The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-21
TIL E q MON.


| Correspondence.
| For the Union.
| WASHINGTON, April 20, lS4s.
| DEAR SIR In pamphlet copy of speech of yours
in the House OF Representatives, upon the Oregon Terri
tonal bull observe reference TO remarks made BY
me in another place shortly before think you have fall
en- into a grave msconception OF my views
Your remarks would seem TO attribute to me the
ton for Congress OF unlimited authority in the Territories
of the Union In this you mstaken and the readers
of your speech Will be exposed to similar error in
sequence OF a material omission in the quotation you
make from mean omission which gives total misdi-
say " 1t asserts that Congress may govern the Terrific
ries," &c omttlng the important words with which the
sentence, IN fact begins, to wit: w these purposes,
and under these Limitations, Congress may govern the
Territories, &c. This imperfect quotation taken in
nexion with your remarks, would present me occupy
ing ground very remote from my true position, and
to the subject.
enclose the part of your Speech and of my own, ma
ieral 10 the point Although | am not named by you,
the extract you quote leaves doubt of your auson TO
Your friend and obedient servant,
! Hon JOHN GAYLE, of Alabama.
WASHINGTON, May s, 1913.
DEAR SIR; have received your note calling my at
the House OF Representatives the Oregon BILL to yours
previously delivered in the Senate, On the rights OF the
people of the United States in acquired territory You
appehend that the OMISSION in my quotation Of the first
words OF the sentence, may lead 10 mlsconceplon OF
your views and produce the impression that you
pied grounds very different from those commended Tor In
your speech.
This, think is impossible for your entire argument
was obviously intended to show that Congress- In its
legislation Tor the Territories, bound to guaranty to the
people OF the United States the right to purchase the pub
lie lands, and 10 cultivate them, they choose, by the
labor OF their slaves.
In referring to your Speech had but the single object
in view of presenting, in condensed and perspicuous
FORM the character of the acts of Congress- generally in
| relation 10 the Territories of the United States.
had design either to state your argument, or to
combat such, the positions it maintained. My pur-
pose TO assail the legislation of Congress, and to
prove that it was unauthorized by the constitution: We
both arrived at the conclusion but reached by
different processes.
did not designate you as the author of the speech,
and who has read could conjecture that
you alluded to- and certainly those who have ex-
amined it not liable to be msed in the slightest de-
gree
If, however, my remarks have produced erroneous
impression, this note hope will correct it,
am, dear sir, your friend and obedie n, servant
Hon D. L. YuLEE, Washington
Extracts accompanyng foregoing correspondence]
the SPEECH of Cor Gayle, delivered March rs o4o
To understand the extent of the authority egislae over
the people of the Territories claimed by Congress, we
passed on this subject, commencing with the ordinance Of
the Congress OF the confederation IN 1851 for the govern
Ohio river This together with all others passed since
that period institute territorial governments, based
jurisdiction over the Territories of the United States and
that their power TO egsae the people thereof be
exercised without Limitation These go further and
assert the principle that they have still exaord-
nary power delegate this authority govern and legis-
| late 10 individuals or bodies of individuals.
| The powers claimed for Congress on this subject
clearly expressed speech delivered time
the Senate and which has been published in pamphlet
form. The speech of ability evncng reflection,
deep thought, and great ingenuity. 1t that Soon
grcss may govern The Territories and may employ such
subordinate officers or agencies administer its mandates
as may seem best 1t may invest the whole functions
of the government within the Territories in
several-n governor, governor and judges, gov
erno judges, and legislative assemblies 1t may establish
military rule, may adopt agency, modelled into the
fashion OF a civil government
Any one who will take the trouble to look through the
OF Congress before referred TO- VIII perceive that all
the orns of government and the agencies mentioned In
the above extract have been occasionally estapshed IN
the Ierfiories
From Mr. Ydte's remarks, made february IA, l84S.
The peope of the United States then in their fedeative
and with il the jurisdiction and complete right of legsa
ton over The ac1aired territory AS coeuuai owners the
United States are coeoua soye reipn over it. and thew can
use IL govern it, or dispose of it. through their common
agent Without any other restraint than results from their
nect 10 other thew stand az the ercsive owners
and soverepns of the territory In respect to each other
| conederated IN a united government
1t is mmateral from What source we derive the power
o Compress 10 act as the common agent in the poye rnment
of the territory OF the United States Whether this power
he attributed 10 express grant under the clause of the fourth
article which empowers Congress to snake all needul
rules and cyulaons respecting the territory and other
pro perry longing tue United States authority
&