Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-23
SPEECH OF Mr.. HUNTER,
OF VIRGINIA,
ON THE OREGON TERRITORY BILL.
IS SENATE, JuLT IL, 1913.


strain speak subject which approach with great
gac,auee The topics involved nearly connected with
The family peace that take pleasure in their agitation and
discussion But this debate has been forced upon without
Territories introduced bill re-enactng law passed by the
soed territorial government which expressly excludes sa-
very from Oregon. The Senator from New Hampshire offer
I'D what is called the Wlmot proviso and although il
Withdrawn ime he has given notice that he would pre-
again The whole discussion, The part of the
aveholng Senator'S has been Of character press
most exciting and dangerous in this question upon
deep and solemn consideration the South They have
yd Us that the stakeholder be excluded from paropat
ing the benefits OF settling territory, by the
ooi and of all the States of this Confederacy. The
tee negro from States, the mendcant the paupe
the lon who Is cast over from the shores OF Europe
nh45 it, but they exclude the son, if he be STAKEHOLDER OF
che sire whose bones bleaching the very soil with he
contributed TO win, at the expense Of life bravely lost
maintain the honor of his counrys The Senate from
Cdnnecicut told US, as understood him. that II trug
gle FOR power in which the majority govern and tie mi.
Enslty yield The Senator from Vermont characterized
The assertion OF equal right the part Of the slavehding
States tosette andcolonize territory arrogant
eteusion Surely sir these things hard be borne The
smallest spark OF sympathetic feeling enable
that such preensons at least calculated TO stir the blood
sf every Southern But sir, shall discuss this 4ues
zion dspasonatey believe that truth Is with US andtruth
rs always strongest when most calmly presented II, n the
of this discussion, any rebeous feeling should struggle
sor nteance, will endeavor keep downs and it should
any time prove too strong for cou.ro something will
lac pardoned Of respect to the sources from which the
ain,-Rt eprings. ,.... .u
Mr.. President this subject of the Territories has been va-
uy considered the OF the discussion which has
arisen upon it, But the main issues nvosed are, in whom
xhst body reposed the power 10 govern them under
what Limitations this power be exercised and what are
che rights the several States be preserved and protected
IN the administration of this power
When remember the uniform Of precedents upon this
subject, not little surprised that the question should at
this day be mooted where lodged the power of gov
ng the Territories Of the United States. Congress has in
varaby prescribed the fundamental ordinance or quasi con-
aituhon Of the territorial government II has introduced
tno these ordinances matters o! municipal regulation
such the of descents and distribution and in some
reserved to itself expressly the right Of veong the action
II the territorial governments In addition to this has been
universally conceded the right of the Federal Government
10 ceie away the territory with sovereignty and jurisdiction
TO foreign States Now, if the major includes the minor the
power which prescribe constitution, and transfer the
sovereignty and allegiance of the Territory and its people,
surely include the right Of governing BOTH But of
the has been denied Congress- because there
wzs express grant Of it in the constitution, and al
beged to be contrary to principle to imply it, Those who
maintained that the power expressly given in the
clause OF the constitution which provides that Soon
gre shall have power to dispose OF and make all needu
rules and regulations respecting the territory other proper
~ belonging the United States, by arguments
IN my opinion convincing and sound agree with those
who maintain that the right govern the Territories is in
Congress but do with Of them who attempt
% derive it from this clause Upon that subject think the
Argument Of the Senator from South Carolina clear con-
elusive and demonsrave. shall repeat not only
he has exhausted thai branch the subject but be-
it would be unnecessary for the purposes Of my agu
men, shall endeavor to show that the power no matter
From whence it Is derived only be exercised under GER
tsin Limitations. The power, in my opinion, is implied
amongst other sources has been well said from the right
% acquire territory If this right Of acquisition he implied
from the necessities Of war and peace, of making
States which subject Congress has power this necessi-
~ ct acquisition only exist OF end be
secured after Is acquired To effect these purposes and ends
he hu
acquired, the very necessities which justified acquisi-
boa could not I've uihee other sources from which
the implication is equally obvious. There purposes
Ion which the territory Of the United plainly destined by the
constitutional will say they the oay ends for which
may be acquired but they the only specified in
chat insumen-I mean the disposition of the soil and the
cfion OF new States Now the right Of governing the
Territory necessary ID the efficient exercise Of both pow
II the soil ours be sold and settled must ha
the Of preventing rcspasses and keeping the peace
upon it, This right Of property vested in The States would
not be secure they were dependant upon other authority
tean an agency OF Their for the preservation Of peace
and order upon this domain. Counteers thieves
hgves from justice might collect bands upon this terrific
~, and there would exist adequate power any where
restrain reclsm them unless the authority do existed
Congress Without this power could not guaranty
tie purchaser the Of the public domain after he had
qseI and Of thert would be demand for the soil
winch wished to SELL But there is another still more i'm.
Poant purpose for which the territory Of the United States
Sesined. mean It's settlement and erection into States.
To train these infant communities under such institutions
may fl them 10 become members Of Conederacy
object Of the highest importance. To attain this great end
where could the power Of governing be well lodged in
CongIess, the common agent Of all the States 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 possesses tie physical force
20 do A. There is, then, point Of time when Congress
Esu govern this Territory When divested Of this power
The constitution has specified one and but one peroI When
he infant community arrives maoniy-when Is strong
enoogh 10 the responsibilities Of sovereignty and
comes State into the Conederacy Here three sources
from which the power Of Congress govern the TERRITORY
think, may be clearly implied. | believe might name
sthers Bot Is said that power important can be de-
ved to Congress Ivy implication, and yet these very gentle
man, most Of them, maintain the existence d the power %
acquire territory implied from the warmakng or treaty
caking powers Hthey imply the Fight Of acquiring terrific
~ from necessity for It's surely they 60 further
sDd imply the right Of controlling and making that Of
xftet 1t Is acquired But gentlemen applying q src
rule Of construction, fitting class Of cases, another
which is no, fully appropriate When it question
the distribution Of power between the Federal and STATE
Governments then the imp cation be stic, and
ry by which the former can claim power not expressly
granted by the constitution. Here what is taken by IN,
subtracted from the other and this strict rule
necessary implication derived only from the nature
e pares 10 the contract but from the express terms Of the
instrument which declares oil powers not granted TO be
served. But there Is class OF arising Of powers
vhch the states forbidden 10 exercise, they being
prcsy given 10 the Federal Government alone Such
she powers Of making aud treaties such, too, IL The
poe OF acquiring territory, for the States prohibited from
making treaties, from which that power implied
Here the rule Of construction is strict this mplica
oa need not be necessary, but under certain limitations