Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1849-04-17
SPEECH ~H - ~
OF Mr.. Jas. Mcdowell, of Virginia,
On the formation Of Governments for Calilor-
MIA and New Mexico, delivered in the House
OF Representatives, February 80, 1919.


MIA and New Mexico, delivered in the Hous,
Of Representatives, February 80, 1919.
The Committee Of the Whole on the state Of
the Union having under consideration the bill
to provide for the support Of the Post Office
Department for the year ending 30lh June,
1850, and for other purposes, (Mr. White, OF
New York, in the chair)-
Mr. McDowELL addressed the Cha irman, and
after expressing his regret at being constrain.
cd by the state of business before the com
mittee and the House, either to adopt the dis
orderly and irregular practice Of speaking up
on one subject whilst another and a dffcrnt
one was formally before the committee, or to
forego the only opportunity he might have of
spcaking at all, then proceeded, bstantialy,
as follows:
Mr.. Chairman, if it had been my good for.
tune to have entered upon the discussion of
our territorial affairs at an earlier period Of the
debate, Of wh:h they have so long been the
subject, | would have considered it not only
my privilege, but my duty, to have examined
the constitutional questions with which they
have been connected, as fully and thoroughly
as my short hour would have allowed; but at
this late period Of the session, and Of the dc.
bat so. after these very questions, in all their
latitude, have been discussed here, almost to
the llundrcdth time. with unwearicd cluL>ra-
ton, and oflcntimcs with great ability it won Id
seem that any further and formal discussion of
them now was scarcely admissible. At all C.
! vents, sir, | cannot but know, not only how
irksome it would be to me to 90 over these
que stions alrcSh but how utterly hopeless Il lso
would be the expectation, on my part, of re.
producing them IN any more favorable or more
impressive lights than those IN which they
have already been presented by my colleagues
III opinion. Gladly, therefore, Mr.. Chairman,
as would have gone into the cXamuat ton
of these questions ut more propitlous mo.
ment, and fully as had prepared myself to do
50, and had intended to do so uni, within a
few d&ys ago, shal! now leave them, and in
stead of any argument upon then! will proceed
to otcr some remarks to the committee in
vlndlcation and support Of the bill which pro-
poses to adnit our Merican Territories upon the
footing ofa State.
Whether the bill which was originally re-
ported upon that subject in the Scuute by an
honorable member of that body from Illinois,
! Alr. Doug Ass or the substitute tor that bill
which was offered in this House by my kins.
man and colleague from Virginia. Mr.. Pres
ton. NC preferred, IS, in my opinion, not v5rv
material Upon the whole, prefer the sub.
sttute, but will chcerfuily vote for cither-,..
| They both rest upon the same basis, and do.
pend for their rejection support unon the
SAINT SeHelul ConSluerallohs. II Is net preten-
dcd that either the orig inal bill or the substi
tut Q for it is free from objections; nor is it pre-
tended that these ELECTIONS should not weigh
heavily against both in u different and less
critical condition Of the country than the pres
ent. But as these objections arc Temporary
mainly, US none of them fatal in IT, cir ma
turc, and as the advantages with which thew
are connected are Of high national value, it is
justly considered. think, sir, that the mcu-
sure which the bill and the substitute cmbody,
furnishes an honorable and common ground up-
on which our conflicting opinions on the sub
jcct Of that measure may be mutually givcn
up, and our national difficulties about it suta
bly, and finally disposed Of As to the consti-
tutional authority which it involves, that,
presume, Will not be seriously questioned by
anybody.
The constitutional power to admit State
| that which this measure proposes to draw into
immediate cxcrcisc-is distinct, positive, cx-
| prcssy granted power, sub icct to no prescri-
bed qualification Of substance or form, which
| is at all applicable to the case in which it is
now proposed to be exercised. The whole
power, together with every connected circum
stance under which il may be considered nc
| ccssary and proper to carry it into execution
is conhded exclusively to the sound udgm cnt
and discretion OF Congress. Whether, there
fore, the State which it is proposed to admit
States, ought or ought not to be kept for a long
CIR or 4 shorter period in its territorial condi.
ton, or whether that condition ought to he
dispensed with entirely, arc quest ions which
necessarily result from the execution Of the
power to admit, ard which it is for the dscrc.
ton Of Congress, ana that only to determine
There may exist the very strongest and sound
est reasons, in particular case, why the ter
ritorial condition should be enforced vigorously.
n Of
the contrary, there may be reasons of equal
obligations and authority. in another case, why
this preliminary or nursery condition of the
territory shoold be passed o, or altogether, and
the embryo commonwealth ut once taken into
the family of the States. The Congress of
1887, acting upon the necessities then exist
ing, constituted a government fol- the North
western Territory upon the model of their own
famous ordinance of that day. The Congress
Of 1919, acting upon tho necessities of this day,
and with u jurisdiction over the subject more
plcnary than that Of its predecessor, may, at
its own election, either constitute i govern
ment for its NJ Nican territories as territories,
| or authorize them to constitute govcrnlnc nt
for themselves State
or these alternative modes of action both
| equally belonging to Congress, the formation
of a government for tho territories us such
with reserved supremacy here, is most consist
cnt with our legislative precedents; but the
| admission of them forthwith into the Union,
| under the guarantee Of republican form Of
government, and with State constitution es.
tablishcd by themselves, is but the exercise in
another form Of admitted discretion in the
case, and is, withal in the very strc,est sp-
rit Of the Constitution itself Our whole pow.
or over the territories is u trust powcr--a pow
er which gives US the right to control them
temporarily. bat with the obligation of admit.
ting them at some into tho Union. and of Sc
curing to them, when admitted, a republican
form of government. Where this right to con-
troll them ceases. and the obligation to admit
them into the Union begins, is point not set
tied by the Constitution, and therefore left by
it to be settled upon just such judgment as
Congress may form upon the fduciary nature
Of the power. and upon the special circumstan.
ccs in each case in which it is their duty TO ex.
ercise it. Ina letter of Mr.. Madison, which
was addressed to Mr.. President Monroe, in
1920, upon the subject of the "Missouri re.
stricton,' and which letter has but recently
been brought to light us part Of an appendix
to speech Of an honorable Senator from Flo
rida, Mr.. Wcslcott,] we find the following
passage:
ss'Ehe rirbf of Conrreea r. copfrol ~, . ,..;