The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23

avs and constitution Of the United States" contained no
Inhibition against the by the territorial Legislature
OF this enormous power Of regulating the domestic nstu-
uon OF slavery IN the Territory they pleased ~ was
therefore, that John e. Calhoun himself draughed 10 eomn
Tee the words OF the amendment 10 the printed bull OF ie4e
10 the effect that the territorial legislature should exercise no
power, either to prohibit establish African slavery IN
INC Territories know very well mat me MS
suggested IN the first instance, by another senator Mr
PHELPS for the purpose preventing The officers appointed
by southern President from establishing slavery by law but
Mr. Calhoun the author of the very words inserted and
has object prevent the officers from prohoilng
slavery
Now propose that We strike out those sections Of the
bill which authorize the people OF Nebraska and Kansas 20
elect territorial legislatures for the exercise of any sueh
power that go back the old principles OF the ordl
nance OF 1887 and institute IN these Territories territorial
governments such the fathers OF the republic Instituted
when they made government for bowling Wilderness TOR
that, repeat is the condition OF Nebraska and Kansas
The legislation of Congress has been IN accordance with the
views of the men of 1887 How Florida organized as
Terntoryi We acquired il in 1919 will refer 10 the
acts of Congress upon the subject for the purpose show
ing what was then the decision OF Congress established
territorial government in Florida, Did il give the people
OF Fiondaalthough there great many there and
many, too who had interest IN the soilwhat Is called
here the power of self government in the chrysas state OF
the Territory before the Congress of the United States had
an opportunity of ascerainng from statistical Information
the true condition of the inhabitants and how far they were
qualified for selfgovernment' No, sir la ha year 1921
Congress provided for the organization of governments
over Florida as the President might direct by such Off
GERS he might appoint That will be found in the fifth
volume Of the Statutes Of Congress at large page bV
Afterwards, will be found in the volume, in 1892
Congress passed law establishing another territorial
government Florida. The fifth section Of the act
declares
That the legislative power shall be vested in the gov
ernor and in thirteen Of the most fit and discreet per-
of the Territory be called the legislative council
who shall be appointed annually BY the President Of the
United States, by and with the advice and of the
Senate from among the citizens of the United States residing
there"
Thus the territorial government of Florida organized
1922 three years after the acquisition of the Territory
and from fifty hundred years after civilized had
been living there, and living under civil government too
Let us look further and what Congress subsequently
did in regard to Florida In 1898 they passed another law
for the reorganization of its territorial government in which
it is enacted:
"That the legislative powers shall be vested in the gov
and in thirteen fit and discreet of the Ter
rory, nine of whom shall constitute quorum to do busi
ness, to be called the legislative council who shall be
appointed annually by the President Of the United States
by and with the advice and of the Senate, from
among the citizens of the United Sates from among the
inhabitants of the Territory resident there at the cesson"
The territorial legislature thus organized three after
the Of Florida, consisted of persons appointed
the President elected by the people Of the Territory,
although the argument for giving them the right to elect
territorial council stronger than any which can lee
offered for authorizing the who may happen to be
cdentay in Nebraska the time they will be called upon
the powers of territorial government to do
Congress continued this prohibition and refused to acknow
edge the right of Florida segovenment as it is here
called until the year 1896 have the act Of that year
before The people then authorized to elect ter
roria legislature such is now proposed for Nebraska
the very of her career by the terms of
the bill on your table,
Now, Mr.. President, propose to take the twenty
of the bill of lS4S authorizing the appointment by
the President AMI Senate of governor, secretary and
three Judges who shall constitute legislative council and
when hereafter in the of the Northwestern Terri
tory find that there five thousand legal voters there
give them the right elect their legislative council Ne
baska being large Territory you might properly require
more men 10 give them the right of governing such
rartnp Vnt WT cnnfar he
right any circumstances egsate upon the subject
Of slavery That is not the right of sefgovernment is
the right of governing others Ii is the right of prohibiting
the saveholdng States from taking slaves to the
Territory, and the right decide the question against the
feelings and wishes Of the whole northern section of the
country When deny Congress the power TO iegsate
on this subject why should give any territorial le
gsaurei know that the face of the ocial report of
the Commissioner of Indian Affairs Congress- 1t has been
said there five hundredaome have said twelve hun
drcd--white people within these vast Territories But
Mr.. DOUGLAS. Will the allow TO suggest
that he has been led into by friend from Mas
snchuseis Mr. EVERETT, who also fell into on
that point. The the last election IN Nebraska
hundred and fourteen as appears by the files Of
sumption that one half the votes were no, given on
account Of the population being SO scattered.
MIR CLAYTO think the official report much more
reliable than that But will take that statement
The honorable says that there hundred
votes cast IN Nebraska and that the presumption is not
more than half the votes cast Therefore there
eighteen hundred voting Then there eighteen
hundred who have gone there open defiance of the
laws and IN violation OF the faith OF this nation pledged by
law and treaty the Indians II il be true this govern
has been false solemn duty expel these
voters, the senator terms them. Would the fathers
of the republic have given them territorial government for
that Even when the country sparsey settled in the
days of 1887 they considered that number OF citizens residing
lawfully Territory insufficient Justify the organization
of such territorial government he proposes Five thou
nnd fighting men, Ave thousand of full age would
be attended by thirty forty thousand inhabitants The
principle involved in this plan Of territorial organization Ia
important any other involved in this bill and cannot
consent TO such sacrifice as proposes.
MIR. DOUGLAS. II the senator will allow me- | will
tina, l645 passed territorial bill for the Terrific
ry of Oregon Oregon Territory had belonged us as
have claimed always, and maintained for half 4
century. The Indian intercourse embraced the err
tory by It's terms, and therefore within the
full scope OF the argument Of the senator number oil
thousands of American citizens had gone into Oregon in
violation Of the law and without the authority OF the
government; and, according his argument, no one
of them legal lnbabitant. Yet did provide for
them in s4s a territorial government which is now in
operation, with branches in the legislature, with the
number Of and provided
this BILL and that almost Identical with the
of this bill II was, therefore, country precisely similar
ly situated.
But | give another instance. In 1s46 you acquired
territory from Mexico In 1850 you passed the Utah bill
There law authorizing inhabian, go In there
In Utah, think, there Mexican inhnblant
siding Every went lhore went without the authority
ofaw and, according the statement OF the senator there
legal nhabitsnt there, Yet passed a terri
oria bill for them like the present BILL and put force
there the compromise measures writing this