The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-21
CONGRESSIONAL.
SPEECH OF MIR. MURPHY,

House being IN COmmltee OF the Whole on The state
OF the Union on the bill making appropriations for The
service of the Post Office Department for the year end
ing June 3oh, 1913, (Mr KING, OF Massachusetts,, in
| the char,)
Mr.. MURPHY for the purpose of expressing his
views respecting the power OF Congress to le5isate
Territories He knew that this discussion was inoppor-
tune in some respects, and that the remarks which he
proposed to make were not altogether orders but fol-
lowing the example which had been set by the learned
gentlemen from Virginia and South Carolina mir BAY
LY and Mr.. WOODWARD he should venture to present
to the House the views which he entertained, especially
as they differed from those of both the gentlemen to
whom he had referred
He held that Congress has the powerto egsate for the
Territories and having that power it had power the
question of slavery there But in his view the great
difficulty under which the gentlemen had been laboring
of the United States They had not drawn the distinction
between territories acquired before and those acquired
after the adoption of the federal constitution. While
pressing these views he would here take occasion the
outset to that he advocate OF the Wmo Pro-
vso. He did not stand here to defend it; al the
time he would not, with his views of the constitution
and of the power of Congress, the principle laid
down by either the gentleman from Virginia or the gen.
tleman from South Carolina 1t appeared TO him that
those gentlemen had both presented to this House here
sizes on this question: which had been pronounced such
by the action OF Congress and over again. and which
be should endeavor to establish such before he had
done.
He held that Territories that free--Territo-
ries in which slavery did not existif annexed TO this
Union, remained free until Congress positively establish
ed II there; and for that reason he opposed to the
Wilmot Proviso He held that the Wilmot Proviso
wholly unnecessary 1t Tor 1t served only to
create dissensions But he did not as some gentlemen
appeared TO do in view of that proposition see dark
clouds lowering the country He in the consti
| tuition and the laws of the land principles which would
carry them through safety and preserve for their chill
den and their chldren's children their glorious constu
ton and cOnederacy.
In the place. then, he laid down the proposition
that Congress possesses the power to egsae for the
Territories acquired since the adoption of the constitution
incident the power to acquire, necessitate rel
and is restrained only by the conditions upon which the
farrIt The nrnhl and hrnlt
tons of the constitution He also maintained that the
dnance of 1887 expressly adopted and continued in
force by the constitution and no further adoption by Con-
gress necessary and that Congress was empowered
TO make all laws which should be proper to carry the or
| dnance into effect
| Mr. c. J. INGERSOLL. What was the opinion Of
! Mr. Madison
Mr. MURPHY said he would answer the gentleman
presently. In the discussion of these propositions he
would reverse the order in which he had stated them
| Now, what was territory of the United States There
the territory that coded by the different States
forming this confederacy before the adoption of the
stution-the territory northwest Of the Ohio. There
likewise the cesson by deed of Georgia in 1902,
comprising the present States Of Alabama and Mssis
spp the cession by treaty by France in 1903 OF the ter
ritory which comprised the State OF Louisiana; and
the cesson by Spain by the treaty OF 1919 OF that which
is now the State Of Florida. And what else' The land
territory He deemed it unnecessary to do more than
merely to advert TO- the opinions OF Mr. Calhoun and
which they claimed a title TO Oregon was that of dis
covery To this fact he wished to direct the aten
ton of the committee, for purposes which would appear
in the of his argument The ordinance of 17s7.
hen became of Importance only reference TO the ter
rory northwest of the Ohio That ordinance and the
action under did not apply to any other territory than
that northwest of the Ohio and we have to look for
other principles to govern US in regard to such other ter
rory.
dinance of 1887, for the purpose of showing the dsnc-
ton between that and the sources Of the power which
to exercise over other territories and he had numer-
GUS authorities this subject at hand He weuld sim
ply direct the attention OF the committee to the ordinance
Of 1887 for it unnecessary to read it, every gen.
teman doubtless familiar with its provis ons. In
the first place, that ordinance declared to be com
pact and the articles thus agreed to and arranged be-
tween the people of the United States and the people who
were to form those territories to continue forever in
,foce-sutject, however, to certain restrictions The
language OF the ordinance was
"It is hereby ordained and declared by the authority
aforesaid that following articles shall be considered
articles of compact between the original States and the
people and States in the said territory and forever remain
unaerable, unless by common consent"
l Again, in article 4th, are these words:
ssThe Territory, and the States which may be form
therein. shall forever re main part of this
United States OF America subject to the articles OF
Confederation and to snc alterations therein as shall be
conutionay made, and to all the acts and ordinances
the United States in Congress assembled coniormable
thereto"
When this ordinance was passed. it thus appears from
it's own provisions that constitution cOntem
plated and the people Of the territories and the ter
rtores themselves to be subjected generally to the
legislation of this new government under the terms OF the
compact.
And now he would answer the inquiry put to him By
the gentleman from Pennsylvania who asked him if NJ
knew what Mr.. Madison said this subject Mr.
Madison said it true that the ordinance was passed
with doubtful authority, but he went afterwards tt
Justify the passage of that ordinance Mr. Madison said
"Imean by anything here said to throw censure or
the which have been pursued by Congress an
sensible that they could have done otherwise. The
public interest," the necessity Of the imposed uPof
them the task Of overlapping their constitutional limits
He thus approved the measure, did Mr.. Jefferson
who was the author of the ordinance of 1854, IN this
principle the that of 1851 and who would hard
iy have advocated it if it were unconstitutional.
But he cared not whether that act constitutional
made or not at the time he sadand that his posi-
onthat the constitution of 1857 confirmed that ordinances
and made valid Now he had not seen, in the cours
of the debate on this question: the clause of the
ton of the United States referred to, to which he shou
+ direct the attention of the House. He did not put ht
power of Congress egisate the territories upor
, the clause authorizing Congress TO make " all needu
rules and regulations respecting the territory or othe
property belonging TO the United States' for he though
with the gentleman from Virginia, that the word 'Oher
qualified the word territory" and showed that it
spoken of here only "property-gvlng Congress tn
power to make all needu rules and regulations respect
ing the territory as property OF the United States
He fell in therefore, with the view of the gentleman
. from Virginia this point but it was not necessary
y rely upon the clause in question.
" But tn his mind had abundant confirmation OF TIN
!, ordinance in the constitution itself Would IT not nav
been remarkable indeed, if the convention which frame
the constitutions sitting the time and place OF una
> Congress which adopted this ordinance, mad mol mao
some provision regard to it, When we regarded IN
fact that the provision reference 10 slavery IN po I'D
struments adopted on the same day-the provision II
the constitution providing for the three representa-
ton OF slaves and the prohibition IN the ordinance
,ror,, ~ tha northyest territory and that after her