Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-03-27
CONGRES SIONAL.
speech Of Gov. Mcdowell


speech Of Gov. Mcdowell,
On The fOrmatton IF one or mo,s REQ ) ats "a,
Of The IeyJifoyies If NeD lN.ztco and Cal(or-
ma.
HOUSE OF REPRESENTATIVES, Fss %, 1859.
The Cummitee al Inc Whole TN The Stale III
the Union, having un'er consideration The hill
10 provide Tor The support OF The Post Office DE-.
parlDenl for The wear enring 30ih June 1850
and for other Pufposes-( Mr. White, OF New
York in The CbtIr)-
Mr.. McD' WELL addressed The Chairman, and
after expressing ms regret al being constrained
by the press OF business before The committee
and Inc House, either to adop, the disollery and
irregular practlce oil speaking upon one snbject
whilst another and different one was formally
before The committee, " 10 inrego the only OPP
portunity NJ might have OF speaking al all, then
proceeded, substantially, as follows:
Mr.. Chairman-B II had been my good for
,une 10 have entered upon The discussion Of our
territorial affairs al an earlier period OF The de-
bate, OF which they have 81 long been The sub
jecl, | would have considered il not only my pri-
vese, but my duty, 10 have examined the con-
sttutiuna questions with which they have been
connected, as fully ana thoroughly as my shorr
hour would have allowed; bu, a, this late period
OF The session, and of the debate also, after these
~
dis USED here, almost 10 The hundrelh time,
with unWenIled elaboration, and otenlmes with
great abiiily, ii woulG seem that any further and
formal discussion Of them now was scarcely adj
lnissible. Al all events, 81, | cannot but know,
Dol only how Hkscme would he 10 me % 60
over these questions a.reSh but how utterly hope
less, also, would be Inc expectation, on my part,
OF reproducing them in any more favorable or
more impressive lights than those in IS hich they
have ALREADY been presented by my colleagues III
opinion Gladly, therefore, Mr. Chairman, IL |
would have gone into an examination OF these
questions al move rIopltious moment, and iul
iy as nac prePafca myself 10 do 50, and had IT.
tended TO do sc unu within few days ago,
shall now leave them, aud, instead Of anv arsu-
nient upon them, will proceet t. cf-r some re-
marks 10 he conmnlec in vindicauon aud sup
port al the bill winch proposes 10 aimu our .neIi-
eau Terr,t9ries upon the ,oOtine ia Statc.
Whether he bill winch was originally reported
upon that suhcci in III. Senate by an hon, ratl.
member Of 'iat body from lliinoi>, (M. Doug
ias,) or the substitute Tor that bill which Wa, OF
fered In this House by my iinsman aud coll
league, from Virginia, Nr. Pre,t z, oe preferred
is IN nv opinion, no, very material Upon he
whole, prefer The substitute, but will cheerful
ly vote Tor either They both rest upon the
same basis, and depend Tor heir rejection or
ions IL i. not pretended that either The orr
ginal bill or The suo>ti,ue Tor il IS Tree IRON
objections; nor is II pretended that these oblec-
lions should bot weigh heavily against both III a
Inherent and less critical condition OF The coun-
~ than the present. Be- as these objections are
emporariiy manly, as none / them are tata in
heir nalnre, and As the advantages with which
they are CONNECTED are OF high national value /,
rs justly considered, ! thic;, sir, that the .nca
~ hn btli ari .. a.
furnishes al honorable aai common ground up
on which our colilicl'n. op,n,ous on The sublsc,
oil that measure may hr mutually gwen up, and
our national difficulties about II suitably and Ii.
Ially disposed III. As 10 The constitutional amino
rit, which II involves, that, presume, will Ia"
be seriously questioned by nyooGy.
The constitutional power 10 admit State
that which ms measure proposes 10 draw aic
immediate eaercise-is distinct, positive, tx.
pressiy granted ioWer, subject 10 no prescribed
qualification oil substance or form, which IS al
all applicable To NJ Case in which il is now pro-
posed 10 be exercise. The whole power, toge.
Their with every conueced Circumstance under
which it may Oe considered necessary and proper
10 carry ii into ,XeculGD, Is confied exclusively
TO the sound Judgment and discretion oi Congress
Wheh therefore, the ale which II is proposed
TO admit itself al the time being leul,ory u the
Uniled States, ought, or ought not, TO be kep' lur
longer Or a shorter period Ia It's territorial coI-
dton, or whether that condition ought 10 he dis
pensed with entirely, are questions which ncces
sarily result from toe execution u the power 10
admit, and which II Is Tor the discretion OF Con
gress, and that only, 10 ceteIminc. There ma '
exist the very strongest aud soualrs. reasons, in
a particular case, why the territorial concition
should be enforced Vigorously and Tor long pc
Rod Of lime; and so, too, on the contrary, lneIe
may be reasons OF equal obligation and aulhoII-
~, in another case, why this preliminary OF
nursery condition oil The territory should be
passed over altogether, and lie embryo Com
monwean a; once taken Ino The family OF The
States. The Congress OF 1857, acting upon IN.
necessities then existing, constituted govern
meM for The Northwestern Territory upon the
model ut their own famous ordnance OF that
day. The Congress OF ls49, acting upon the
Cecessites OF Tins day. ana with jurisdiction
over the subject more plenary than that OF lis
predecessor, may al It's own eiectou ether cUu-
stiute government Tor lis Mexican terIilorIeS
as territories, or au'hor,z. lnem 10 constitute a
government Tor lhems, Ives as Stale.
VI these Alternate modes o. acuon both equal.
ny belonging 10 Congress, the formation OF d gov
eminent Tor The territories as sucn, with reserved
supremacy here, is most coIsiS ent with our t.
gislduve precedenI>; hut he admission IL them
forthwith into IN, Union under The guarantee q
a republican form oil government, and with Z
State cons itn,on established b. themselves i,
but the exercise oi another form of our ADM Tee
discretion IN h. case, AMI is wihai IN the yer,
sl.ictest spirit oi The Constitution itself. Gu
whole power over the territories is trust powe
"a power which gives u The lishl 10 con,iu
them temporarily, bUi with he obligation OF ad
tniluns them II some tine mo lie Union, ant
OF secunnslo them, when admitted. republican,
term Of government. Whsfe TINS night 10 con
troll them ceases and Tie obligation IL admntaen
INFO the Union b-sins. Is point no. settled b.
the CONSTITUTION, aud hereiore lrit BY IL 70 b
settled by Just such Judgement a Congress ma
form upon the hiuciaty nature OF lac power an,
upon the especial circumstances IN each case IL
which II IS their Guy exercise II. In a lerie
OF Mr.. Nj Olson, wnica was addressed to Mr.
President Monroe ia 1920 upon the SUI ject q
The missouri restriction" and which letler ha
but recently been brought 10 light as part OF al
appendix TO speeca OF an honorable Senate
from Florida, MIR. Weslcoll] We nod The loi
lowing passage:
"The righi OF Congress 10 control The rerr!'o
rles, being gwen from las necessity ut The cas-,
anu IN suspension Il the area; principle OF sri!
government, "ueal unl - b. tx enced ipuher no
continued logger than tue occasion might taifl,
require"
Here, in this declaration OF Mr. Madison him
sell, the most authoritative and soundesl o. al
our constitutional expositoIs, we have all the es
senlial elements OF this territorial power admra