the proceedings OF the Convention on 'h'
IN u September.
twas not 50 with Mr. Madsons proposition IN re
Yect TO the unappropraed lands OF the United states
he ost that can be said is ,hst the Committee wes'
~ IN favor OF il in its original form. There was n'
,e,a On IL in that form in COnventon--no rejection
ne Proposition Of Mr.. Morris, which i now part o
ne Consutnuon maniiestly from rs terms as wei
Tie circumstances and the subectmsiter, intended
easubsttgie for H. IL was adopted almost without
Pposi'ion The power it Is construed 70 confer hS'
sea exercised from the earliest period in our history
me siten1on OF the Convention was distinctly draw
ne subject by Mr. Madison and It Is difficult 10 be
eve thai authority 80 general that OF making al
eaia rules and regulations" respecting the territory