Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-04-01

explain and defend openly and frankly my views
corning free territory in the Union, such will pro-
badly be acquired When have done this, trust all will
admit that the intend to give in connexon with this bill
the result of honest conviction and proper of duty
When important question arises here is the duty Of the
representative to look to his constituents to ascertain their
Wishes and to become fearless and faithful exponent Of them
regard this myself as paramount duty and he who would
question my right representative upon this floor to reflect
their WILL cam my judgment, have little claims demo-
cracy Such should be marked for repobaon by every
who would continue to this nation independent epe
sentative Government
If any justification be necessary for the course have mark
ed out for myself May be found in the uual instructions
of the State OF Maine her delegation in Congress- through
her Legislature, at its last session These instructions the
latest indication Of the wish Of the people Of Maine upon the
subject under consideration that has my knowledge
beg the indulgence Of the House while read the resolutions
containing them
RESOLVES relating the of slavery in newly sc-
quired territory.
Resolved That Maine, by the action OF her State Govern
men and by her representation in Congress- should abide
honestly and cheer by the letter and spirit the
sons OF the constitution of the United States the time
resisting firmly all demands for their enlargement
ReSoed That tho sentiment of this State profound sim
cere and almost universal that the influence Of slavery upon
productive energy is like the blight Of mldew that is
raj and social evil that does violence the rights Of
thinking, reasonable and responsible being Influenced by
such considerations this State will oppose the introduction OF
slavery any territory which may be acquired ndem
nifty Tor claims upon Mexico.
Resecd That in the acquisition of any free territory
whether by purchase otherwise deem the duty of the
General Government extend the the ordinance Of
1897 with all rights and privileges conditions and mmu-
mites.
Resolved That Senator's in Congress be instructed and
Representatives requested support and carry the
principles Of the foregoing resolutions.
1t may be improper to refer briefly to the passage of
these resolutions
Hon. John W. Dana having failed Of an election by the
people, elected by the Legislature and nauguraed
Governor of Maine in May, IS47 Immediately after his
election he his message the Houses of the Legs
ature That message contained strong decided emphatic
avowa of the principles contained the resolutions have
JUS read That portion OF the message relating free terri
tory referred select committee, who reported the
House the resolutions have presented responding the
Governors sentiments in nearly his words. After very
full discussion the first resolution passed the House July 90
ls47, by vote OF 22 to the second by ia to 8 and
the third by l26 to 6.
They then the Senate, and the third resolu
ton, which adopts the ordinance of 1884, passed by
of II to 8 but upon Of the others the Senate disagreed
with the House, and by this disagreement the resolutions fell
Yet regard these resolutions ritual instructions, At all
events they the latest and definite indication of the
feeling Of the people Of Maine upon the subject and such
should be carried out by her representatives.
As additional evidence of the feeling Of the people Of
my State take the liberty to mention that Gov. Dana, who
had given great prominence and force argument in ia
OF free territory though defeated the year previous,
tumphanty elected in September, ls47, by the people
Let say then, sir, if need any justification for the stand
take, may be found in the fact that only complying
with what is evidently the wish of large majority of the
people of Maine, and with what believe to be the wish Of
the people of my district.
But hare right to ertend the principles Of the ord-
nance Of 1887 oper any terrtory9
With all Difference to the opinions of others, think
have The ordinance of 1877 and its subsequent recognition
by Congress under the present constitution, and the act of
March 6, 1920, prohibiting slavery north Of go 3d.
most solemn assertions of this right True it has been
nv tha in
tuition which empowers Congress TO make all needu rules
and regulations respecting the territory belonging the Uni
ted States only refers nd and that power there
by given legsste in relation PERSONS and therefore Con-
gess has jurisdiction. But with all respect for these
opinions let say that the power to egsae for territories,
and IN relation to persons has been exercised since the
ordinance of 1887 do purpose enumerate the many
instances of the exercise of this power but will content
sell with reference TO two acts of Congress in add5n to
those already alluded to- An Of Congress- passed March
&c, 1904 provides that Stare shall be brought into the
toy of Louisiana except by citizens OF the United States
Here conditional prohibition of the introduction Of
slaves in Louisiana by Congress The other act to which
refer overrdes law Of the Legislative Council of Florida
This passed June So 1884, repealed the Of the lie
gave Council of Florida imposing higher duties slaves
belonging to noesdents than those belonging to residents
Any attempt the part Of citizens persons of Flo
rda 10 enforce the act of the Legislative Council of that Terri
tory declared penal offence, punishable by fine i'm.
prsonment.
Mr.. BoWDoN. Will the gentleman give way
Mr.. BOWD0N said the provision in the constitution Of
the United States, article fourth, section third referred only
territory in the United States the time of the formation
Of the constitution and not to territory since acquired
Mr.. SMART Even if the construction of the gentleman
correct will show that the General Government has
jurisdiction territories independent of the article cited by
him.
Mr. s. continued. So far as have been able investi
gate, such Legislation the part Of Congress has been
toned by the highest judicial authority The ground taken
by gentleman would deny Congress the right to
regulate the right Of suffrage any territory would deny
to Congress the right to throw the least protection around the
pioneer who sacrifices many Of the comforts Of life to extend
the Of civilization territory is owned by the United
States erclrel and inhabited by small number Of
citizens few to defend themselves and yet Con-
gess has power protect these from the knife Of the
assassin, because il cannot egisae in relation to "persons
in territories. Sir in my opinion this doctrine extra
ordinary that will not generally obtain in the minds OF men,
When the trainers Of the constitution gave power TO make
all needu rules and regulations respecting territories they
undoubtedly contemplated settlement in the territories by
persons who would need "rules and regulations" II
territory settled there would be any necessity
for rules and regulations What rules could the trainers OF
the constitution suppose would be needed for land that
has reference to persons ?" But if the particular prov
sion in the constitution to which have alluded does not give
the power egisate Tor territories doubts that the
General Government may acquire territory and the power to
goUn such territory till il formed into State follows
matter of
When the Government Of the United States acquires terri
tory and does not get title to the SOIL il gets the power
right Of exercising authority the jurisdiction, gets moth
ing Such power it holds until the State is formed, until