Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-05-20

House the argument ha in Of the laws establishing
Territorial Governments had this inhibition OF slavery been
contained except in the of Wisconsin, and in that
he had undertaken explain il away Now, his INF
MS view correct that this compact was binding on me
United States, there necessity OF introducing ~ II
the law Of the land and more, was The supreme law
as il was ratified and confirmed by the constitution.
He came now to his second proposition That Congress
possesses the power to egsae Tor territories acquired SINCE
the adoption Of the constitution as an incdent to the power
10 acquire neesSate restrained only by the conditions
Of the cessio AMI by the prohibitions and limitations Of the
constitution This covered the territory which really the
subject of their discussion AS regarded the territory north
Of the Ohio there no question raised Ia this House
in the country II view OF the new territory to De
acquired in Mexico, comprising New Mexico and California,
that this question assumed is great mportance and was
ia regard to that territory that be deemed this his proposition
apply Now he hed the constitution did not contem-
plate the acquisition OF new territory He found power
pressed in the constitution TO acquire new territory lie
admitted that where express power was granted carried
with all the powers necessary 10 give full force and elect
But there was no express power conferred by the cons
tuition acquire territory II there were, he called on the
gentleman from Virginia any other gentleman to point out
Mr. BAYLY lin his seat understood to refer the gen.
teman to the power to declare var.
Mr.. MURPHY. Is that power 10 acquire territory
Mr.. BAYLY. Certainly.
Mr. MURPHY inquired Of the gentleman II il was not IN
cdena that power and also TO the treaty power 1t was
incident. How did acquire territory By treaty
and by conquest Was there any other power in the cons
tuition authorizing the acquisition OF territory
Mr.. BAYLY. None
Mr. MURPHY asked the gentleman then, how the United
States acquired the territory composing the States OF Alabama
and Mississippi And how the territory Of Oregon They
acquired the territory Of Alabama and Mississippi by the
sion of Georgia, and the territory OF Oregon by the discovery
Of Gray. Mr.. Calhoun and Mr.. Buchanan as be had al
ready observed, had, Secretaries of State, aiken the
position that that the primary ground and neht oil the
United States to Orego spain hNd shts there she
had followed up her discovery by settlement It was
commended the Time and might be now, that we had full
right that territory by the discovery OF Gray and subsequent
determination and settlement.
Now we had the power acquire territory not by orr
gna express grant in the constitution, but first as incidental
"a the expressed powers and also incident TO sove,
reignty. He told the gentleman from Virginia he did not
deny The right acquire territory, but he said the right by
which acquired Alabama, Mississippi aud Oregon was an
incident Of nationality.
i Mr. McLANE (the floor being yieded) explained that in
the speech referred TO by the gentleman from New York. Mr
MuRrur Mr.. McLane of Delaware denied that the ordi
Of 1857 gave Congress any to prohibit slavery
in the Northwestern Territory. Mr. McLane argued that
this ordinance good for nothing, except far il
supposed BY to be compact; and compact would
have acted directly the people going into said territory
But Mr.. McLane himself did not admit it to be compact
ratified by competent parties to make contract
Il Mr. MURPHY stated that he had taken the position that
the ordinance compact and that that compact ra
fled and confirmed by the constitution. He had referred to
the ordinance OF 1877 show that compact and had
then gone say that according to The argument of Mr.
McLASE Of Delaware, il compact, ratified and con-
as a compact, not a law.
Il Mr.. McLANE said he admitted il was acompact,
then or now
Mr. MURPHY said il was declared by the ordinance itself
to be compact but he going before this interruption,
10 consider the question relative the territory which now
the subject Of their discussion de had asserted that the pro-
o the ordinance OF 1887 Gid apply 10 that terri
tory kc he'd gone further say that there certain
national powers-powers incident this Government
sovereign in common with all other civilized nationswhich
could exercise and that among them the right 10
quire territory and had not those powers, we had no
right the csson from Georgia of those two Southern States
which he had mentioned and had claim TO Oregon on the
ground Of discovery.
Now If we had this power acquire, be held that this
other power govern followed incident aud this
d1crne 1t laid down by Story, and by all the
writers the constitution, and affirmed by decisions Of
the Supreme Court.
Before proceeding TO the authorities however, lei him ask
If this had the right TO acquire territory how il
was be governed Il not sovereign He agreed with
the gentleman from South Carolina Mr. WooDwARD that
Il dependency, province the sovereignty Con-
gss The territory bad single attribute Of sovereignty
it not recognised such by the sister States by the
world large dependant the power which had the
right acquire and did acquire that the powerwbich
bad the right govern under certain limitations TO which
be would presently refer II this not the case, who
10 govern this territory Would gentlemen tell him that that
power be referred TO the people Of the States ndePend
Of the Congress be exercised by the State Co
II the territories not TO be governed by the
people in H. by the people Of the States by the State
Governments hour let him ask, they 10 be governed
The right govern the territories acquired must necessarily
in the Government which had the te which had the
\ right TO acquire.
lie had said that this principle had been settled. II was
well known that the Supreme Court Of the United States bad
again and again admitted the right Of Congress egae for
the territories under the clause Of the constitution which
thorized them make all needul rules and regulations
&c He did coincide with that But they had gone
further they had recognised the principle which he
serted Sustained by such authority, be thought he might
assume this position with confidence Chief Justice Marshall
declared in the Of the American Insurance Company ct
] al rs. Canter, that
"Perhsps the power Of governing territory belonging TO
the United Saes which has by becoming Sste acquired
the Of seigoyenmen result necessarily from the
is within the jurisdiction Of any particular
State and within the power aud jurisdiction Of the United
The right govern may be the inevitable consequence
Of the right TO acquire territory"
The principle was laid down BY all elementary writers
Story Rswe and other,hat the power to govern did not
either in the people who inhabit the territories in the
several States in their separate capoce the people Of
the States for, If this the case would be exercied
all but that il necessary incident 10 the right to
| acquire.
lie to his third proposion-,hai until Congress
passes new laws acquired territory, the old municipal
laws Of the former Governments remain in force subject only
the constitution and every person settling there subject TO
the old laws He made this point in reference TO New Mex
co and California. They settled countries, subject 10
civil laws Il was asserted that the Government Of Mexico
having the right those territories had prohibited slavery