The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-14


involved The clause Of the constitution supposed topro
hibit the federal government from the acquisition OF ter
riorial domain reads as follows: l
The Congress shalihaye power exercise exclusive ls
exceeding miles square) may by cession OF perlo
ular States, and The acceptance b. Congress- become shs
else like authority places by the consent
ofhe Legislature Of the Stale Ia which the SHALL be,
Tor the erection Of forts, magazines, Ne
Now, sir, this is clause which, in my judgment,
neither confes power 10 acquire territory, nor prohibits
the exercise OF this power II does not seem 10 me that
any part OF the design OF the trainers OF the con-
sttuuon either 10 besow authority To refuse au-
horty the government created by 10 acquire terri
tory for any OF the great purposes Tor which was insli-
tuted.
purposes Tor which territory may be acquired
Mr. FOOrE. BY no means There is nothing in the
constitution that can be thus interpreted The clause I'M
der review, and under authority OF which my colleague
has pfoessedy spoken, has alnson whatever 10 the
purposes Tor which territory may be acquired II SIMPLY
gives Congress ercluslpe jurisdiction IN certain places
therein specified the exercise OF which exclusive Jus-
dicton was obviously necessary those very places
Tor reasons which is unnecessary 10 parcuarze.
Without clause bestowing mis- exclusive Jarisdc-
ton the District of Columbia, and other places enniner
alet. The jurisdiction Of Congress would only have been
OF general kind which possessed throughout the
limits OF the republic There is not only no express
provision Ia the constitution prohbtoy upon the general
governments regard TO the acquisition Of territory, but
there nothing The instrument 10 justify the suppose
ton that any such prohibition intended 10 be implied
imposed In TACT IN the clause under review, tnere Is
most distinct implication OF the very power IN question;
since the regulation oil the manner IN which jurisdiction
j. TO be exercised territory to be acquired without
any clause besto.ng express power toacqure seems
imply the opinion, the part OF those who framed the
constitutions that the general power TO acquire territory
would be possessed by the government without any Tor
NAL stipulation to that effect. My own opinion most
clearly is that the right 10 acquire property OF any kind
necessary TO the purposes OF government inherently De
longs to any government which may be instituted, sub
ect TO such restrictions and notifications only as the Or
LAD, RufQ and
eresing question has been cogeny argued both upon
precedent and principle, by the honorable senators from
Georgia and Louisiana, who have preceded me IN this
debate, that deem unnecessary to say more IN relation
to it at present
Mr. President. confess felt little apprehensive,
whilst my colleague speaking that nay own right to
seat here which certainly value most highy-mght,
il the principle for which he conended should find recog
milton, be after while most seriously called in question
for sir the United States cannot receive cessioa Of
territory from one of the sovereign States OF the Union
at ALL for any purpose, then the cesson by Georgia OF
what is the State OF Mississippi was made without
sufficient authority, and the cession itself being
and therefore null should doubt whether
the State OF Mississippi herself is rghtfuly in the Union
1.-THE present moment; and if not, then neither my hon
orable colleague nor myself can Nave constitutional
righto sit here Happily though, there is no ounda
lion for this Argument nasmuch as the right 10 OBTAIN
territory by cession is of the clearest and most
deniable Of the powers confded to the, government
There Is one view OF that part OF the bill now under
consideration which feel bound TO STATE in explanation.
Of my attitude in regard TO it. Did suppose, with
my colleague and others. that law establishing terro
rial without any restriction whatever ia re-
gard to slavery, would be equivalent to law imhodying
the Wimot Proyiso; did suppose that law like thai
proposed providing for the existence OF territorial
government merely, without the Wllmot Plovso, or
ever, would necessarily operate to convert slave
holding territory into free-soil territory, should like
him. present the most strenuous and in
flexible opposition to the part OF the bill which proposes
to establish territorial government--the authority Of
which is to extend in part over territory now belonging
properly TO Texas But such is not my view OF the mat
Ter. cannot understand non iHteyueaion 70 mean
erUentton. cannot understand government establish
ed upon the ruins of the Wmot PToviso,he very inst
tnlion OF which government Is achieved by destfnc
ton OF that hdeous monster-to be Wmot Proyso
government am not able to perceive how Territory
which now slave territory is necessarily TO become
what is technically called free SOIL merely in consequence
OF lis being coded TO the United States tor the purpose OF
settling disputed boundary, Afterwards to constitute part
OF one OF the Territories of the Union.
With due Difference TO the opinions of others, must be
permitted 10 regard this view OF the subject OF the
most surprising errors committed And yet, sir IT
is the very notion that, being actively dused By certain
public speakers and presses. has already awakened great
prejudice in the minds OF many honest persons the
South. who have yet had fair opportunity OF
tanning the true character OF the under consd
Grafton Yes sir Me cry has been already raised, and
the echo TO this cry has already 10 returned
10 from several of the southern States that this bill
designed TO rob the South OF more than four degrees Of
her territory, and to the dominion of free
soil This cry is raised too, by those who united with
tnerrentioa--in other words. The policy Of eaabiistag
territorial governments Without the Winot Propiso-
which is exactly what the bill provides for regret
being compelled thus 10 repeat and again, from
day 10 day, doctrines which really TO too PLAIN
Tor reasonable denial but yet am constrained do So
or submit 10 be grossly misjudged by my consi,u.
ens, and by my southern trends generally, whose favor
able estimation value most highly. or one thing am
ceran that II ever live 10 get among my constt-
eDs again, can show them wihou, much difficulty that
non e,ueGf,oa does not Intervention. and that
territorial government ohom hs Wimof Prouiso is not
precisely equivalent 10 territorial government OF which
that Pfovso is one oi The constituent elements. have
wished 10 be thus explicit, because perceive. from Ger.
tam Indications, that shall have hereafter TO explain
upon this very delicate question to those whose
political agent have the honor 10 be upon the floor OF
this body before whom my respected colleague and
censuiei as our acts may respectively seem TO demand
when, doubt not, that The same courteous and kindly
oil views between him and myself will
as that which ~ nov gong on, without the least un
kindness or dscouriesy either sde and with no dis
position TO do the least nlsslce the part OF either oil
us Yet, Mr. President. after what my honorable col.
league has said nis occasion, hardly possible that
some OF our common constituents who may read his
speech will not adopt the opinion that have been laborng
10 do them, and the South generally, met grlevous
wrong in supporting this bill the operation OF which,
he insists, TO convert that which slave territory
into free soil
Mr. DAVIS will acquit my colleage certainly OF
having any such purpose This rs proposition to take
territory from what slave State, and place IL
the disposal OF the federal government when Is clear
that majority OF the federal government opposed 10
extending slave territory.
MI. FoorE. Bat as have so repeatedly and emphat-
cally urged, is not intended TO slave territory
into free territory at all II is only TO settle disputed
boundary, and doing So the utmost is used not in
the least degree 10 disturb the existing state OF the law