The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-04-01
CONGRESSIONAL.


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 3Oth June, 1850, and for other purposes, (Mr
WHIrE, of New York, in the char)-
Mr. MCDOWELL addressed the Chairman, and after
expressing his regret AT being constrained by the state of
business before the committee and the House, either to
adopt the dsordery and irregular practice OF speaking
upon subject whilst another and different
formally before the committee, or to orego the only OPP
poriunty he might have OF speaking at all then pro-
ceeded substantially as follows:
Mr. Chairman il it had been my good fortune to have
entered upon the discussion OF our territorial affairs at
earlier period of the debate OF which they have long
been the subject would have considered it only my
privilege but my duty, to have examined the constitu
tiona questions with which they have been connected,
as fully and thorough my short hour would have al
lowed but at this late period OF the session. and OF the
debate aso after these very questions in all their ati
tue have been discussed here almost to the hundredth
time, with unweared elaboration, and oftentmes with
great ability, it would seem that any further and formal
discussion of them was scarcely admissible. AT all
events sir cannot but know not only how irksome it
would be to go over these questions afesh but how
utterly hopeless also would be the expectation, my
part of reproducing them any favorable or NOR
impressive lights than those in which they have already
been presented by my colleagues in opinion. Gladly,
therefore, Mr. Chairman as would have gone into ex
animation OF these questions at proptous moment
and fully had prepared myself to do so, and had in
tended to do so until within few days ago, shall now
leave them and instead OF any argument upon them will
proceed to offer remarks to the committee in vnd-
cation and support OF the bill which proposes admit
our Meriean sr, itores upon the footing of State.
Whether the bill which was originally reported upon
that body from Illinois, Mr. DouGLAs] or the substitute
for that bill which offered in this House by my kns,
and colleague from Virginia, [Mr. PREsroN,] be
preferred u.s. my opnon not very material Upon the
whole, prefer the substitute, but will cheerfully vote
for either They both rest upon the same basis and de-
pend for their rejection or support upon the same general
considerations 1t Is not pretended that either the orig
nal bill the substitute for il is free from objections
is pretended that these objections should weigh
heavily against both in different and less critical con-
dton of the country than the present But these OBJ
iections temporary mainly as of them fatal
in their nature and the advantages with which they
connected of high national value, it is justly
considered, Think sir, that the measure which the bill
and the substitute embody furnishes honorable and
common ground upon which our conflicting opinions on
the subject OF that measure may be mutually given up
and our national difficulties about it suitably and finally
disposed Of AS to the constitutional authority which it
involves that presume, will not be seriously questioned
BY anybody.
this measure proposes to draw into immediate exercise
distinct positive, expressly granted power, subject
no prescribed qualification OF substance or form which is
at all applicable TO the in which it proposed
TO be exercised. The whole power together with every
connected circumstance under which may be considered
necessary and proper to carry into execution is conf
Congress Whether, therefore, the State which it pro-
posed to admit itself at the time being territory of the
United States, ought ought not to be kept for longer
or shorter period in its territorial condition, whether
that condition ought to be dispensed with entirely,
questions which necessarily result from the execution of
the power to admit and which it is Tor the discretion OF
Congress- and that only to determine. There may exist
the very strongest and soundes reasons in particular
case, why the territorial condition should be enforced
Vigorously and for long period of time and too, on
the contrary there may be of equal obligation and
authority in another why this preliminary nursery
condition of the territory should be passed altogether
and the embryo commonwealth at once taken into the
family of the States. The Congress of 1887, acting
upon the necessities then existing, constituted govern
ment for the Northwestern Territory upon the model OF
their own famous ordinance of that day. The Congress
OF lS19 acting the necessities OF this day. and with
jurisdiction over the subject plenary than that of
It's predecessor, may at its election, either const
lutte government for its Mexican territories terrific
lies, or authorize them TO constitute government Tor
themselves State. '
OF these alternative modes of action both equally be-
longing to Congress- the formation OF government for
the territories such, with reserved supremacy here,
most consistent with our legislative precedens but the
admission OF them forthwith into the Union under the
guarantee Of republican form of government and with
State constitution established by themselves, is but the
exercise IN another form of admitted discretion in the
case, and 49, withal in the very srctest spirit of the
constitution itself Our whole power over the territories
is trust power-a power which gives us the right to
control them temporarily, but with the obligation OF adj
mthng them at some time into the Union, and OF Sc
curing them when admitted republican form of gov
eminent Where this right to control them ceases, and
The obligation TO admit them into the Union begins. is
point not settled by the constitution and therefore left by
II TO be settled upon just such judgment Congress may
form upon the hducIary nature of the power AMI upon
Inc special circumstances each which is their
duty to exercise it. In letter of Mr.. Madison, which
was addressed to Mr.. President Monroe in 1920 upon
Inc subject OF the missouri restriction and which let
Ter has but recently been brought TO light part of
appendix TO- speech OF an honorable senator from Flor
d. Mr. WEsrcoTr,l we find the following passage:
The right of Congress to control the territories being
gwen IRON tue necessity OF the and in suspension OF
ae great principle of sefyovenment ought not to be ex.
uoed further continued longer than the occasion gh
lady require"
Here, in this declaration of Mr. Madison, himself the
authoritative and soundest of all of our constitu
all Tho 1l oil mani n
THIS territorial power admirably compressed into single
sentence and stated with analytical precision which
iorbts mistake Ii results from the general ground here
taken by Mr. Madison, first, that the right which is
founded IN necessity should be controlled by it, and
Iurther control or government than that which rs de-
manded by the most general and indispensable objects OF
clvl Administrations. results also that the government
oil the territories by Congress being suspension of the
great right OF self government by the people of the terri
tones themselves, admissible only whilst the necessity
lor II continues and should be surrendered the moment
,ha' necessty-the lustifying cause OF it's at an end.
yet further deduction from these grounds of opn-
lon' though IN much larger and stronger stla
ueducon from the whole scope and tenor OF repre-
sentative system and representative duy-hat whenever
!ne case shall arise in which the necessity for establish
Ing territorial government shall be aad resisted by
asuonser and lntenser national necessity Tor pretemt
ing altogether, that that the stronger necessity
must be allowed to prevail the territorial government be
gwen up, and the young and expectant commonwealth
instantly taken into the family OF the States Whenever
IN the administration of public affairs, smaller and
larger interest into unavoidable conflict with one
dhotner, the smaller must give way. And this rs
Feesssely the state OF affairs before us now.
we nave, on the one hand our national safety TO pro-
ec-a duty which, OF all others under Heaven, Is the
most Imperative upon faithfully and infexlby to per
we have, on the other hand territory TO provide
with government and aws-a duty OF far inferior inter-
N he nap oct ed These