The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-03
CONGRESSIONAL.
SPEECH OF MIR. BIRDsALL,



In the House of Representatives., July "a, ls4s-On the
mower of Congress TO legslae in regard to the domes
tic concerns of the people OF the Territories OF the unl-
ted States.
The House having under consideration the Presidents
message in relation to the military government OF the
territory acquired from Mexico by the late treaty OF
Mr.. BIRnSALL said:
Mr. SPEAKER: Leaving the President of the United
States TO vndicats the administration IN MS action re,
atng the military government OF the territory acquired
by us from Mexico during the (Which he has done
so triumphanty in his message Just readO propose TO
submit some general remarks upon the subject of the
powers and duties OF the general government IN relation
10 the civil government Territories and Its author
ty TO legsaie for them. To that question, and to such
other matters may deem pertinent to the subject,
shall ask the attention OF the House.
believe express sentiment which prevails extern
syely saying that the proper and just disposition OF
this queson is OF great Importance to the integrity and
weil-being OF this Union. As republicans sincerely al
tached that Union, and desiring perpetulty of Its
blessings should approach its settlement In that spirit
of Cancellation which marked the better Gays OF the re-
public and with earnest dese to dispose OF II as to
meet the appreciation OF the whole country l hope
may be so settled and that speedily.
do not propose, Mr.. Chairman, in the remarks am
about make TO enter into elaborate argument upon
the questions involved in the ordinance OF 1851 OF the
Wmot proviso, called to discuss at length the
principles which should govern Congress in It's leglsa
ion in regard to the organization of Territorial govern,
ments All these questions have been fully discussed
by many of most distinguished and experienced
statesmen and am not to suppose that any
argument of mine would throw additional light upon the
subject shall therefore content myself with stating
briefly the "plafom" upon which, as northern demo-
crai, | am prepared to stand
The true principles which should in my Judgment,
govern Congress in its Legislation the subject OF sa
very those of interference, whether in the States
or Territories and reference OF all rightful subjects
of legislation" to the people OF the Territories, to be set
tied and disposed of by them, at such time and in such
is authorized by the constitutions through
their local legislatures. would adopt this course
of policy, because 1t accords with the spirit OF the
constitution, and because iii based upon the great car
dna principle of reedom-the capacity OF man for sell
government
Besides the doctrine OF restrictive legislation, generally
absurd in this of questionable authority, and
must. in any event. be short-lived in its operation.
The principle of non-in intervention by the general gov
eminent accords with the spirit OF the constitution
We all admit that this is government OF limited and
defined powers. AS national legislators our guide and
only warrant is the constitution, and we should tread
cautiously within the boundaries If prescrlbes.
Were the question now presented an original one i is
questionable whether member Of this House could De
found who, upon the reading OF the constitution would
insist that the convention which framed 1t Intended to
cohe Congress with the power OF legislation over the
domestic affairs OF the people OF the Territories by the fo
lowing clause
The Congress shall have power 10 dispose Of and make
all needul rules and respecting the territory or
other property belonging 10 the United States"
The plain and common sense Interpretation of this
clause would be- that the authority OF Congress
related only the and disposition of the territory
property for the words territory other property
This view of the subject strengthened, and, strikes
made conclusive by examination of another clause
u
given express the District OF Columbia. Sc
1t reads as follows
The Congress shall have power to exercise erclusire
exceeding miles square) may by cession parcu
lar States and the acceptance OF Congress- become the seat
Of the government of the United States and exercise
like authority all places purchased by the consent OF
the legislature Of the State in which the same shall be. for
the erection OF forts magazines, arscna dockyards and
other needful buildings"
It has been well said by my honorable friend from Vir
gina MIR BAYLy,] in his elaborate and conclusive ar
imam hat vhQnf hp
which framed the constitution designed TO confer pow
es OF legislation II used appropriate language to convey
Its meaning
will be observed, that the clause giving powers OF
legislation includes only the District OF Columbia
but also all places purchased by the government for
the erection of forts magazines arsenals dock yards
and other needul buildings in Short conferring upon
Congress powers OF legislation, direct and explicit lam
guage all such places the convention deemed ii
proper that Congress should exercise that power and
where, and only where, in my judgment, it intended 1t
should be exercised. The clause relating to the terri
tory other property belonging to the United States had
reference TO such territory other property as property
wherever 1t might BE- Had the convention intended TO
clohe Congress with the powers of legislation IN
the Territories that it gave to II over the District OF Co
lumbia and the other places named, Is not reasonable
to suppose that it would have used the similar
language in doing so | cannot bring my mind to be-
eve that the convention, after having given to Congress
in express terms the power to eglsate for thus District
and certain other places naming them intended to leave
the powers of legislation, if it really designed to
confer them, TO be spelled out guessed al, construed out
vision for the and disposition of the lands other
property belonging TO the United States.
accord fully wi In the views OF late distinguished
senator General Cass) expressed IN his letter to Mr.
Nicholson, from which the following are extracts:
Ioritory is here classed with property and treated as
such and the object evidently enable the
government property hoder-which, from necessity
1t must be--o manage, preserve, and dispose Of, such
properly might possess and which authority essen
rial almost being But the lives and OF our
citizens with the variety OF objects connected with
them, cannot be controlled by authority which is merely
regulations fD the disposition and management OF property
But the principle OF interference should
not be carried beyond the Implication which
produces it. 1t should be limited to the creation OF proper
for countries, acquired settled and to
the provision their eventual admission INTO
the Union leaving in the tme TO the people lnhab
ting hem regulate their internal concerns In their own
way They Just Capable OF doing as the people
OF The States and they do any soon a.
their pocal independence is recognised by admission
INTO the Union. During this Temporary condition., II Is
hardly expedeu call into exercise doubtful and invidi
GUS authority, which questions the intelligence OF re
spectacle portion of citizens, and whose limitation
whatever may be, will be rapidly approaching Its ter
nina ion"
The absence OF any grant of power TO Congress TO
legIsae for the domestic regulation OF Territories 30
obvious, that those who contend for the right are driven
10 look for IN the history of national Legislation. Tins
has not been either uniform consistent as will appear
BY the history of the organization of the Territories OF
Wisconsin and Iowa.
In organizing Territorial government for the Terri
tory OF Wisconsin, Congress re-enacted the restrictions
contained IN the ordinance of 1857 which prohibited the
Introduction OF slavery into the territory northwest OF the
fver OHIO; but IN organizing Territorial government
Tor the Territory OF Iowa, which lies OF tho Missis
pp and is part of the Louisiana purchase and there
lore subject 10 the ordinance of 1857 even by mp
fho ii Al