Weekly national intelligencer., 1848-08-12
SPEECH OF Nh. DAVIS,
On the Bill TO establish a Territorial Government
in Oregon.
In srsArr-sAruRpAr JuLr 8, is4s.

X.
In SSESArE-SAruRDAr, JULY 8, ls4s.
The Senate having under consideration the bill to establish
the Territorial Government Of Oregon
Mr. DAVIS. Of Massachusetts,, said The question now
under consideration the discussion of which has been
greatly deprecated this body But 1t now seems TO be the
pleasure Of who have hitherto opposed discussions OF
his kind al the subject should be subjected examination
and that il should be determined before the adjournment Of
this Congress In this desire fully concur and, indeed
for my own part never felt any inclination TO shun an ex-
animation of this subject While gentlemen the other
side discuss il with ankness and with freedom trust that
they will no, complain Of who belong to the free States
and who supposed in respects to represent differ
ent sentiment express views with the degree
of ankness Several questions OF considerable importance
arisen this matter and amongst others OF consi
tuona power am therefore, constrained to notice that
branch Of the argument which would otherwise have pass
ed over and confined myself TO points which deem OF higher
interest.
has contended by various Senators upon this floor
by all the gentlemen believe who represent slave States that
have entered into this dscussonhat the constitution gives
the United States power saveryihat II Is sub
jec intangible by virtue of any authority contained in that in
srument in ohsr words that Congress has no power to
ate slavery Territory, exngush il if it already there
exists will read the clause OF the constitution bearing upon
this subject which will be found at the twentieth page Of
Hckeys edition. The language Of the institution is this
The Congress shall have power dispose Of and make all
needu rules and regulations respecting territory other
perty belonging to the United States.
This is a the power conferred by the constitution
rtoy It has been argued that gives only power
property that gives sovereignty over the territory that
it confers authority upon Congress to CONTROL rue
territory by constitutional power In aid OF this argument
it urged with degree Of force confess that when
trainers of the constitution made provision for the territory in
which the Government should be located wit the District
of Columbia, they there used quite different phraeology
giving Congress the exclusive jurisdiction such terri
tory 1t is said that if ii had been intended to give Con-
gress like power and authority other territory would
have been expressed and the inference is drawn from that
constitution, that there purpose the OF the fra
of that instrument to give to Congress any power OF
government the territories of the United States ad
init that the language Of the constitution vors this consiruc
ton and believe that the Supreme Court itself has decided
that the language which have read has direct app
cation property than to sovereignty Il seems them that
persons suppose that there IN the
stuion that the trainers OF that instrument made no prov
sion for the of territory apprehend that this is
total misappehenson of the subject and to the
facts connected with the history of the constitution, shall
find that At the time of the formation Of the const
tuition the United States possessed territory Let what
state of things existed then with the
formation of the constitution, little anecedent it this
territorial question and what done by the old Con-
federation They passed the celebrated ordinance of 1887
And what that 1t substantially form of govern
containing within itself all the essential elements of
bill Of rghwith provisions for the exercise of legislative and
Judicial powerevery thing, in fact necessary to the COM
plete covert ment of the territory. This ordnance from its
and character is much organic aw-as much
regulation the constitution ITSELF Such
the of things when the Convention assembled frame
the constitution What did they find upon the face of the
ordinance What have already staed-an authority to
tabsh government the specific form and character OF which
prescribed in the ordinance They found moreover,
that the whole subject had been discussed in the Congress of
the Confederation including the great question touching s
They found that only the then existing Of
things considered but that future had been penerat
ed and that had been deermnedby what steps is
necessary for detahat slavery should be excu
ded from all the territory embraced within the limits of the
treaty Of 49, lying north and of the Ohio Nay
they further They decided in that ordinance that when
that country should be filed with population less than
three than five States should be carved Of
be eventually introduced members Of this Union All that
settled harmoniousy: Not only all right given up by
the several States who claimed in this territory
this concession Of the perpetual exclusion Of slavery also
made. II act Of great deberation. The question
examined in all its aspects, and throughout duly consd
cred. The Convention which framed the constitution had the
ordinance fresh before them 1t embraced all the territory
within the limits Of the Of l7s3 within the limits
Of the States which the United unques
toned title They established afterwards know, territory
the Mississippi, but there conflicting claims of Geor
ga an1 established subject by agreement to these
claims. This all the territory that the United States
that time possessed Il very plain then, that ample prov
sion made for the government and that
oissus, but provided for in the ordinance The Con-
venon not only regarded that ordinance which they left
touched but they looked into the whole These
had vision that reached into the future They the
condition in which this country would probably be this very
day, provided remained within the limits Of the treaty
l7s3 The discussion proceeded upon that view. The idea
Of obtaining territory had then entered into the mind
of any The thought Of conquerng purchasing
reigntes dreamed Of that day Il is remaka-
bic, then that provision made for such
They made constitution to the territory which they
owned and nothing e and that territory circumscbed by
the limits OF the treaty Of 1888.
When the trainers Of the constitution providing for
appoonment Of the political power among all the States
what did they see They that in me-and probably
be time much sooner than they apprehended-there
would be five States upon this Northwestern territory and
lso that in all humanprobabily the District Of Maine then
eonging Massachusetts, would be separated from it, and
m another member Of this Union. II in vain to say that
question then between free and slave States Il is
say that that question not gravely considered
that body. They only that there States
come in from what might be denominaed the free ter
tory, but that there a number in eventually
the slave territory. Kentucky to in by d.
sion Of Virginia North Carolina to he divided and
ennessee introduced.
This happened very soon, foeseen II also
that Mississippi and Alabama were, at remote
y, enter the Union sovereignes When they should
me, and the other portions Of the country be filed with po
laon the relative power adjusted by the trainers Of the
lsituon would be slave fourteen free States This
the chart by which the convention guided. The
npromise Of the constitution made with that state OF
ngs standing out unmssksbly before every man-pefect
comprehensive and perfectly well understood.
Vow contend, and think with great Justice that the
ons which made at that time by the free States and
all, the great concession Of political power which
-. a.