The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-21
CONGRESSIONAL.
sKErcH OF THE sPENCH OF mn. wELLB0an,
or GEORGIA,
Ia the House Of Representatives. Friday. February is,

Ia hs House Of Representatives.. Friday. February l5
Mr., wELLBORN saids
The honorable member from llama Mr.. FrrcHl ex.
pressed ia the OF his argument on yesterday the
opinion that the passage or the ordinance OF 1851 for Inc
government 81 the Northwestern Territory containing
clause prohibiting the Introduction Of slavery therein.
was IN ELECT the setting oil just precedent for its uni
form exclusion from all subsequent territorial acquisi
tons oi this Union That proposition requires review of
lew OF the historical circumstances in which that ordi-
be passed Ii enacted BY the Congress
OF the confederation Now. when The articles OF conedera
ion wcrs adopted The States which parties them
embraced within their respective limits They had no
territory, IN The iii which apply that 10 n-
appropriated lands from time to Time held ia common BY
the United Sates And the member who used that argu
will take the trouble to look through those articles
he will find no remark which can Justify the idea thai
!scria ssag,s's'cps s.s anticipated Sy hem When
the States in common came 70 be made BY the States sep
aratey, the Congress OF the confederation found itself
new Of things, not contemplated By the articles Of
confederation, had ifanspred Ii in these precise
circumstances that the Congress- OF the confederation
with very patriotic intentions. doubtless hui in manner
wholly irregular enacted and put in operation over The
territory referred TO By the honorable member, the ord
nance under notice
commenting upon this course Of conduct on the part Of
the Congress OF the confederation respecting that terri
tory, said: esa ass NV sss
Congress have assumed the administration of This stock
They begun render Il productive Congress
undertaken do they have proceeded 10 form
sa,s. 2 erect ,smporay e ppon. officers
Sta shall be aded into the coniedeacy All this has
been done and done without the least color of
nonal authority; yet no blame has been whispered, no
alarm has been sounded" !"
We thus perceive The anomalous nature Of this proce-
passed into execution before ts present federal Govern
nent formed Before passing from it, ask attention
10 the last member oi the 9th article Of certain compact
expressed in it between the original States whose Con-
tho MI fbQ far
plated to be formed out OF it. II is in these words:
Psoedsd ai,eays, That amy person escaping into the
say os y e orns sas sne bs
fully reclaimed and conveyed % The person claiming his
her labor or service Us aforrsaid." n
Did the trainers Of the constitution contemplate as the
honorable member from Indiana insists, the exclusion of
slavery from all territorial acquisitions following its adop
toni What is the evidence which this opinion rests
The subje7 To rest the proof Of j, this, would be to
argue that what is mol dspovcd is to be taken exist
Bear in mind. that this ordinance covered all the
Tory held y common by ne States o. THIS Union on their
the ID section Of the 4th article of the constitution o
the recovery OF fugitive slaves. il will be that all
the protection which, in the existing condition Of things
was practicable. consistently with the grand idea Of form
ing c0nfederacy OF States exerted IN bea Of the
Institution If dapsry The framers OF government
NJ ~ s. nsu % end y
hbit the Sidfes from adjusting within their limits.
on scale q permanent policy. matter 90 strictly DO
parture from the whole theory 81 The Union conempiaed
Both in the States and Terfory OF the Union hcwever
recognised properly in The slave Yet Is in these cir
cumstances that the gentleman from Indiana argues that
to look the ordinance of 1851 as an authorize
tive guide TO The exclusion of slavery from our present
Territories. and indeed from all in future acquired
Now. 70 perfect the argument TO which am replying
two things obviously necessary First. that masi
appear which does appear, viz that the trainers
OF the constitution contemplated the acquisition Of
territory by the government Of this Union. Secondly
m nd
States in ratfying the constitution, that should territory
be acquired, an effort would be made by the Congress
ago. heard the onioa expressed BY the gentleman
from Ohio. Mr. RooT.J who is equally struggling TO
maintain the unsenabe proposition under notice. that the
present in The minds OF the trainers Of the Constitution
bat thai the only right this has to make such
acquisitions results 10 q as merely incidental 10 the
ses from the conclusion that all Confidence IN the
truth OF the latter must be destroyed Need add that
similar belief to that expressed BY the honorable member
iron IRON ono has ever prevailed e greater Or less
edged ability and deserved influence this government 20
yet further, and maintain the ground that satisfactory
authority exists ior presenting that ! was originally The
this government with the authority, through the
medium OF any ali OF its powers, extend any way
whatsoever the territorial Limits Of The confedeacy formed
BY constitution much less any human sagacity
essay fahom with confidence the unexpcssed mind oil
the trainers OF the convention the subject hand and
ailm that covered he point ~ controversy Thu. we
perceive the shadowy and unsatisfactory nature OF the
grounds on which this most dsparsging proposition TO
The slave States is attempted 10 be upheld But the propo
sIlion Is not only unsupported by sufciept proof
opposed 10 strong probabilities When we reflect that the
maoiy OF the States which adopted the constitution were
slaveholdng; that the privilege o importing slaves
IRON foreign STATES for period Of twenty years. was in
serted as term IN The compact OF the Union; that the
States entered the Union equals, and sedulously
guarded their prospective uzty that The restriction
conesded toE 10 At variance with fair anaoges applicable
10 their common territory and dspnSaging rejection
upon that potion Of them sganst whom operates; s II
moi improbable that any such purpose that conended
ior ny the honorable member from Indiana entered
the compact OF tue consttnfioas The idea, humbly
submit, ls little less than extravagant M4et -
But, Mr.. Chairman, the honorable member from Ohio
argues that the power OF this government the new
Ierntonee Is unlimed one, and that therefore no
wefounded complaint lie against lie exercise in the
passage Of the threatened rescuon which he ayows
himself unaiieraby devoted Here opinions are a. dis
has satisfactorily shown that the jurisdiction OF Congress
the new Territories Is without limitation II has
been often significantly Inquired whether Congress may
establish monarchy or national church in new
Territories Certainly fcannot be maintained that either
the great body Of American statesmen people.
whether ghtor wrong in moi doing 50. assent to the pro-
position that Congress- may do in The Territories what Il is
iorbaden universaiy to doin the constitution But were
that conceded, which not proved, VIZ that 4 u imPos-
Hble 10 find technical limitation o the power OF Con-
gress the Terrcfies. thc.questOn would come
back upon each instance Of the proposed exercise OF
IT, Watcher eye being had TO The nature OF the
title by which the power held the appropriate objects
o. that power and the just rights Of all interested IN
From such practical guides TO The exercise OF Il as ~ 10
The power without plain breach OF faith. From this,
take 1t, there can be no escape.