The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-17

the territory IN which it existed Ii direct prohi
bition OF the domestic slave trade. II exercise
of power, in respect the Territories. which Congress
did not possess in respect to the States II anci
paon by -four years, of the time at which Congress was
authorized TO prohibit the importation OF slaves into the
original States This signed by Jefferson
v On the lth january 1903 an act was passed esab-
fishing the Territory of Michigan, with government
ain all respects similar to that provided by the ordinance
OF Congress- passed the 18th day OF july 1857 Tor the
government OF the territory of the United States north
west of the river Ohio"
W. On the Sd of February 1909, a similar government
established for the Territory Of Illinois, These two
last acts also passed under Mr. Jefersons administration
VII. On the 4h OF june 1919, act was passed PRO
vidng for the government of the Territory OF Missouri,
and the laws and regulations in force In the district OF
Louisiana were continued in operation.
VIII. On the Sd March, 1917, government was form
ed for the Territory of Alabama and the laws then in
force within i part of Mississippi were continued IN
operation These acts were passed under MT Madison
TX On the I'd March, 1872 the Territory OF Arkansas
formed from the Territory of Missouri, and gov
eminent established for it.
X On the 9th March, 1890, the inhabitants OF Mssou-
ri were authorized to form constitution and State gov
eminent, and slavery prohibited In all that part OF
the Territory of Louisiana north of 800 30 north latitude
this exercise of legislative power the greatest latitude
is given the authority claimed under the clause of the
constitution respecting the territory OF the United States
| Xl On the 30h March, 1922, act passed for
the establishment of territorial government in Florida,
containing provisions making it unlawful to import or
bring into the said Territory, from any place without the
limits of the United States" amy slave or slaves
These three acts were passed under Mr. Monroes ad-
XII On the goth April, 1885, an act was passed es-
tablishing the territorial government OF Wisconsin, Sc
curing the inhabitants the rights privileges and ad
vantages" secured to the people of the Northwestern
Territory by the ordinance OF 1887 subjectng them to
the conditions, restrictions, and prohibitions" contained
in said ordinance, and extending the laws of the United
States over them This act signed by General Jack
XIII On the 18th June, 1888, territorial government
for Iowa was established and the laws of the United
States extended it. This act signed by Mr.
Van Buren,.
And here Mr. President, close this rapid specification
of legislative presidents, commencing with the first Con-
gress, and running, with current OF authority uninter
ruped and almost unopposed, through more than half
century, down TO the present day.
By looking through these acts it will be found that
the power of governing the persons occupying the terri
tory belonging the United States has been exercised by
purposes municipal well as political Officers have
been appointed, their qualifications prescribed the right
of suffrage fixed, limited, and extended the descent and
distribution of regulated; courts organized and
their powers defined personal rights secured, and in
general, the whole power of legislation has been
!roed by Congress through the supervision il has
tanned the laws passed by the legislative assemblies
of the Territories
Let now how far this exercise of legislative
power has been sanctioned BY judicial interpretations
quote from decisions Of the Supreme Courhe highest
judicial tribunal in the United States That court in ref
erence the clause Of the constitution giving Congress
power dispose of and make all needfu rules and regu
lations respecting the territory belonging to the United
| States, say:
The power given in this clause is of the most plenary
kind Rules and regulations respecting the territory OF the
United Sate they necessarily confer complete jurisdic
ton. 1t necessary to confer without Limitation, to
bio the neW m to an M
SatesIhe Cherokee Nation vs. The State Of Georgia,
.The term territory ued is merely descriptive
of kind Of property, and is equivalent to the word
any other property belonging to the United States and this
power is vested in Congress without limitation, and has
governments rest In the ease OF McCuoch u.s. the State
Of Maryland Whea,on Az the Chief Justice, in giving
.lo 49, l,a
powers of Congress grow ing Of it, applies the Ter
ritoral governments and all admit their constitution
atty And again, the of the American Insurance
Company Canter, Peters, 542) speaking of
sion of Florida under the treaty with Spaln he says that
Florida, until she shall become State, continues to be
Territory the United States, governed by virtue OF that
make all needfl rules and regulations respecting the
tory other property of the United States"-1he United
perhaps the power OF governing Territory belonging
the United States, which has by becoming State
from the facts that is within the Jurisdiction OF any
particular State and Is within the power and jurisdiction OF
bic consequence Of the right acquire territory Which
may be the source whence the power is derived its
american Insurance Company Camter, Peters, 5i2,
might refer TO other decisions of the court in which
the same principle recognised, though less directly per-
haps, but sustaining the same Interpretation of the con-
suon, and giving validity to the legislative prccedents
[ have cited Writer'S on constitutional law (Rawle,
Sergeant Story this construction. In short, it
is believed that power exercised under the consttu
ton of such magnitude that of governing the Terrific
ries belonging to the United States has been uni
formy acquiesced in from the formation of the govern
ment the present day. and in all its departments, legis
lave executive, and judicial No system of rules would
be SAFE if its authority could be disputed and overturned
in the face of such comprehensive and long continued
sanctions Government, law, social and political order,
would become unstable uncertain, and worthless,
safeguards either to property or lfe if their foundations
could be thus Slapped and undermined by logical subtety
and reinement-by versions of the constitution at
war with its ancient interpretations, and running counter
to the whole of the public administration from the
earliest periods of time
And here, Mr. President, dismiss the question of
power. IT, as think, the affirmative is sustained.
thing, nevertheless remains to be considered. power
may be possessed and yet it may not be right
Its exercise must be justified by considerations of public
or private advantage 1t must not work either public
private wrong. l propose to consider it under this
aspect.
And in the first place, intend to say nothing in regard
to private interests excepting thsthat there no PROPOSE
ton before to interfere with slavery where it exstsno
restriction the exercise OF private personal rights
within the sphere of the local laws under which they arise
The question before Is, whether slaves shall be per-
med to be introduced into Oregon, whether their
PRODUCTION shall be prohibited 1t is a remote territory,
generally conceded (though in this do not concur,
cupied BY slaves, if they allowed to be carried
there The fact that it is generally admitted to be unfit
for slave labor must dives the question of all practical
infringement OF private rights, in the estimation of
those who take extreme views of the subject shall
therefore consider 1t only its bearing upon great public
interests.
Mr. President, consider this question: in the form it
has assumed, as involving the extension of slavery
consider so under the motion to strike the 18th
ton, which substantially prohibits the introduction of
slaves into Oregon. But il is made so more particularly
by the amendment offered by my friend from Mississippi