The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-02

the Territories not Vt ALL
Ar s 70 ! beg The senator to do ms justice
Il The PRESIDENT. Order!
Mr. E0 s, Allow me to make an explanation
char Does me senator from Georgia yield the hoor
i MT bEkklEN. Certainly sir.
Mr. FOOrE. Well, sir, the honorable senator has
soea!sd mo with my rsad from Michigan in regard to
this doctrine Of non. enon hpught be knew that
il was my mistostuneior 30 consider j, evero differ
with that honorable senaior notwithstanding the very
high respect entertain towards him II WAS my mslor-
tune to dier with hun IN this precise question ana Ia
the few words have just now submitted. distinctly
dsavowed the doctrine maintained by the senator ~ 70
the power gwen TO the territorial Legislature BY Congress
and al the same time asserted that IN my opinion, Inc
territorial legislature Could not have, consistently WIN
the constitution, any authority 10 egsaie upon The sub
lect OF slavery That is what said
Mr. BERRlEN. understand the position OF the SEN
aof from Mississippi and think understand that o. me
senator from Michigan. have made the proposition
that the territorial legislature had power but that
which conferred by the acl organizing territorial
government. That OF the propositions contested
by The senator from Mississippi as well as By The sena
Mr.. FOOrE. will only say that in that respect. |
was properly understood BY The senator from Georgia
TO lesi slate upon the subject OF slavery
1 Mr.. BERRlEN. That is the original proposition to
which referred, and relation to which infer unity
Of sentiment between the two honorable senators Now
sir they not in upon that subject this govern
menl has been in ab intto. This government has
at all times exercised absolute, controlling power
the government of the Territories. You began by the
organization OF government in which there was no rep
resentave constituted OF governor and judges; when
the population amounted TO certain number, you author
lied limited representation You have from the very
origin OF the government held every act OF the legislature
which you have created in the Territory subject to your
revision And unless il was an arrogant usurpaton OF
power, bow il be maintained that the rights OF self
government in the people of the Territories, except
conferred by the Congress OF the United States IN the ex
ercise OF its power to create territorial governments!
told BY the senator from Michigan that this is doc
rne better suited to Constantnope than 10 this country
That honorable senator will permit me to exercise the
right OF Judgment that he does what doctrines
are not congenial 10 the country which gave me
birth. repeat thai thus doctrine congenlal to the
region OF Constantlnople, the Congress OF the United
States has been usupng authority from the very ionnda
ton OF the government.
The honorable from Michigan says this is the
great principle against which fathers commended
when the British government claimed the power to
bind the colonies by the legislation OF the mother
country and that these colonies, exercising that
power OF sefgovernmen supposed to exist in the
Territories of the United States, resisted as he resists
the assumption OF such power the part OF the parent
government Has the honorable forgotten the dis
Uncon between the situation OF the American colonies
and these Territories acquired from Mexico Does he
know that these colonies had chartered rights granted
by parent government that could not be invaded and
it the assertion OF these chartered rights Tor which
fathers conended They never maintained the prop
osion that intrudng upon the public TERRITORY OF the
King OF Eng and, they could to themselves the
title OF one foot of the ground upon which they stood
They asserted their right under the charter by which the
jurisdiction OF the soil was placed in them, the title to
ercse Of their chartered rights. II the senator from
Michigan nvokes the example OF ancestors to main
tain the extraordinary doctrine he asserts here, that The
people OF territory, the moment they put themselves
upon II, licensed to control at once, armed with
this inherent power of self-government he IS using
argument That think will fail in It's application. | am
standpg upon as rm basis when that the pow.
winch be exercised by the territorial legisa
lures powers which are to be derived from this gov
ernmen whose heads authorized the territorial govern
menis; and invoke support OF that proposition your
record prove that you have from the origin OF this
government exercised not merely the power TO create
governments but the controlling power over Their acts
aud reserved to yourselves the right OF declaring them
good, null and void if they are not consistent with
what you deem right ask the honorable senator from
Michigan what has been done upon the part OF the Con-
gress OF The United States TO maintain his proposition OF
the absolute inherent power OF seifgovernmen on the
par, Of the people OF these Terltorias'
But il is said that the absence OF the provision
here contained and which is the object OF this amend
to strike Out, the territorial legislatures will not be
able 10 exercise this power OF legislation grant you
II the judiciary authorize the formation OF opinion
which have had heretofore to express, this
not rghtlul subject Of legislation But, ia the mean
time, what prevent the legislature OF the Territory
from exercising their discretion TO what constitutes the
rghul subjects Of legislation. subject only to the con-
trolling power OF Congress declare them good, or null
and VOID Does the senator from Mississippi feel that
he is quite safe il the territorial legislature OF New Mexi
co shall the power TO prohibit slavery IN obtain
ing legislative majority in Congress to annul that act
confess not and therefore It Is thai have en-
deavored to withdraw this subject from the action OF the
territorial legislatures And | trust ! have Withdrawn
my remarks from the inconsistency imputed to them by
the senator from Mississippi.
| MIR DOWNS shall make but very few remarks in
reply To the argument oil the senator from Michigan He
seems 10 think that any restriction upon the territorial
legislature is exercising the power that the British
government sought TO exercise upon the colonies shall
stop TO argue that point but refer 20 the very bill
reported by the Committee on Territories, and show that
there several clauses restricting the action OF the ter
toIa legislature Ia the tenth section clause pro-
hbtng the legislature IRON passing any law not con-
sisen with the constitution oil the United Staes-to pass
any law not consistent with the bill itself Another re-
sirc,on is, that they shall impose taxes or inter
fee WITH the public lands another that they shall not
the property of esdents higher than that OF res
ldents. How many more restrictions there are do not
know Now, this bill the argument OF the hon
orablc This is the first time have ever heard
that the power OF the territorial legislatures was not
limited by Congress. II not by them, what is II limited
by There State legislature in the Union that is
ing to the doctrine Of the honorable senator from Mch
gan the territorial Legislature is perfectly absolute and
despoc tar beyond any State government in the Union.
II no limitation be imposed venture 10 eay-though
have examined alltba there has not been slng
territorial bill passed that does not contain restrlc
ton upon the action OF the territorial leg sature The
supervision of Congress fundamental law OF the Ter
/ rltories
Now, Mr. President, the honorable senator from South
Carolina and the honorable senator from Georgia have
explained much that had TO say the question OF
intervention which this amenamen Is supposed to vlo-
late consider that the striking out OF this amendment
| is violation Of that principle. We ought TO look at
things by what they mean and not by their words. This
clause has adupex phraseoogy-thc establishment or
the prohibition OF slavery Nov all know that the
al Wu In