The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-15

be abolished. and on the memorials Of Nathaa White
and John Harper; all OF which were seyeray laid on
the table.
Mr. + also, from the same committee, reported bill
for the relief OF Benjamin Fry; which was read twice.
referred 70 the Committee OF the Whole House, and or
dered TO be printed
Also. bl TO establish additional United States court
read twice, Mr. IT, moved that II be put on Its passage
whereupon there arose debate between Messfs THUMP-
Arb sTE1ENs Ka6FMAN Preston kN and
Mr. MORSE lthe morning hour having expred)
moved The suspension of the rules that the House might
20 into Committee Of the Whole the state Of the
Union; which being agreed TO-
The SPEAKER called Mr.. BoYD to the chair and the
committee taking up the Presidents California message
and accompanying documents,
Mr. JOHNSON, of Tennessee sent to the Clerks desk
resolutions which he desired TO give notice ne intended
to offer at the proper times and they were read as FOL
lows:
Resolved That the Committee Territories be, and they
are hereby instructed report bill admitting the State OF
California into the Union upon an equal footing with the
other composing the coniederacy; and, further,
that provisional or that may
on Of California acquired by the late treaty with the
public q Meaco nE ns % sss q he ko
such as the committee may deem expedent with
suitable giving hs % oa Ss
United States, TO be admitted at such time and pedcated
such nn Gas a. ps s
made for the immediate retrocesson OF the District Of Co
arhs hss sad Il said b
fcent mode for recapure and return Of fugitive slaves
Rssovsd That the committee report bill to this House,
embracing The specified objects in the foregoing resolution
at the earliest moment practicable
After which,
Mr. DISNEY. who was entitled to the floor. addressed
the committee for an hour saying that ne did not hope 70
influence the opinions OF any one upon the territorial
ON and a,OE n m
the country The questions in issue should be settled
calmly In 1920 similar excitement had shaken The
Se
to that now before the committee Finally, expedency
had overruled right in that case, and compromise was
progress of had brought the question back and he
conceived it highly necessary 10 dispose OF the question
at and forever, and boldly meet the consequent
for the integrity Of the Union The American people,
despite the efforts of politicians would take the matter
in their own hands # Congress fail to settle it, and will
dispose of il eventually for themselves.
The great questions for the decision OF Congress were
two in number: Has Congress the power to interfere
with the institutions OF the Terrtoes and, if SO, is il
proper 10 exercise that power He should proceed to
their considerations appealing only TO justice and reason
Il had been oracnlarly stated that ne who doubled the
possession OF the power by Congress was deficient in in
ellect, Sc Mr. d. not 10 be deferred BY the threats
and of those holding this ground Mr.. MANN Of
Massachusetts, lsad Mr. in his views, expressed to
the committee had exhibited total ignorance Of consii-
the proper sentiments OF the patriot
The power OF Congress over territory was identical
with the power with which it was endowed over pro-
|. Mr. d. held this position, and went on to show that
the words territoy and property meant in this clause
OF the constitution and the thing He held that
the order in which they were arranged defed different
construction, territory meaning in that connection but
land Congress possessed The power TO ALLEVIATE this Ter
control the disposition Of IT, This, Of necessity, EN-
braced the power to egsate for the Territories TO some
extent but not TO affect the high political rights Of the
The books recognised this distinction, as Mr. D. went
to show by quoting at some length from legal author,
ties.
be looked for in juxaposton with one to regulate the
persons of the Territories This clause OF the consttu-
ton closed with provso, that nothing in that nstrn-
ment should be taken to interfere with the rights OF the
individual States.
He believed the men Of 1887 knew what they were
about. They were not careful about granting power
over small places and 10 small matters. and careless
about il in connexon with the vast unnhabIted ierto-
res OF the West They jealous OF power given to
the government. Here Mr. D. went on to show this
fact by referring length to the history Of the
ton Of the convention framing the constitution. The
people Of the colonies for the common interest," had
banded together iOs nsigns no, local
government over the District of Columbia the forts,
yards, &C. That in order that the business OF
the government within their limits might not be inter-
ered with but that reason could not apply 10 the Terrific
res, similar power there not being necessary to the dig
nifty or the necessities OF the general government
This position could not be gainsaid by one relying on
sound judgment as his guide.
AT the commencement OF the revolution there were
conflicting claims to the vast western territories OF the
colonies and was Judged best that under certain
srctons the States should cede their rights to the
respective territories, Congress having pledged the public
faith 10 use them for the common benefit
Mr. D. al considerable length rected the history OF
The adoption OF the clause OF the constitution giving Con-
gress the right to dispose OF the Territories, &c, and
maintained that this power did not involve any such
power as was claimed for it, To prove that no power
10 interfere with the institutions OF Territories had
the general with reference to the States and
argued that the trainers OF the constitution would not
violate the principles evidently governing them in ar
ranging the duties Of the government IN the one case IN
the other proceeding pdri passu with IT,
| The gentleman from Ohio had no confidence in the
doctrine that precedent" settled this question: and
gued that there great danger in relying upon prece.
dent generally
Mr.. b denied the declaration that Jefferson was the
the history Of Jeferson's subsequent objections to the
interference OF Congress with the subject Of slavery, 10
show that he had never entertained the idea that Con-
gress could rule the Territories with despotc WILL He
MIR Jeherson) had believed that the general government
had no right any territory. and he could not have be-
eved that had power 10 prevent the diffusion OF slave
ry when he (Jefferson) maintained that IFS diffusion
would be OF advantage The assent OF the people, before
the ordinance could be binding, Mr.. ID. held,
iempaled BY those enacting thai Georgia and
North Carolina in making their cesslons TO the general
government, had stipulated against the operation OF the
slavery clause OF the ordinance and they and the rest Of
the States making similar cessonsC made them to OBJ
tain advantages, and not 10 cede them. The supreme
court OF Ohio had decided that the ordinance could