The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-23


What the constitution permits Congress may do. and
nothing more II the constitution permits TO institute
governments for the Territories and wilhholds the right
10 interfere in their internal concerns while the former
may be exercised the latter must be avoided and all the
scholastic ehnements OF the olden OF the latter times
change, in jot or lile this Fundamental prop
Osition This political axiom will hardly supersede the
constitution Congress the right TO authorize the
people Of the Territories to meet in convention to form
constitutions and Stale governments In like manner il
the right to authorize the people OF the Terrific
ss to exercise many OF the privileges Of self
And its power to do this must be tried not by its power
to do great deal more but by the great charter the
fountain OF It's authority Whether this difference in fact
exists between the power Of government and the power
of internal legislation under the principles OF the cons
uton precisely one OF the branches OF the inquiry be-
fore us.
With respect the exercise OF legislative power by the
people OF Territory il is assumed here by majority
OF the speakers that that oical condition is boon,
conferred by Congress- and that il may be enlarged,
restrained, withheld, may suit their views from
time time 1t is not necessary for any purpose pro-
pose myself that should undertake strictly to define
the relations between the general government and these
territorial communities, or endeavor with actual pre-
cison to show how far may impose restraints upon
them in our supervisory character, if consider
selves authorized by the constitution, required by
imperous moral necessity to establish over
them do not deny that there is here reasonable ati
tude for sound discreon nor that their peculiar rea-
scribe the general principles of their political organiza-
ton. From their situation and condition il is difficult for
them to institute the primary measures themselves and
cases
be that union Of opinion and Of action. without which
social order would not be secured When however, they
find themselves in the face Of this necessity, from the
neglect OF the general government to act as in the cases
Of Oregon and Of California they will always be ready
and able to avert the evils Of political disorder, by po
litcal organization adequate to the end to be proposed
and no one here will deny their right to do 50 under
Omng, then, all consideration Of the peculiar princ
pies which should be kept in yiew in the establishment
Of these local governments, such the qualification of
essential to public and private prosperity there is broad
boundary between rights and their duties. which we
pass Inadvertently and ought not to pass design
eddy And that is the great principle have endeavored
to illustrate and enforce-the right to manage their own
internal affairs in their way, rest raned only by this
quasi constitution, the law establishing their government
and by the constitution and the necessity, which is our
only justification for action, requires US to no further
Social order is secured and there our action should stop
exceptions wholly unnecessary and unustfabe, / has
always stopped. The necessity ceasing the legislation
arising from should cease also And this result equal
y follows, watcher this necessity constitutional one,
derived from some grant Of power which cannot other
wise be exercised moral one, requiring the egsla
ture to assume authority not granted to Them to avert
greater evil and for which they responsible to
their constituents A dangerous doctrine. indeed, and to
be narrowly scrutnized, when put in practice.
And this brings to the nature of this congressional
legislation and its effect upon the people Of the Ter.
rories Does enable them to exercise portion OF
their natural rights, by providing for the organization OF
their the acts OF Congress passed for the
enable
Slate constitution or does i confer upon them these
rights well the means OF enjoying theml Do they
belong Congress first, and they then doed out to
the people as far and as last as may suit the
mts Had II not been for the lesson which this discus
sion has taught us, should not have supposed there
was man IN TINS broad republic VINO was no. no.
things that are Casars--to attribute to the people
the things that belong to them. But il is not The
doctrines we have heard advanced upon this subject
nror iaalv fhnQax vb n are n
in Europe, and which have achieved temporary tri.
umph in Hungary, in Italy, and in Germany; and they
are maintained and illustrated by me same or BY kun.
therefore zoe have The right 20 iegias ousr e Territories
~ all cases Whatsoever The major includes Ae minor
The Ess There can Be- no half sovereignty; therefore he
Territories haze rights Congress IS made to confer
power does not possess and thence footcs that these
unfortunate COMMUNITIES may be sold into slavery and so
on to The end Of The chapter, from Poland to Oregon
And human rights are thus ttered away and sacrificed,
not 10 constitutional! principles, bat to metaphysical re.
nements which might almost provoke the envy OF the
Sagyrte himself and OF the whole peripaietc school he
founded And in similar spirit il is clearly proved that
as one does not make people, we must show by
and howJar apart they must reside 70 make ttco peoples
il is vain TO talk OF their rights or their wrongs or TO
secure the redress the other He who undertakes to
apply the square and the compass to human rights natu
raj OF political will fad he is dealing with subject be-
yond his reach and which has euded many mightier
grasp than his own
Ana asked, Wnere Old the people OF
res get the right legsate for themseivesl Where did
they get III They got il from Almighty God from the
same omnpoten and benefcent Being who gave us our
rights and who gave to fathers the power and the
will to assert and maintain them
am not speaking OF a revolution. That is just rem
edy for violated rights But speaking OF right in
herent in every communitythat OF having share in
making the laws which are TO govern them, and OF
which nothing but despotic power can deprive them;
That power in Europe is the sword. Here political
metaphysics to take its place The people of the
Uoffb fu f,f N
government OF bringing II into practical operation, IRON
congressional nterpostion and they then possess with
other limitations than those arising out oil the con.
stution and OF their relations TO the United States
Their powers OF legislation embrace all the subjects be-
longing to the social condition There is act Of Con-
gress respecting any OF the Territories which undertakes
to enumerae the various objects Of legislation, and then
conveyed, with the very few exceptions have stated
and these are expressly withheld The only one, indeed
now recollect though do not speak positively, except
general provisions for the security OF private rights, ~
the unconstitutional clause prohibiting slavery and II
follows from these views, that the territorial legislature
possess full authority over all the OF life
the relations OF husband and wife, OF parent and child
OF guardian and ward, and, il the interpretation OF Con.
gress is unconstitutional, over the relations oil master
them The objection have often heard repeated, that
these legislatures cannot act upon this subject because
Congress- having power ITSELF can grant none Tor that
purpose is destitute Of any real foundation IT, indeed,
there is any constitutional prohibition, direct or fairly
implied which opposes their exercise Of this power then
OF course II is withheld from them As that question
not in my way shall not turn aside to seek il, but shall
content myself with saying that see no such
and that believe the people OF the territories have Just
,h. y;xh in af al