The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-22

OF CONNECTICUT,
IN The bill to establish a Territorial Government IN
Oregon
In SENATE, JUNE 5, ls4s.
The bill to establish Territorial Government in Oregon
beng under consideration
Ar BALDWIN said:
Mr. PRsspESr In rising to address the Senate on the
question now under discussion do not regard myself
IL of any local sectional interest stand
hr as Senator the Congress of the United States, in
the performance of duty imposed by the constitution,
Igiaate for whole country in such will best
omote the interest and weore of the people of
he United States people, in providing for the gov
eminent of portion of national domain II involves
IN NV Judgment question of State individual right
lint Is purely question Of national policy and justice Ii
will be my endeavor to treat 1t such, and neither 10 in
duge in give occasion for, elimination recrimnaon
in snv remarks may deem it my duty to make.
The people of the Territory of Oregon having established
themselves the public domain without the assent OF the
government of the United States to whom the jurisdiction
nstans had no inherent right Of legislation which the
United States bound either to recognise or CONFIRM
Their legislation the offspring of necessity aone and
their laws while unconrmed be regarded as obligatory
only by the tribunals Of their creation. They assert
no claim independence but cnreat us to confer on them
the privileges of lawful community, by the organization
of Territorial Government. Year after year they have
pe,itoned for this boon And as, during all this PERIOD
,hey have been left by the United States without any
tenn of government laws for their protection the Com
mee Territories have with great proprety, inserted In
the hill provision give validity their past legislation
which it is now proposed to erase
from Louisiana Mr.. DowNs have urged the adoption Of
the amendment the ground that there necessity for
the section proposed to be erased because without an ex
press recognition of their validity the laws enacted by the
sprseded government would continue force till repealed
And the honorable Senator from Texas also supposes that
there implied recognition of their validity IN the nj
eenh section Of the bill Both of these propositions may
well be doubted The adoption Of the Territorial Govern
men proposed by this bill supersedcs the old system en-
rey II treats the existing government established by the
people of Oregon nujty 1t contemplates transfer
I he of a
received from existing government whose validity 10
necessarily recognised by the act and whose laws continue
until they are repealed Such would undoubtedly be the
case in regard the laws of New Mexico and California,
in the event of the ratification of the treaty with Mexico
But suppose it true that the laws enacted by the
provisional of the people of Oregon would con-
nue force without this provision the honorable Sem
aor supposesnot by their inherent power, but by
the acquiescence ard implied assent Of this government
what harm would be done by the express recognition con-
tanned in the section proposed be erased Why should
we be unwilling declare openly the face of the bill
what we really intend, Why leave to be implied, and
expose citizens the hazard of doubtful
by rejecting the clear and Ineligible provision contained IN
the bill reported by the commttee 1t appears to me,
under the circumstances in which the people of Oregon
have been placed there is obvious poriety IN the ex
press recognition by this OF all their proper acts
of past legislation.
The people of Oregon convinced of the evils of slavery,
and Of the advantages resulting from its EXCLUSION as
exhibited in the unexamped growth and prosperity OF the
States composed Of the northwestern Territory have enact
cd what they denomnate fundamental Law, forever pro-
hbitng involuntary servude in the Territory This law,
among Others would be confirmed by the section proposed
to be stricken from the BILL The honorable Senator from
South Carolina Mr. CALHouN and the honorable Senator
from Alabama Mr.. BAcBrl have announced to the Senate
the novel; and my mind alarming doctrine, that Con-
gress has power egsate to prevent citizen OF
slave State from emgratng with his slave property to any
territories Of the United States and there holding them
servtude the people of the Territory have no right
80 to egsate and that Congress has TO vest such
authority in the Territorial Legislature This doctrine the
honorable Senator from South Carolina deduces from the
80 a. E~l- frnVN ubIc
he nftrs that discrimination can be made between those
who hold slaves and those who do not.
Sir what have tho State governments to do with this
question: What right OF theirs is involved IN the legsia-
ton of Congress for the of the territories of the
naon The constitution Of the United States was ordained
and established by the people of the United States was
people, enable them, by means Of the national gov
thereby created exercise IN the manner pre-
scrbed the powers specifically con6ded to that
for the accomp hment of the great national purposes sci
forth in the preamble to the constitution.
Before the declaration OF independence the several aes
being colonial dependencies OF the British hs
people of all the colonies owed allegiance to the King The
same constitution and the common law were appealed
the and guardian OF their civil ana Potca I'D
critics.
While vet owing this common allegiance they united to
resist oppression and to demand redress from their com
mon sovereign The Congress of TITS not composed
of delegates from sovereign States but from colonial egsa
owing and acknowledging allegiance to the British
Crown They consequently had authority, and could
have none under such appointment TO declare osSou
ton of the connexon of the colonies with Great Britain
In making that ever-memorabe declaration, they did not
therefore act az delegates of colonial legislatures but
of the people of the United States then io
the first time speaking "oEE people,, and announcing
their sovereignty the world the unanimous de-
carnon of the thirteen United States Of America assuming
speak at the same moment that the pass
ed from the condition of colonies to that OF States was
authoritative declaration of persons assuming right tc
make in the of the American people, that they nc
longer owed allegiance TO the British Crown
That declaration, when ratified and sanctioned by the
people whose made had the same force and
effect it previously authorized 1t was the exercise ny
the American people, nation of the highest attribute
sovereignty claiming right to establish for themselves an
independent government The declaration thus put forth
the Of the whole sustained by common efforts
and sacrifices, and confirmed by treaty which ncknow
edged their claim equal rank among the nations OF the
earth. The several colonial jurisdictions became ut tho
time of the declaration of independence States, with an IN
herent power the whole American people to provide fol
their common welfare by confederacy of States or con
staiona government They chose the former ana failed
IN their experiment
The convention of 1887 which formed the constitution
of the United States composed of delegates from ths
several States in their separate political capacities lhe}
were appointed pursuant to recommendation OF congress
revise, amend, and alter the articles OF confederation
They had power conferred upon them directly by I'M
people, and consequently had authority in their name
organize government which should operate individuals
In any other way than through tho State legislatures Blu
the members Of the convention were convinced nat INT
system they delegated revise wholly inadequate
the exgenccs of the country The experiment regarded
with such intense by the friends Of liberty Throughout
the world the verge Of rretrevabe ruin The sys
tenn of legslatng for States their political capacity hat
been proved by experience be wholly inefficient and
nal pressure by the enemy kept them united fo
me purpose of defence. They now divided among
themselves distracted with ealouses indusousy foment
@ oy aspiring demagogues prey to internal dlssenson