The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-08-02
MR. CALHOUN'S SPEECH ON THE
,s,Fs OREGON BILL.


MR.. CALHOUNS SPEECH ON THE
,s,es OREGON BILL.
US. Senate, Tuesday, June 9Th, ls4s.
CONCLUDED.
II have, trust, established beyond contro-
versy. that neither the ordinance OF 1857,
nor the Missouri compromise, nor the Precc-
dents growing Out of them, nor The authority
If Mr.. Jefferson, furnishes any evidence
whatever 10 prove that Congress possesses
the power over the territory, claimed by
those who advocate the l2lh section OF this
hill. Bit admit. for the sake of argument,
,ha, / am mistaken, and that the objections
/ have urged against them are groundess-
give them all the force which can bc claimed
for preccden,s-and they would not have
the weight of feather against the strong
presumption which ]. at the outset OF my
remarks, showed to be opposed 10 The exist
encc of the power. Precedents, even IN a
court of Justice, can have but little weight,
except where the law is doubtful, and should
have little in a dcllberaiive body in any case
OF, a constitutional question, and none, where
the power to which it has been attempted
10 traceit docs not exist, as have shown |
trust, 40 he the case in this instance.
Bill whileI-deny that the clause relating
30 The territory and other property OF The
United States. con(ers any governmental, or
tina, Congress possesses absolute power over
the, territories, ] by N" means deny that IT
has auy power over them. Suc! denial
would he idle on any occasion, but much
more SO On this, when we arc engaged IN
constituting territorial government. without
any, 7objertion being whispered from any
quarter against our right 10 d' SD. Ii there
Ise anv Senator of that opinion, nc ought al
once TO rise ani move To lay thc.h'll on The
fable. or to dispose of it in some other way,
so as To prevent the waste of time on sub
iecf upon which we have no right t" act
Assuming. then, that we possess the p'wer'
the Only questions that remain are.wlence
is il derivcdl aud what is its extent!
AS to It's origin. | concur in the opinion
expressed bv Chief Justice Marshall, in one
ofibc cases read by The Sen llor from New
York. that it is derived from The right OF ac-
ouiring territory; and am the more thor.
ouphly confirmed in ii. from the fact that
entertained the opinion ! ng before ] knew
il 10 be his. As 10 the right of acquiring
territory, agree with The Senator from New
York. that il is embraced, without going fur
,her. both in the war and treaty powers.
Admitting, then, wha, has never been DEM
ed, and what it would be idle to do 81 in
DISCUSSION which relates to territories acq'l-
red both bv war and treaties, that the Un'-
ted States have the right to acquire terr't"-
ries, il would seem 10 follow by necessary
consequence. That they have the right to gov
ern them. As they possess the entire right
of soil, dominion, and sovereignty over them
thcy must necessarily carry with them the
rich, to govern. But this government. as
the sole agent and representative nt the U.
Siates-that is. the States of the Union IN
their federal character must, As such. pos
sess the sole right if it exist at all. But It
there be any onc disposed to take dlfferen;
view Of tho origin of the power, shall take
no points with him, for whatever may be IT'S
origin, the conclusion would be the same, az
shall presently show.
But j, would be great error to conclude
that Congress has the absolute power OF go
verning the territories, because 1t has the
sole or exclusive power. The reverse IS the
case. II is subject To many and important
restrictions and conditions, of which some
arc expressed and others implied. Among
the former may be classed all the general
and absolute prohibitions of the Constitution,
fiat. .is. all those which prohibit the exercise
Of certain powers under any circumstance.
In this class is included the prohibition oi
granting titles of nobility; passing er post
facto laws and bills Of allalndcr; the susPen
SION of the writ of heabes corpus, except IN
certain cases; making laws respecting the
establishment Of religion, or prohibiting ITS
free exercise; and every other Of like des-
crip.ion, which conclusively shows that the
power Of Congress over the territories is not
absolute. Indeed, il is great error to sup
nose. that either this or the Slate g,vern-
,nenis possess in any case absolute power.
Such power can belong only to the supreme
nhimate power called sovereignty, and that
in our system, resides in the people of the
.everal States Of the Union. With us. gov
crnments, bnlh federal and States, are but
AGENTS, or, mure properly. trustees, and as
.s.ch nossess, mt absolute, but subordinate
and limited powers; for all powers possessed
~ suci, governments must from their nature
be trust powers, and subject 10 all the re-
ar;ctions to which that class Of powers are
Among them. they are restricted to tho
nature and the objects Of tho trust: and hence