The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-26
SPEECH OF HON MIR. HUNTER,
OF VIRGINIA,
ON THE OREGON TERRITORY BILL
In SENATE, jury IL, 1913


Mr.. PRESIDENT Nothing but sense of duty could con-
strain me to speak on subject which 1 approach with
great reluctance The topics involved nearly con-
heced with the family peace, that take pleasure in
their agitation and discussion But this debate has been
forced upon without any agency the part of the
South The Committee Territories introduced a bill re.
enacng law passed by the socaIed territorial govern
ment which expressly excludes slavery from Oregon The
Senator from New Hampshire offered what is called The
Wlmot Proviso, and, although it withdrawn for
time he has given notice that he would present it again
The whole discusson the part of the
Senator's has been of character press whatever was
most exciting and dangerous in this question upon the deep
and solemn consideration of the south They have all told
that the stakeholder to be excluded participating
benefits of settling territory by the common
blood and of all the States Of this confe
The free negro from our own States the aendcant th
pauper the eon who from the shores of Euone
may nhab but they exclude the son. if he be sa yehod
err of the whose bones bleaching on hs vsrv 90,
which he contributed to win, the ex pense of f hsv,
lost maintain the honor Of his country, arms Ths
Senator from Connecticut told as unde csood him thai
struggle for power, in winch die ma,orv must
govern and the minority must yield The Senator from
Vermont characterized the assertio Of an equal rgh On
the part of the havehodng Star s to settle and coon;zo
this common territory az an ar oSant preension Surely
sir, these things are hard to borne The am,l,es snn ~
of Sympathetic feeling mu 81 enable one to sec thar such
pnsions are AZ least calculated stir the blood of every
southern a" hs Air. shall discuss this question dis
pass'o"ay " .eve that truth is with us, and truth is
Always sronse ~hcn most calmly presented. IT, in the
course " M discussion, any rebeious feeling should
struggle 10, "terance will endeavor to keep it down: and
h; at any time prove too strong for my control
so & will be pardoned out of respect the sources
iv n" xhch the sentiment springs ..4 f.
DR. President this subject of the territories has been
snousy considered in the of the discussion which
has arisen upon it. But the main issues involved are in
whom or what body was reposed the govern them
Under what limitations is this power be exercised? and
what the rights Of the several States preserved
and protected in the administration of this power'
When remember the uniform of precedents upon
this SUBJECT am not little surprised that the anestion
should at this day oe mooed as to where is lodged the
power OF governing the Territories of the United States
Congress has invariably prescribed the fundamental ord
nance or quasi constitution of the territorial government
II mas introduced into these ordinances matters of mere
muhcpa re5ulaton such the of descents and
s'ouon and in some reserved itself expressly
e ght o. veolng the action of the territorial governments
IN aadh IN to THIS, has been universally conceded the
rSh the federal government ccde away the territory
wi overe'enty and jurisdiction, to foreign States Now,
major includes the minor, the power which pre-
scr oe constitution, and transfer the sovereignty and al
sance of the Territory and its people, surely include
he right of governing BOTH But of late the power has
been denied by some to Congress- because there
express grant OF 1t IN the constitution and aedged
TO he contrary to principle to imply it, Those who main
famed that the power expressly given the clause of
the constitution which provides that "Congress shall have
power to dispose of and make all needul rules and regua
IONS respecting the territory other property belonging to
the United States" were met by arguments my opinion,
convincing and sound agree with those who maintain
that the right to govern the territories is in Congress
but do not concur with Of them who attempt
derive it from this clause Upon that subject think the
of the Senator from South Carolina clear
eusve and demonsrative. shall not repeat ii only
because he has that branch of the subject but
cause would be unnecessary for the purposes of
ment as shall endeavor to show that the power matter
from whence is derived only be exercised under
TAIN limitations The power in my opinion, implied,
amongst other Sources has been well said from the right
oacquire territory If this right acquisition be implied
from the necessities of and peace of making
States which subject Congress has power this
y OF acquisition only exist account of end
be secured after is acquired To effect these purposes
and ends the Territory must be controlled and governed by
those who acquired the very necessities which justified
acquisition could be But there other
from which the implication is equally obvious There
two purposes for which the territory Of the United States
plainly destined by the constitutional will cay that they
are the only ends for which may be acquired but they
the only uses specified in that instrumental the dis
position OF the soil and the erection OF new States Now
The right of governing the Territory necessary to the eff
hcen exercise of both powers If the soil Is to De
sold and settled, must have the means of preventing
espasses and keeping the peace upon it, This right of
property vested the would be il they
were dependant upon any other authority than agency of
their own for the OF peace and order this
domain Counterfeers, horsehleves ugtives from JUS
ce might collect in bands upon this territory, and there
would exist no adequate power anywhere to restrain
claim hem unless the authority to do SO existed in Con-
gress Without this power could not guaranty to the
purchaser the of the public domain after he had
CURED it, and of course there would be demand for the soil
which we wished to SELL But there is another still
important purpose for which the territory of the United
States Is destined mean Its settlement and erection into
new States To train up these infant communities under
such institutions as may fit them to become members Of
coaederacy, is object of the highest Importance To
tam this great end, where could the power of governing be
go well lodged Congress- the common agent all the
oes For these purposes the maintenance of order and
peace In the infant community Indispensable and there
point of time in its existence when Congress- alone pos
sesses the physical force to do it, There then point
time when Congress must govern this Territory When
hdlvesed of this power? The constitution has specified
one and but one period When the infant community
rves at It's maority-when it strong enough
ne responsibilities of sovereignty, and State
into the confed racy Here three from which
the power of Congresso govern the Territory think
may be clearly implied. ! believe might others
But is said that power important be derived
congress by implication, and these gentlemen
most OF them maintain the existence of the power
qWre territory as implied from the war-makng treaty
making powers. fthey imply the right of acquiring
lory from some necessity for its surely they
further and imply the right Of controlling and making that
use OIL after 1t is acquired But are not gentlemen apply
ing strict rule OF construction fitting class of
another to which it not fully appropriate When IL
70 question as TO the distribution OF power the
'euera and State governments, then the implication be
c' ana necessary by which the former claim power
not expressly granted by the constitution. Here what is
hh ny the one subtracted from the other and this strict
rue as 70 necessary implication derived only from the
nature OF the parties 10 tho contract but from the
ems OF the instrument, which declares all powers moi
granted 10 be reserved But there class of arising
y oeng expressly given TO the federal government alone
ouSh are the powers of making and treaties; SUCH
% power OF acquiring territory for the States proh-
y slmpied - II
mere the rule of construction this mpca-
% heeu not be necessary but under certain limitations may
~ que OF convenience, htness and proprety The mita-
IONS are that Congress shall obligations or ex
Use powers under these grants express implied which
~ ,pfessy prohibited to 1t by the constitution, which
oud cncroach upon rights reserved the States or the
cope thereof trustee cannot imply right to do what