The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-17
In SENATE, JUNE %, ls4s.

.. In SENATE, JUNE %, ls4s.
The bill to establish territorial government in Ore
gon being under consideration
Mr. DIX said
Mr. PRESIDENT: During the present session of Con-
ress poposons have been repeatedly introduced into
he Seaate involving the question of slavery. | have
sbstaned from all participation in the discussions to
which they have given rse because considered them
abstract propositions having direct practical bearing
effect The before is of different character
coniemplaes act of legislation it proposes law
containing provisions to be enforced and to control the
inhabitants of district of country more than two hun
bred thousand square miles In extent BY this act
are literally laying the foundations of future empire
1t subject eminently practical and therefore speak
The questions to which the discussion of the bill has
given rise, of the highest moment They the
power of Congress over the territory belonging to the
United States, and especially in respect to slavery in such
territory. Nor is this all They involve not only the
authority of Congress- under the constitution, regula
the domestic of the persons nhabiting
plying the public domain beyond the limits of the States,
but they may affect for indefinite period the social and
tally concern the prosperity OF the future millions who
are to fill the valleys and cover the hills of Oregon and
il due the magnitude of the subject that it should be
feeling or of language. Conducted in such spirit, dis
cussion, if it were unnecessary could not do harm,
however widely we may differ, or however delicate the
questions with which il has to deal Indeed it is always
possible the very conflict of opinion may strike out light
and TRUTH and furnish basis for amicable adjustment
of differences which would otherwise have been rrecon-
ciabe. Ii may De vain nope 10 expect narnOnlZe
those who wide apart but if it prove delu-
sion, il may nevertheless be profitable to indulge it.
1t may least to moderate the tone of discussion
In the of the debate this and other kindred
topics, various propositions have been advanced and
they have been sustained lwith distinguished ability
Some of these propositions are epetitlons OF the same
general assumption under different phases For instance,
has been assumed that the citizens OF any State in the
Union have right TO go into any territory belonging to
the United States, and take with them whatever recog
Missed as property by the local law OF the State from
al, hnl.<
ants of Territory cannot, by any legislative enactment,
prevent the citizens of any State in the Union from
coming into the Territory with whatever the local law Of
such State recognises property These little else
than verbal notifications of the same proposition or
at least the is necessary consequence of the other
On the other hand it is conended that the inhabitants of
Territory belonging to the United States have in
herent right to regulate their domestic for
themselves wherever the jurisdiction of the soil they
inhabt may reside, and without being overruled by
the sovereign political power, to which they are subordi
nate
There question which lies beyond all these propo-
sitions and which, il it be satisfactorily answered,
must be decisive of them ALL because it includes them all
Has Congress the right, under the constitution to legs
late for the territory of the United States, organize gov
ernments for the inhabitants residing in such territory,
and regulate within it all matters of local and domestic
concern | believe this question can be satisfactorily
answered in the affirmative that the power, to this
limited extent, be sustained-lst by cotempora-
exposition of the meaning of the constitution and
the intention of its amers 3D. by judicial Interpretation
and 3d. by the whole practice of the government from its
foundation to the present day.
This is the fundamental question propose first to dis
propositions These necessarily fall, if the other be
established My purpose is, to attempt to establish it,
and in all have to say shall endeavor to be strictly ar
gumentative.'
The power of regulating all matters concerning the
public domain think may fairly be considered neces-
say incident to the power OF acquiring territory and this
not only in respect to the disposition which may be made
Of the naked SOIL it has been denomnated. but in
spec to the classes of persons who permitted to
cupy it, and the conditions of the occupation consider
this unrestricted power nseparable incident of
eregnty to be exercised by the supreme authority OF the
organized community State in which it resides The
power of acquisition is itself unrestricted by the terms OF
o social compact so far as the objects of acquisition
concerned 1t is incidental also II is derived from
the power OF making war and treaties and the limits
to the exercise of these powers are TO be found IN fun
damenal rules and principles applicable to all organized
societies.
But do not for the purposes of my argument place the
power on this ground assign to i an origin less likely
think. to be questioned place it on that provision OF
of and make all needful rules and regulations respecting
the territory or other property belonging to the United
States.'
am aware that this clause OF the constitution has
Gently received construction which confines the action
OF the government respect to the public domain to the
narrowest possible lmits-a construction which leaves
to Congress the right to regulate the mode in which
the public land shall be surveyed brought into Market
and sold, without any power to regulate the political or
municipal affairs of those who settle upon it, while they
are acquiring the requisites usually exaced conditions
of their admission into the Union This construction is
subversve Of every idea of sovereignty in the State Il
use the word in its largest sense) the owner OF the
SOIL 1t reduces the government OF the United States to
the condition OF individual proprietor of land,
without single attribute of political power Such a
consequence could have been contemplated by the
trainers OF the constitution as likely to be drawn from
me clause IN question. On the contrary, am satisfied
they regarded II as comforting power OF the most pie
nary nature shall endeavor to make this apparent to
The Senate and in doing 80, it will be necessary to look
at the history OF the clause of the constitution referred to-
On the 18th of August 1887, Mr.. Madison introduced
INTO the federal convention, then engaged In framing
he constitution, series OF propositions in order to be
referred to the committee of detail Among them were
eese: 10 authorize Congress
dispose of the unappropriatcd lands of the United
States.
TO institute temporary governments for new States
arising therein"
On the 22d of August, Mr.. Rutledge, from the Com
millee OF Detail, made partial report Mr.. Madisons
propositions, and others submitted by Mr. Pinckney
providing Tor the disposal of the Incorporated lands and
e institution OF temporary governments for new States
arising therein reported by the committee But,
on the 3oth of August, Mr. Gouverneur Morris intro
Iuced the clause respecting the territory belonging to the
united States, which, with few immaterial verbal al
hune Martin had offered amendment which was re-
eced' the clause was adopted, Maryland alone dissent.
It NAV no, d.,,,,,, ,,., :, e., .,,,,. ,r,,, NJ,
i'son designed by the institution OF temporary gov
etnments for "new States arising within" the unappro-
pa'ea lands 1t might be supposed that he intended to
ovue lot their temporary government States alter
me,r erection or formation But those who familiar
WIN he parliamentary phraseology Of that day, will have
no doubt that the States was used as we now employ
Inc term Territories
But be this or not it is certainly not fair to say
oeeh SAID that II shared the fate OF the proposition to