The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-06-27
SPEECH
HON. TlADDEuS STEvENS, OF PEssSYtFiNIa,
THE CALIFORNIA QUESTION
House Of Representatives Night Session. June TO- 1850


THE CALIFORNIA QU EsTION
House Of Representatives Night Session. June TO- 1850
Mr.. CHAIRMAN: How far Congress can legislste
for the Territories and admit new States into the
Union, has been matter Of grave discussion.
The power to admit new States is expressly
given by the Constitution. But the extent Of
that power is by no mems settled. Ia my judg-
ment il refers only TO new States formed out Of
territory previously belonging to the nation. Such
was the opinion of Mr.. Jefferson, and have never
seen il successfully controverted. Clearly that
clause conferred no diplomatic powers ON Con-
gress. Consequently, Congress could enter into
no negotiation with foreign Powers; for that
would be an act Of diplomacy. The right TO adj
NIT foreign independent nations into the Confed-
erscy is nowhere given to Congress, either by d.
rect grant or necessary implication. do not be-
lieve it exists anywhere, except with the treaty
making power. This question will probably be
seriously considered and finally decided, when
Texas comes to subdivde her territory into States,
and claim their admission into the Union, if that
unfortunate event should ever happen.
The right of Congress, and the extent Of that
right to legislate for the Territories has become
question of fierce discussion by the sblest minds
of the nation. For sixty years and upwards, after
the passage Of the Ordinance Of 1857 and the
adoption of the Constitution, no one seriously
doubted the right Of Congress TO control the
whole legislation Of the Territories-to estab
! fish Territorial Governments; create courts; fx
| the tenure Of the judges and other ofhcers--n
short, to exercise all acts Of municipal as well as
political legislation. For sixty years, all that au
thority has been exercised over the Northwest
| ern Territory, the Southwestern Territory, over
! Louisiana, Florida and Oregon. In the mean
| time, the question had been dehnityely and con-
clusively settled by all the branches OF the Gov
ernment--by Presidents, by Congresses, by re-
seated decisions Of the Supreme Court of the
United States Es PlSFy writers Story Rawle
1t Is only since our ACKNOWLEDGMENT of the
Mexican Empire, that this question has been
opened, and found able and apparently sincere
statesmen totally TO deny the power.
Those who, half q century hence, shall be led
to examine the archives Of the nation will natu.
rally inquire what new light had been shed on
this subject what new event had happened tc
disturb this well settled opinion. 1t may possibly
be found that even in this free and enlightened
Republic, men, statesmen and demagogues, were
actuated by the same cupidty, lust Of power and
of Office, which governed the people Of the ole
and corrupt nations Of the world. That an indie
pendent nation, without treaty and without war
rant in the Constitution, by the mere act of Con
gress, was corruptly admitted into this Confede
r,cy for the avowed purpose of extending th'
dbminion of slavery; and that California anC
New Mexico were acquired for the same object
But that it was found that Congress unex pect
eily to the South, determined to exclude slavery
rom them; and had actually passed bill fol
that purpose, through the House Of Representa-
lives and it was lost in the Senate only for wan
Of time Then Southern statesmen discovered
! that the only chance they had of carrying ou
Q their original design, was to deny the power o.
Congress to pass such a law They abandoned
the position sanctioned by themselves and by the
prescription of sixty years, and boldly assumed
Z this new attitude.
But to be successful, they must bring Northern
, aid to this new doctrine They put in requisition
the means which before had always availed them
the political weight Of slavery. A Presidential
election was approaching. He alone, who was
willing to receive this new light, and surrender
his conscience to its illumination, could receive
their support. Among the most prominent of the
, aspirants to that high Office was a gentleman
Of distinguished talents, Of great scientific and
y ts4ai stsainments who ksA reached the ssaturt
} age Of nearly three score years and ten. He was
particularly yersed in the Constitution and laws
which regulate the Territories. He had grown
up with them He had filed several Offices and
among tnem INC nlRucst III ooNcTu-
rnents established by Congress. He acknow-
lodged the exclusive power of Congress over
them, and its power to exclude slavery from
them He was prepared to vote for the Wilmot
Proviso, and expressed great regret that he was
deprived of the opportunity, by a debate which
was protracted to the end Of the session of 1916.
There seemed but little hope, that his Judgment,
thus matured his opinion formed with care, and
consolidated by the action OF o long life, could
ever be 80 changed as to entitle him to Southern
| support. But miracles have not ceased in the
moral, whatever may be the case in the physical
world Southern alchemy was applied; straight
| way shaking was seen among the dry bones, and
he stood up, regenerated, illuminated, and trans
formed. The scales fell from his ancient eyes,
| and he saw bright visions. He now denies TO
| Congress the least power over the Territories
To vndcate not his consistency, for that Is hope
less, but his honesty, be has devoted thirty odd
mortal pages Of speech, to show the error in.
dulged in for the last sixty years. by Congresses,
by Presidents by Supreme Courts, by constitu-
tional writer's and by himself
shall no, attempt to follow his labored argu-
ment, especially as very few Of his Southern
allies now endorse IT, All, however, must feel
sincere regret that he changed his opinions under
such peculiar circumstances
My opinion Ms TO the e1tsn of the power OF
Congress in legislating for the Territories differs
somewhat from those who admit the general and
exclusive power.
The Supreme Court, the ultimate srbiter fixed
by the People finally to decide all questions arising
under the Constitution and laws Of Congress,
have, by repeated decisions, derived the exclusive
power Of Congress to legslate for the Terrific.
ries from the clause in the Constitution which
says" The CoagresS shall haze power 10 dispose 81
and make all aeedfi rules and regulations rsspeOie
,Ia Tx~.yazu 1.d ofber yT1tHrfu 0( fLs Tinted
Satesn
do not suppose that any branch Of this Gov
eminent is at liberty practically to disregard
these decisions. II would be ss improper In the
President Congress or any other functionsry Of
the Government, as 1t would be In an individual
In him 1t would be misdemeanor. IL 1t were
now on open question: should hesitate TO rest II
wholly on that part Of the Constitution. There
is much weight In the argument that Tsrrlorp
10 used In the singular number, and coupled with
the phrase "or other property belonging 10 me
United Satesp 1t seems TO have been intended
10 apply 10 q single Territory and the Govern
lsens property therein. A. The adoption Of thu
Constitution, the United States owned but one
Territory (the Northwestern) Nor did the Con-
stituton provide for the acquisition Of any other.
Clearly, no such power IL given 10 Congress,
either expressly or by necessary implication. IL
Is to be found, IL It exists anywhere In the Gov
eminent, In the treaty making power alone. The
Supreme Court have fortified their opinion of the
power of Congress over the Territories, as the
necessary consequence Of the right to acquire by
treaty II were allowed to Indulge my own
judgment, should place the right Of Congress to
legisate for the Territories acquired from foreign
nations whoiiy in the consequences resulting from
the right Of acquisition.
BY the law Of nations, when nation acqaires
Territory, either by conquest or treaty, II be-
comes subject TO the will Of the acquiring Power,
The laws Of such Power, however, do not spread
over It until some express legislation. In the
mean time, their own laws remain In full force.
Not unfrequently such subject provinces are for
a long time governed by very different laws from
the country to which they become attached. Can
ada, and other British provinces, are TO this day