The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-11

the bin desires Congress per ss TO establish slavery No
friend Of the bill desires Congress to prohibit IT, II is
support this bill ,tE lETeft
Next lei consider the following portion Of the last
preceding clause OF this section. 1t reads
but . leave the people thereof perfectly free to form and
regulate their domestic institutions in their way sub
lJeet only 10 the constitution OF the United States.
This connected with that portion of it Immediately pre-
cedng IN this section began the radical and reconcabe
nenencc OF opinion some gentlemen from the North hold
ing that u docs not affect destroy in any manner The
force OF that part Of this section repeating the Missouri line
whilst on the contrary, my colleague mr. FRANs and
the gentleman from virginia Mr.. MnLsos hold that it
most vity impas the repeal and they both object TO it.
And now the question is what effect is this clause to
haye What power does Il confer, and can DC under
Mr,sIMMONs. win the gentleman from Maryland al
4 low ne % ask him question here 88
4 y MrlHAMlLTON Yes, sir. 4 a1aGe5 Hassa
4 re 81 siaAoNs want 70 know what the effect Of the
bill will be rs TO authorizing the people Of the Territory
repeal this very act which we are passing now
Mr. HAMILTON. Well, sir, / will answer that question.
think they do not possess the power it being act of
Congress- and their organic law whilst in territorial cond
/ ton. le #f5@ H...##t &a# gft
remember full well that in Congress- in 1885, the gem
tleman from Virginia Mr. MnLsos,] who takes exception
to the bill and to this section offered amendment here
to obterae the Mexican law claimed to exist Utah. pro-
fessng At the time that he did not believe in its validity
He said oblterate this Mexican law all want is tab
Ia rasa do not ask the establishment Of slavery, but
want the Territory clear of the Mexican laws Well this
bill neither establishes nor prohibits slavery.
1
interpretations constructions, and only two; First
either that the people there have the full right and power
to determine, control and regulate all their domestic in
sttutis whilst they in territorial condition.
ond chat this right only applies when they come TO form
themselves into States and not before One the other
of these constructions must be taken will take either
and sustain the bill. But if the power given by this con-
ssructon by which the people whilst in territorial cond
lion possess this power be taken and denounced as
% oy ra S0 n0 bnt es W
people of the Territory have the full and undonbed power
under this BILL to manage for themselves at all times
their local institutions put it to gentlemen from the
South Iputit republicans everywhere all the Union
whether they prefer the Missouri line the Missouri excu-
son the Wmot to this power Of the people to decide
for thelnselyes2
This question choice between the Missouri exclusion
and that pooer regulated by law. Will the people of the
South will republicans anywhere in the Union prefer the
arbitrary and unjust act of Congress- which forever pro
its the people in the territorial condition. and which would
by the force of its language possible prohibit the people
Of the State formed ont Of it from the exercise of dis
creonary power upon the subject of slavery to this bill
Admitting this to be the true construction viii they still
cling to this wrong and arbitrary act maintain its vitality
and legislative efficacy rather than should be obiteraed
wiped out and this other substituted This is the ques
ton we are now TO consider and determine
Dir. Chairman, you now have the Missouri hneI !
you have the Missouri prohibition; you have the
modern Wilmot proyisoh And yon arc, by your ac-
ton this BILL to support and cherish it, you to
repeal, annul, destroy it Which will you do2 For my
self speak prefer the right and the power Of the
people, under the constitution Of my country, prefer to
those who leaving their homes here go far
distant territories the wild and rugged wilderness to form
for themselves their little communities to plant the
foundations of future and great States and to determine
for themselves their domestic Institutions do this be-
il is right and in accordance with my sympathes
because the condition of the territory and of the country
makes it expedient and will justify II because there Is
oyerrulng necessity why should be otherwise why Con-
gres egsated this prohibition on i in 1870 and why
should be continued; why Congress should legste
why its legislation if wrong inudcious should be con-
tinued and enforced.
But as to the only other construction that can be put
lur of Tbp In hat tn
determine the question Of slavery under this bill only
arises when the people Of the Territory to form them
selves into State government and not before and that
all times before this the Territory is open the ngress
the STAKEHOLDER with his slaves II is maintain under
this construction that though this part Of the section con-
neced with another section of the bin which extended the
legislative power aa the rightful subjects of legislation
consistent with the constitution is by words and Ian
guage unlimited extension of power by Congress to
the territorial government yet that this power subordinate
and subject TO- and qualified by the consultation Of the
United States and that therefore In whatever manner
there may be exercise of this power IL is controlled by
the constitution and Of this there be doubt And
the question here involved is hop and what extent
he constitution restraints prohibits controls governs the
territorial legislative action upon the subject Of slavery
II is necessary for me to enter into elaborate
inAion as to which is the true construction prefer
either the existing prohibition by the act Of 1920
But the opponents Of the bill urge this doubt 10 its
proper 10 be sufficient to oppose the bill
If there be doubt how the constitution will affect the
subject Of slavery in these Territories willing that the
courts shall solve that doubt and upon this bill will cheer
But the objections TO that part Of this bill which conrs
legislative power upon these territorial governments
with equal force and point be preferred against the Utah
and New Mexico, and against all the territorial govern
organized in the South and the Southwest When
refer the past legislation Of Congress win find
that the powers conferred by this bill conform in substance
to the powers conferred upon those organizations II
there be any difference possibly the powers conferred
plenary Take instances Of the organization Of
south and southwestern Territories All the northwestern
Territories in their legislative power, confined In
prcs terms TO their organic law the ordinance of 1881
which prohibited slavery. now desire to show gentle
what powers conferred by Congress the terri
oria governments of Orleans, Louisiana, Missouri, and
Arkansas and Florida.
First for the Territory Of Orleans The act Of Congress
passed in 1904, section 4
An erecting Louisiana into Territories and proy
ding for the temporary government thereof
"Sro T. The legislative powers shall be vested in the
governor and in thirteen of the tit and discreet persons
Of the Territory, be called the legislative council who
shah be appointed annually by the President of the United
from among those holding real therein
shall have resided at least in the said Territory and
hold office Of profit under the Territory the United
States The governor, by and with the advice and consent
OF the said legislative council Of majority Of them shall
have power TO alter modify repeal the laws which
be In force at the Of this act Their cgisa
legislation but law shall be valid which is inconsistent
with the constitution and laws of the United States which
shai lay under restraint burden, disability
account o his religious opinions, professions worship in
all Of which he shall be free TO maintain his and not bur
dencd for those Of another"
For the district of Louisiana Act passed in so4 sec
ton twelve:
United States shall be called the district Of Louisiana tho
whereof shall be organized and administered
tolows The executive vested in the OF
the Indiana Territory shall extend and be exercised the
tof nd ~