The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-24


it from the power of Congress TO dispose OF and make
all needful and regulations resPscnng tbs territory
other property OF the United States has become 30 OBJ
vous in the course OF the discussion that few now con-
tend FORT The power in question 10 claimed generally,
now. incident to the power 81 acquiring and holding
territory. fT 9. SOD. ~ tl
Conceding the power to govern, to be accident to
the power acquire. the question still arises How the
acquired country to be governed. This depends upon
the character OF government of the country acquiring
Usually the government the acquwed country il asemi-
lated possible to the character Of the govern
ment of the nation acquiring. ns.t iiiia- " AL
newly acquired territory depends upon the charac
ter Of the inhabitants If the country acquired be vacant.
and becomes settled by American citizens, they have
the absolute right be governed according to the
fundamental principles of free institutions. Tho
ciuzens OF free government lose none Ct ahelr
rights by passing from one part OF It's territory 70
another. This is the precise ground taken by oar
Revolutionary ancestors. They maintained that they
shmen, the most important Of which was the right to
egslae for themselves in respect to their internal asrs,
through representatives exclusively elected by And re-
sponsible TO them. So dear was this right esteemed,
that, when it denied, they vindcaed it with their
fes blood and consecrated il the vital principle OF
our political system To make The responsibility OF the
real and to protect this fundamental prin-
cipe it essential that laws passed by him should OPP
crate exclusively upon those VINO nave inc PeaGoicai
powers between federal and State governments org
mated consequence Of which, the people OF the States
have the right to legisaie for themselves in rese. u
their internal affairs and 10 be exempt from congressional
legislation upon the subject of slavery. and every other
domestic matter II these principles are true; the powsr
the subject of their domestic policy cannot be sustained
fthe citizen OF State have the right to be exempt from
congressional legislation with respect to his internal al
fairs, and yet is not so if he removes to Territory. it
follows that he has lost by removal most important
rights and although he was exempt in his State from the
crave at all upon the majority which passed them YET,
by going to Territory, ne would be compelled to live
under laws, in the enactment OF which the precise por
tou of the people would be subject to them would
be the only portion which could have no hand
Concele therefore, the right Of Congress- 70 govern the
Territories; yet it is bound 10 govern them IN subordna
ton to the fundamental law Of political system.
der which the right of the citizen to legisate for HIMSELF
through representatives responsible those upon whom
the law 10 operate, is the most important and Of
which he cannot be ghtully Invested The practice OF
this government has been in accordance with .nese pfn
men,s for districts Principally psop!ed BY American cltl-
zens the exclusive power Of legislang within them,
orla legislature When therefore, gentlemen present
long Est OF acts of Congress establishing Territorial
governments every one OF which contains clauses Iecog
nising the tight of the people, far as American citizens
concerned, TO egsate Tor themselves, 30 f.r from
producing pecedents TO sustain their In favor
o. Inc rgh OF t ah,
The gentleman from South Carolina, [Mr. WooDwARD,1
in replying to my Argument in favor OF the right OF the
selves quotes from the 3S number OF the tedefasto
which had referred on another point, and says that
81 he NV
The House viii reeoeci that did not quote The Ian.
authority show that this Congress- sitting under the
constitution of the United States, has no authority to
for the Territories the ans
undertook show that, far from deserving them,
was itself the result Of usurpation OF the Congress
which passed it. And to sustain me on that point,
quoted Mr. Madison, where he said it was passed 'wlth
out the least color OF constitutional authority" But the
gentleman saysand others in the Senate and elsewhere
in replying to the same argument OF mine, nave said
that Mr.. Madison makes 1t argument Tor the new
constitutions that supplied the defects OF the old in this
respect and removed The necessity Tor usurpation He
upbra,ds the conduct OF those who stood BY and
Congress usup these powers under the old SYSTEM anu
yet raised great oucry because the same were made e
Ultimate in the new constitution"
The gentleman, this instance is not 80 precise in his
language is usual with him; and may be that do
tended that 'he constitution supplied the defects Of
the DID, in respect 10 its powers over the public lands
as " a great and Independent fund OF revenue. then
Il agree with him But if he means to say that Mr.
Madison admitted that it supplied in the new Con-
gress the want of authority IN the old 70 legslate or
the Territories in espec, to other matters shan me panc
the language of Mr. Madison sustaining any such posi-
ton, initiates most poinedly with it few woris
OF August Mr.. Madison submitted in the federal conven
tion order to be referred 10 the committee OF deta
among Others the following power as proper to De added
to those OF the general Legislature:
$40 dispose of the unappropria.ed lands of the United
$50 institute temporary governments for the States
arising therein" .M
The first branch OF this proposition virtually adopt
ed But the second not 1t is in reference 10 the
adoption of the first branch of the proposition to which
Mr. Madison REFERS and not the second. as 10 plain from
the language he In the number of the Federast
referred to, Mr. Madison is combating the objection
to the constitution growing out OF the extent OF
authority given by it Congress the public lands
as great and independent tnnd Of reuentN And 1t
is in that connection he the argument which the gen
tleman repeats and which quote trom his speech IN
the 3Slh No. of the Federalls abiding to the public
lands, Mr. Madison says: Aaoa y1E
Congress have assumed the administration Of this stock,
(he public lands Co grsss have undertaken 70 do more
ney have proceeded form SGatess tUinpo
rary appoint officers for them and pro-
conditions which such States shall DO admit
Confederacy All this has been doue, and with
ut he least color OF constitutional authority Vet no
been whispered; alarm has been sounded.
husds of single body Of (he old Couxressj vho
raise troops indfsite wsber awd appropriate money
their support for ndefms period Of time And yet
VINO have only been silent spectators OF
prospect but who the advocates of tho he
,oniedeation) which exhibits and, 1T the time,
urge against the the objections which we have
beard"
But suppose am wrong in this Admit that i be true
that the constitution confes upon Congress The right
" to institute temporary governments Tor the new otates
and this respect supplies the want OF such power IN
the old Congress; yet maintain i does moi Anect my
argument For still insist that, IN constructing such
government in nstuting such body-Pohhc, you are
constituonaly bound to construct 1t IN accorsnce with
the fundamental principles OF our system the most I'M
portan of which, that our ancestors went to war to
maintain is violated most fagrantly the claim Of the
power for Congress to leglslate Tor the Territories IN
respect to their domestic affairs. ~ rs s.less
from Suifh