The daily union., 1854-03-01
CONGRESSIONAL.
SPEECH OF HON, JOHN PETIT
or INDIANA;


or INDIANA
Delivered in the Senate, February 20. 1854.
The Senate having uader consideration the bill 10
tablsh territorial governments for Nebraska and Kan
Mr. PETIT concluded as follows
II is mol so important to argue here the question Of
The validity OF the ordinance Of 1887 but to carry out
the position which have taken The senator from
Michigan has said that my declaration is subject
sure i have said that his posllion was weakness
inter- absurd weakness Who is in the right, aud who
s in the wrong He has challenged me 10 this contest
and come to answer. He attacked me when was in
retirement. as have said, and he occupying place here
NV response then would have carried no wegh and no
consideration with IT, Few would have read 1t, few
would have regarded il.
Now let say to tina, senator. tha, arrsign him for
coniradclng and giving the lie TO the Continental Con-
sress Of The United States in 1857, who formed this
ordinance in the first place arraign him Tor dsputing
here the intelligence the integry and the honesty o the
Frs, Congress of the United States. under the constitution,
and Geoge Washington, the Father OF his Country, and
President OF the then late constitutional convention and
frs, presden OF the United States, who signed the bill
which wish 10 read The ordinance passed by the
Continental Congress- under the Articles OF Coniedera
lion. but the eighth law in number, which passed
al be first session Of the First Congress of the United
States under the constitution, eatrmed this ordinance,
and expressly provided:
Whereas in order that The ordinance OF ths United
in Congress assembled of lha government Of The
Territory northwest of the rver Ohio, may continue to
have u effect, II Is requisite that ce,ain provisions shall
be made as to adaptthe same 70 The present constitution
Of the Unitea States,
George Washington approved this law, and he said,
therefore. that the ordinance should have ull eecthat
should have force and vitality II was not declared
thai, adapt lis provisions TO The new constitution, it
should be enacted.
THAT in all cases in which, by the said ordinance,
any m T % 70 p a 10 n En
in Congress assebed ihsir officers Il shall be
and 10 make such the President of the
Upied States, and the president sha nomnate and, by
and with the advice and consent OF the senate, shall
pon. all officers which by the said ordinance have
appointed by the United States N Congress
by Rim and in all eases where lie United States in Con-
gfes assembled might BY the sad ordinance revoke any
hereby declared to have the same powerso cvocSon ana
'Approyed August Z. 17s9'
AT the first session of the First Congress- with Wash
nglon President. this law wac passed The senator
says that the continental Congress usurped power and
that the First Congress, composed principally OF members
of the constitutional conveniun those who were It's best
interpreters, those who directly ff9m the theatre
and lbe forum where IT was enacted, and Washington
the President were either tools or knaves IN adapting
This ordinance to the then condition OF the country Fur
tber the senator araens all The Congresses from that
time down to this, and all the Presidents Where is
your law in Mississippi, ard Louisiana, and Alabama
no. reeeRce 10 the exclusion OF slavery, TO be
bul upon kindred subject ln 1904 and 1905, the Con
gess OF the United States, when Mr. Jefferson was Pres
ident passed laws prohibiting the importation Of slaves
into those Territories. You bad no power 10 do that 10
the States II, then, the Territories had the rights
aud the powers with the States you bad no power
10 do il there But who has doubted III Where is The
Judge, where is the lawyer, who has doubted tina, the
power legitmaely, moi TO say properly, exercised
Before s0s, you could prohibit the inrodectioa OF
slaves ibe Sates from foreign countries YET you
prohibited their introduction into Louisiana and bsss
sipp and Alabama, four years before. Here then,
recognition OF the power IN the organization of those
Territories.
The senator well said that my conclusion is ieglti.
mate deduction from the admission thai there power
10 legsale or the Territories Where does your power
tha IIs havr ri
for which the senator has repeatedly voted, providing
that all their laws shall be cehed here and shall be
subject to the revision OF Congress and III contrary 10
the judgment OF Congress, shall be null and void How
ii that you reserve such Iigh,l Why do you vote
for such mockery, when you say you have no power
II you have power, strike out The provision resevipg
TO YOU veto on the acts of the territorial legislature
In Louisiana, you organized at hfst Territory with a
legislature such as you have given to other Territories
but the very neat yeafhnding that did not work well
that the people OF Louisiana were not saf1cieny Amer
canized that early day TO understand The policy and
Of procedure under The government ap The States
which formed ilyou repealed the provision giving them
legislature and left the Territory 10 be governed BY The
imperial power OF governor and three judges and you
authorized them 10 make all laws What is that but
giving them imperial power' II was power given 10
three men, not selected by the people, no, chosen or de-
sguated by them, and whose acts or conduct the
people had not the slightest influence They were APP
pointed By the executive, and confirmed by the Seaae
and those officers bad absolute power over the Tenn
tory subject to be sure TO the revision oil Congress Was
not this a recognition OF the power for which contend
The gentleman SAYS that The then President Mr. Jeae
and the then Congress, like their predecessors,
either fools knaves when he Gays there power
In Congress over the question.
From the beginning OF the government, Congress has
exercised this power the Territories under Wash
ingon under Jefferson, Madison, Monroe, Jackson,
Van Baren, and Polk. Nearly all OF them were
southern men against whom this view would seem to
initiate but they have all alike affirmed the power all
alike have approved bills containing IT. All these polii
cal precedenls however In the view Of the senator from
Mthsan. are TO he held dross. They must all give
Way 10 the bidding OF this mighty intellect ar modern
dlscoveres According 10 his view, there ~ power
in Congress the people OF the Territories and these
who asserted II have been fools or knaves re.
peat sir, that this view is weak that il is beneath rdi-
cule or contempt
But, sir what iariheri Not only have acted upon
these political precedens down 10 very late day; not
only have Cong and Presidents ACKNOWLEDGED this
power but what have courts aud elemental wIi-
tiers said Let say the senator that heIs not
court federal or SaieNolh Soath-where the ques-
lion has been rased bat has affirmed The power There
is not an elemental writer the constitution, North or
South, high or low, bot hss affirmed the power. shall
besble to show this without reading at length all the
tracts which have.
Mr. Justice Story who il desetvedly regarded as high
authority in his work on constitutional law expressly
afms and recognizes The existence OF the power Chan
celor Kent expressly, and in form, avows the doctrine
Mr. Rawle in his work the constitution, expressly
contends for the doctrine, and says, what have said
that Congress may give these Territories any form OF
government they may ht, aud that II naturally and
necessarily ioows # you have any authority, you have
complete authority them; Tor they are not parts OF
The United States They have never formed independent
governments, and have become houad with you to
protect and defend the constitution. They have no rep
tesentaiion hee--no senator's repTesenatives-snd
tbey are therefore, no part OF The United States, and