Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-04-01
OREGON TERRITORY.
HOUSE OF REPRESENTATIVES, %, ls4s

4
several additional sections reported by the Committee
| Commerce.
Mr.. WICK moved amend the first section by inserting
after the words west OF the summit of tho Rocky Noun
tains the words north of the 42d degree of north lati-
tude."
Mr. GAYLE then moved to amend the bill by striking
he first section.
Having made this notion Mr.. GAYLE left his seat and
assembled the tribune Tor in humber phrase placed himself
the Clerks table and having there made some preliminary
remarks touching the which induced him take this
position viz the comparative of being heard in all
parts of the House. ne said he had propose to the commit
Tee compromise The written speech he held in his hand
would occupy about forty minutes in the delivery and if the
members of the House content to give him their quiet
attention for that length of me he would conne himself
his manuscript; but II not he must lay aside his written
speech and address them without it, in which he should
claim TO occupy his full hour.
Laughter, and cries OF "Agreed, agreed
Mr. GAYLE Then It is bargain but as soon as you be-
come restless shall consider that breach of the agree
ment, and lay down my manuscript.
Apparently glad CT such terms the members all took their
seats and observed very edng silence during the entire
time Mr. GAYLE reading the following argument
The position shall and attempt to maintain is,
that Congress has power organize what called terri
toria government, by ordinance otherwise has Con-
gess the power to pass laws for the people Of the territories Of
the United States.
have to encounter at the threshold objection of
intrinsic weight but not the less formidable that
1t has been the practice of the Government from early
PERIOD pass these laws Indeed all the territories which
have been admitted into the Union States have been gov
erned either remotely directly by the laws of the United
States will be urged that this practice, that these ptece
Dents Of too long standing frequent and well
tablshed to be now questioned.
Precedsnts of great authority in the English Parliament
They considered forming the settled law Of that body
but in this country they of themselves influence
when they in conflict with the constitutions they
in any degree assist in leading the mind nterpre
tation of that instrument precedent contains reasoning
argument II is only conclusion settled upon by those
who desire to establish il.
This presidential doctrine is the pecous and dan
gerous that has been introduced into the deliberations of
Congress and if the which is manifested for be
not DIMINISHED it will change the form Of Government
Look sir for moment at the interpretations has already
introduced into the constitution 1t has given the Pfes-
dent the power to capcouy dismiss from office citizen
however capable honest and trustworthy. It has given to
that funcioy the power to control the public money in de-
hance OF public law. II has given to him the right mnge
in the debates of Congress- and by way of pre-emnence his
speeches placed the journal and printed the public
expense 1t has given him the power reproach Congress
for any resolution they adopt to check and restrain him
in his usupaons of 1t has given Congress the power
TO expunge, erase, and destroy the journals of its pro-
ceedngs And now sir at this session, is sought to
tabh precedent that will confer the President the
to make and to select the theatre for the opera
tons OF our armies contrary the will and directions Of Con-
gess. Now sir these Innovations practically parts of
the constitution and unless the right to question them be
recognised, they will forever remain
curious and remarkable fact that most Of these
by that great party country who claim be the excu
sive champions of the constitution, and par excellence the
exclusive advocates of strict construction of that instrument
When they assaed fragrant violations Of the constu
ton they defended pecedents usages of the Gov
eminent well established be questioned But this
pec this pous venaaon for pecedent evaporate at once
when they interfere with the and wishes Of the party
The Bank Of the United States and the system for the poec
ton of American industry co-eva with the Government
They have different periods been advocated by all parties
and by the most eminent statesmen in America The friends
of these establishments do seek sustain them by appeal
ing to the doctrine of usage and pecedents but by demon
straing that they clearly authorized by the constitution
and demanded by the best of the country But
Gent and weestabshed they claiming they do all
the consideration and weight any, which be given
them by the uniform practice of the Government yet they
have been condemned and destroyed by that party or time
only hope) being unauthorized BY the constitution
To understand the extent Of the authority legsate
the people of the Territories, claimed by Congress- need
only to refer to the various which have been passed
this subject commencing with the ordinance Of the Congress
OF the Confederation in 1887 for the Of the
tory of the United States northwest of the Ohio river This
act together with all others passed since that period ns
tue territorial governments, based the ground that
Congress has full absolute, and exclusive jurisdiction the
territories of the United States and that their power le
gae for the people thereof be exercised without mta
ton These go further and the principle that they
the still extraordinary power delegate this
thorty TO govern and legsae to individuals bodies Of in
dviduals.
The powers claimed for Congress this subject are clearly
expressed in speech delivered time since in the Senate
and which has been published in pamphlet FORM The speech
of ability, evincing reflection, deep thought and great
ingenuity II that Congress may govern the terri
tories and may employ such subordinate officers agencies
TO administer its mandates may 10 it best II may
invest the whole functions Of the government within the
rtoes in severa-n governor or governor and
judges, governor judges and legislative assemblies 1t
may establish military rule may adopt agency, model
led into the fashion Of civil government"
Any who will take the trouble to look through the acts
OF Congress before referred TO will perceive that all the forms
OF government and the agencies mentioned in the above
tract have been occasionally established in the territories
II must be admitted that il Congress have any power what
to give laws the people OF territory, they possess il
to the extent here conended for and that extent they
do not possess il at ALL maintain the latter branch Of the
proposition that that Congress has constitutional right
to egsate for the people of the Territories Of the United
States found the views shall offer 10 the committee
the character OF the constitution, and on those rules Of con-
sucton which have been acknowledged and acquesed in by
all parties and at all times They the following
The Government is one Of limited powers and no power
be exercised unless has been expressly granted by the
constitution, be clearly implied from some expressly
granted power.
The powers delegated the United States by the con-
stuon prohibited by to the States are the
States respectively, to the people.
Whenever question arises concerning particular pow
the first question is whether the power be expressed in
the constitution II be, the question decided II il be
not expressed the next inquiry be- is incl
dent expressed power aud necessary execution II
il be- may be exercised by Congress III be not Congress
cannot exercise it,
"a power be incidental must not be exercised for
that make II principal and substantive power independent Of
the principal power to which is an incident"