Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-03-26
CONGRESS SIGNAL.
SPEECH
MIR. James Mcdowell, Of Va.

On the formation of Governments for New Mex
leo and California delivered in the House
OF Representatives, February %. 1849.
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 Depart
ment for the year ending 30th June, 1850, and
tor other purposes, Mr. WHITE of New York
III the char)-
Mr.. MCDOWELL addressed the Chairman,
and after expressing his regret at being con-
strained by the state Of business before the COM
lnlttee and the House; either to adopt the dsor-
derly and irregular practice of speaking upon
one subject whilst another and different one
was formally before the committee, or to forego
the only opportunity he might have of speaking
at all, then proceeded, substantially. as follows
MIR. Chairman ii it had been my good fortune
to have entered upon the discussion of our terri
torlal affairs at an earlier period of the debate
OF which they have SO long been the subject |
would have considered it not only my privilege.
but my duty, to have examined the constitution
al questions with which they have been connect
ed, as fully and as thoroughly as my short hour
would have allowed but at this late period OF
the session, and OF the debate also, after these
very questions, in all their latitude, have been
discussed here, almost to the hundredth time
with unwearled elaboration, and oftentimes with
great ability, it would seem that any other and
formal discussion of them now was scarcely adj
mlsslble. At all events, sir, cannot but know.
not only how irksome it would be me to 90 over
these questions atre sh, but how utterly hopeles IS
also would be the expectation, on my part, of
reproducing them in any more favorable or more
impressive lights than those in which they have
already been presented by my colleagues in o.
plnlon. Gladly, therefore, MIR. Chairman, as
would have gone INTO an examination OF these
questions at a more propitious moment, and fully
as had pre- pared myself TO do So and had in
tended to do so until within few DAYS ago, |
shall now leave them, and instead of any argu-
ment upon them will proceed to offer some re-
marks to the committee in vindcation and in
support Of the bill which proposes 10 admit our
Me11ean Territories upon The footing Of State.
Whether the bill which was originally report
ed upon that subject in the Senate by an honor
able member ofthat body from Illinois, IMr.
DOUGLAS, or the substitute for that bill which
was offered iii this House by my kinsman and
colleague from Virginia, MIR. PREsroN be pre-
TERED, is, III my opinion, not very material
Upon the whole, prefer the substitute but will
cheerfully vote for either They both rest upon
the same basis and depend for their rejection or
support upon the same general considerations.
1t Is not pretended that either the original bill or
the substitute for it is free from objections nor
Is 1t pretended that these objections should not
weigh heavily against both III a different and
less critical condition OF the country than the
present. But as these objections are temporary
mainly, none OF them are fatal in their ma
ture, and as the advantages with which they are
connected are of high national value, it is Justly
considered, think. sir, that the measure which
the bill and the substitute emtody furnishes an
honorable and common ground upon which our
conflicting opinions on the subject of that mea-
sure may be mutually given up, and our national
dlfilcules about it suitably and finally disposed
OF. AS to the constitutional authority which it
involves that, | pre- sumo. will not be seriously
questioned by any body.
The constitutional power to admit a State
that which this measure proposes to draw into
immediate eNerclse-is d distinct, positive, eX-
pressly-granted power, subject to no prescribed
qualification OF substance or form, which is at
all applicable to the case in hh it is now pro-
posed to be exercised. The whole power, to-
gether with every connected circumstance under
which 1t may be considered necessary and pro-
per to carry it into executions is confided eXclu-
slvely to the sound judgment and discretion of
Congress. Whether, therefore, the State which
It Is proposed to admit, itself at the time being
territory OF the United States, ought or ought
not to be kept fora longer or shorter period in
lts territorial condition. or whether that contl-
tion ought to be dispensed with entirely, are
questions which necessarily result from the exc
cutlon OF the power to admit, aud which it is for
the discretion OF Congress, and that only, to de
termine. There may exist the very strongest
and soundest reasons, i'll particular case, why
the territorial condition should be enforced rig
'orously, and fora long period of time and so
100; on the contrary, there may be reasons of e.
quail obligation and authority, in another case,
why this preliminary or nursery condition of the
territory should be passed over altogether, and
the embryo commonwealth at once taken into
the family of the States. The Congress of 1887.
Htypfr r11,n Al.
stltuted government for the Northwestern Ter
ritory upon the motel of their own famous ordi-
nance of that day The Congress of 1S49, act
ing Upon the necessities of this day, and with
Jurisdiction over the subject more plenary than
that OF It's predecessor, may, at its own election
either constitute government for Its Mexican
territories as territories Or authorize them to
constitute government for themselves as a
State.
OF these alternative modes of action, both e.
qually belonging to Congress, the formation OF a
government for the territories as such, with re-
served supremacy here, is most consistent with
our legislative presidents but the admission of
them forthwith into the Union under the guar
antee OF republican form of government and
with State constitution established by them
selves, is but the exercise in another form of our
admitted discretion in the case, and is, withal,
in the very stricest spirit of the Constitution it.
oell. Our WHOLE power over the territories is a
trust power-a power which gives us the right
to control them temporarily, but with the obi
cation of admitting them at some time into the
Union, and Of securing to them, when admitted,
a republican form Of government. Where this
right to control them ceases, and the obligation
to admit them into the Union begins, is a point
not settled by the Constitution, and therefore
left by it to be settled upon Just such judgment
as Congress may form upon the tiduciary nature
OF the power, and upon the special circumstan-
ces in each case in hich it is their duty to ex-
ercise it. In letter Of Mr.. Madison, which was
addressed to President Monroe in 1920 upon the
subject the Missouri restrictions" and which
letter has but recently been brought to light as
Senator from Florida, MI WEsrcorr,] we find
the following passage
''The right OF Congress to control the terrific