Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-09


in Congress- and think there that impoan distinction
between slavery outside Of the States and avey inside of
the States that all outside is debatable, inside Of the
States is unbeatable. The Government by no right TO
touch the institution within the States but whether she has
and what she has the right not touch out
side of the States question which is debabe and upon
which men may honestly and fairly differ but Fhich. decided
however may be decided furnishes in my Judgment no
just occasion for breaking up this happy and Union
Of ours.
Now, going to take up that part of the subject
which relates the power Of Congress to egslse either
within this Dsic- shall have occasion make some OBJ
servatons upon that when approach the resolution relating
the District-eit within this District the Territories
But must say, few words that think there are two
of power, either of which is in my Judgment su
cent the exercise Of the powe it was deemed
proper exercise either to introduce or keep out slave
nv, outside the States, within the Territories.
Mr. President shall not take up time, Of which already
much has been consumed to show that according to
Of the constitution OF the United Ses, rather
codng to the sense which the clause has been interpreted
for the last fifty years. the clause which conrs Congress
the power to regulate the Territories and cher property Of
the United States conveys the authority.
Mr. President, with my worthy friend from Michigan
and use the term in the best and most emphatic sense for
believe he and have known each other longer than be
have known any other Senator in this hall concur
although entertain the most profound respect for the opn
ions he has advanced upon the subject adverse TO my
but say, when point is settled by all the elementary
writers of country, by all the departments Of Govern
ment legislative, executive, and udcal-when has been
disturbed ill recently, that think if We are Spy
thing asxed and settled under the adminsrutc this
situon of ours, is question which has thus been in
variaby and uniformly settled in particular way Or
this conclusion that nothing nothing earth
settled under this constitution, but that every thing is
settled!
Mr.. President have recolect it is very possible
sir, it is quite ikely-tha when that constitution was
framed the application of it to such Territories Lou-
siana, Florida California, and New Mexico with
in the contemplation of its trainers. II will be reco-
ected that when that constitution framed the whole
country northwest of the river Ohio unpeoped and it
will be ecoected also that the exercise and the assertion
the power make governments for Territories their infant
state are, in the of the power temporary and
inmate whenever they have acquired population competent
for self government Sixty thousand is the number fixed by
the ordinance of 1857 Now, sir recolect that when this
constitution adopted, and that territory unpeopled,
is possible that Congress- to whom had been ceded by the
States for the benefit of the cedng State and all
other members Of the Unions possible that Congress has
occupy the public lands Suppose they took the opinion
that the introduction Of slavery would enhance the value of
the land end enable them to command for the public
suy greater amount from that Of than by
the exclusion of slaves would they have had the right
say fixing the rules regulations, whatever you choose
to call hem for the of that Territory, that any
one that chooses to bring slaves may bring them, if it will
enhance the value of the property in the clearing and
cultivation of the SOIL and add to the importance of the
try Or take the suppose Congress might think
that greater amount of would be derived from the
waste lands beyond the Ohio river by the introduction Of slave
ny, would they not have right to nterdct it Why sir
remember how these settlements made, and what
their progress They began with few believe that about
Marietta the first settlement made It settlement
of some two three hundred persons from New England
Cincinnati, believe, the point where settlement
was made 1t settled perhaps by few persons from
New Jersey, other State Did those few settlers
the moment they arrived there acquire sovereign rights
Had those few persons power to dispose Of these territories
Had they power to govern hemselves-a handful Of
men who established themselves Marietta Cincinnati
No, sir the contemplation Of the constitution doubt was,
that inasmuch this power temporary, 1t appca
BILE to unpeoped territory, and that territory will become
peoped gradually, nsesby until it reaches population
which may entle it to the benefit Of self government in the
mean time It is right and proper that Congress- who owns the
soil should regulate the settlement of the SOIL and govern The
settlers the SOIL until those ssttl acquire number and
capacity to govern themselves
Sir, will not further dwell upon this part Of the subject
but said there another Of power equally satisfactory
equally conclusive in my mind that which relates the
territories, and that is the reaymakng powerthe acquir
ing power Now put to gentlemen, is there not at this
moment power somewhere existing either to admit
cude slavery from the coded territory II not annhi
lated power. That is impossible is subssng actual
existing power; and where does exist existed pre-
will conrover in Mexico prior to the cesson Of
these territories Mexico could have abolished slavery or
introduced slavery either in California New Mexico. That
must be conceded Who will controver this position Well
Mexico has parted from the territory and from the sovereignty
the territory and to whom did she transient She trans
fered the territory and the sovereignty Of the territory to the
Government Of the United States The Government of the
United States, them acquires in sovereignty and in territory
California and New Mexico, all, either in sovereignty
territory that Mexico held in California New Mexico, by the
cession Of those territories Sir dispute that who The
power exists it does will contend for its annihila
tion 1t existed in Mexico. No one think, deny that
Mexico aenaes the sovereignty the territory, and her
alienee is the Government Of the United States The Gov
eminent of the United States then, all power which
Mexico possessed the coded Territories and the Govern
ment the United States do in reference themwithn
admit, certain limits of the constitutions Mexico
could have done. There prohibitions upon the power Of
Congress within the constitution, which prohibitions admit
must apply to Congress whenever she egaes whether for
The old States for Territories but within those pro-
hbons the powers of the United States the coded
ories coextensve and equal to the powers Of Mexico in
The ceded territories prior to the cession.
Sir in regard to this treaty making power, all who have
occasion to examine into its character and to the possible
extent to which it may be carried know that it is power
unlimited in its nature except in far any limitation may
found n the Constitution Of the United States and upon
this subject there is Limitation which prescrbes the extent
10 which the powers should be exercised. know, sr it is
argued that there grant of in the constitution in
specific terms over the subject of slavery any where's and
there is gsn in the constitution to Congress specifically
the subject Of vast variety Of matters upon which the
Of Congress may unquesonaby operate The major
includes the minor The general grant Of power compre
hends all the particulars and elements of which that power
consists The power Of acquisition by treaty draws after it
the power Of government Of the country acquired there
be power acquire there must be- to the language of
the tribunal that sits below, power govern Think there
fore, sr without least for the present. dwelling further
this parto hesubec that to the Of authority in
Congress to which have REFERRED and especially the last
be traced the Of Congress act in the territories
in question; and, sir go to the extent, and think is
in Congress equal TO the introduction exclusion of
slavery admit the argument in both its forms admit
the argument be maintained that the power exists exclude
slavery, necessarily follows that the power must exist,
10