The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-07-22

- p;ll 10 establish ierreofia' NS'N'
va Wv ment in Oregon
p.,s,nrNr: During the present session
MI nronositions have been repeatedly IN
Congress, r. fhs Senate involving the question
HoIuee- have abstained from all particiPa
Of s's', -. discussions 10 which they have given
hoh ~ -. / considered them as abstract pre-
use, having no direct practical bearing o.
r. measure before US Is oil difiereh'
enec', .- I, coutemplaies an act OF legislation
..nos~s law containing provisions 20 DC
ss,,asd and to control the inhaoitanS " uis
80, ~ country more than Two h"ndrou uiou
- saanre miles in extent by tis' &c. We
-. literally laying the fouhdaloh VI
-1nirs. IL Is a subject eminehuy Pra0'0A'' anu
therefore | speak. - ,A. a;scussion of an.
ino s .;vsn rise. are Of the highest moment
g,i ,i' .ancsru the power OF Congress over the
lne3 hsIonging TO the United States, and es-
''aII,: In rsseect 10 slavery in such territory.
,h;s all They involve not only the au-
,..,,. 81 Congress, under the constitution, To
.I:,s The domestic concerns of the persons
ies.S;,iog ar occupying the public domain be-
i-- a. limits of the States, but they may al
e. an inSsfinite period, the social and po-
- .onai,ion Of entire communities. They
,i,eIIv concern the prosperity of the future
NJ Who are 10 fiji the valleys and cover
LLul. % Oregon; and il is due 10 the magni-
- At, The subject, that it should be discussed
si,b c.lmness and without asPerity either OF
feeling or language. ,.,
cooSueied IN such q spirit, discussion, even
ifit we're unnecessary, could do no harhl' now
ever widely we may differ, or however deneAte
-. ,ass,icns with which il has TO deal. Indeed,
IL. 49, 4 n
i,0 may strike out light and truth, and furnish a
80 far an Amicable adjustment Of differences,
'-.ieb vould otherwise have been irrecOneileable.
1, nag he a vain hope TO expect to harmonise
,soss Who are so wide apart; but IL q prove
SsIusiou. il NAV nevertheless be profitable to in
salss A. II nav, al least, serve TO moderate TIE
tone Of DISCUSSION.
Ia tbse course of the debate on this and other
kiaS,,s topics, various propositions have been
advanced; and they have been sustained with
distinguished ability. Some Of these PROPOSE
tons srs repetitions Of the same general assumP-
t,aa under different phases. For instance, Il
has hseu assumed that the citizens in any State
AZ the Union have a right to 90 into any terri
tory belonging to the United States, and take
win them whatever is recognised as property
BIZ the local law Of the State from which they
migrate
Iis also assumed that the inhabitants OF
territory cannot, by any legislative enactmsnt,
prevent the citizens Of any State in the Union
from coming into the territory with whatever
the local law Of such State recognises as pro-
perty. These are little else than verbal mOdih-
cations Of the same proposition; or, at least, the
one is necessary consequence Of the other
On the other hand, il is eeniended that the in
hAbitants Of territory belonging 20 the United
States, have an inherent right to regulate their
osa domestic concerns for themselves, wher-
ever the jurisdiction Of the soil they inhabit may
reside, and without being overruled by the SOW
ersign political power to which they are subor-
Giaate.
There is a question which lies beyond all
these propositions, and which, fit can be salts
factorly answered, must be decisive OF them
all, because il includes them all. Has Congress
the right, under the Constitution, TO legislate
Tor the territory Of the United States, organise
governments for the inhabitants residing in such
territory, and regulate within il all matters OF
local ana domestic eoncernl | believe this ques-
ton can be satisfactorily answered in the af-
6rmAiive; that the power TO this unlimited ex-
tent can be sustained-lst, by contemporaries
eKPOsitiOns Of the meaning Of the Constitu-
ton and the intention Of its trainers; 2nd, by
Jadici4l Interpretation; aud Sd, by the whole
TO the present day.
This is the fundamental question | propose
inst 10 discuss. | shall lay aside all cOnsidera-
lion Of subordinate propositions. These necss-
sarly fall +, If the other can be established. My
purpose is, to attempt to establish il; and in all
have to say shall endeavor to be strictly argu-
nentsliye
The power Of regulating all matters concern
ing the public domain Think may fairly bec0n-
sidered a necessary incident TO the power Of ac-
curing territory; and this not only in respect
to the disposition which may be made Of the
naked sol, as il has been denOminated, but in
respect to the classes Of persons who are per-
IAiited TO occupy il, aud the conditions Of the
occupation. leOnsder this unrestricted power
As an iaseParable incident Of sovereignty, to be
exercised by the supreme authority Of the organ
Lseo community or State in which il resides
ihe power Of acquisition is itself unrestricted
BY the terms Of our social compact, so far as the
Objects OF acquisition are concerned Il is In.
eidental also. Il is derived from the power OF
making war and treaties; and the limits 10 the
exercise Of these powers are TO be found in fun
damenta rules and principles applicable TO all
organised societies.
But DO not, for the purpose Of my argument
place the power on this ground. assign to IL
al origin less likely, think, 10 be questioned
place It on that provision Of the Consultation
Nhich gives Congress "power TO dispose Of and
make all needful rules and regulations respect
ng Tue territory or other property belonging to
tAe United States"
am aware that this clause Of the consultation
mas recently received a construction which con-
hass The action Of the Government In respect 10
the public domain in the narr0west possible
ha''is-a construction which leaves 10 Congress
vac mere right to regulate the mode In which
me aHie land shall be surveyed, brought into
Ilahei' and sold, without any power TO regu-
Hse Tue political or municipal affairs Of those
no settle upon it, while they are acquiring the
ieqasItes usually exscted as conditions Of their
admission into the Union. This construction
EsabVersive Of every idea Of sovereignty In the
STATE q use the word in its largest sense) as
me owner Of the soil. il reduces the govern
meat Of the United States 10 the condition of
mere individual proprietor Of land, without a
Nng's attribute Of political power. Such con-
fssnce could never have been contemplated
Tue trainers OF the consultation as likely 10 be
Lawn from the clause in question. On the con-
~ am satisfied they regarded IL as confer
t power oil the most plenary nature. Ishall
eA'Of 10 make this apparent 10 the Senate;
nN ~ DONG SO, It viii be necessary to look at
,ae history Of the clause Of the constitution re-
vh The 18th Of August, I1s7, Mr.. Madison in.
uooaeed into the Federal Convention, chen en-
kaseo 70 framing the Constitution, a series of
propositions, in order 10 be referred TO the Com
s sn.s Of Detail Among them were these: TIC
sathorise Congress-
un,,I dispose o. the unapprOpriated lands Of the
S,.,s institute temporary Governments for new
N. the zzad Of August, Mr.. Rutledge, from
e SommiIlss Of Detail, made partial report
NJ Madlson's propositions, and on others
W s%i ~ Mr.. Pinckney on the ooh. Mr..
AoatsOnie DrOD0siflnnS