The daily union., 1856-12-27

On the question Of referring the Presidents message 10 the
Committee OF the Whole the state Of the Union and
the printing OF ten thousand copies thereof delivered IN
the House OF Representatives December l6I 1906
MIR. JONES, of Tennessee said 0s.
The question in issue between the democratic party OF
the counry and the aboonzed wing of the know moth
ing party under the Of black republicans In the
late presidential contest to the power OF this gov
and its exercise the Territories OF the United
States This has been the question between the northern
antislavery portion of the ooniedeacy and the demo-
cratic party from the organization OF this government
down to tho present time And sir while this question
has frequently been before Congress IL has never beeen
but II has caused agitation and excitement through
out the country. \. ........
There have been what are called compromises the two
memorable of which passed in 1920 and 1850
But Mr. Speaker there has been compromise be-
tween the democratic party and your party-the anti
slavery of the North Whatever Of compromise and
concession has been had upon this question has been
me par, OF the democrac party =. ge on 70 soe gouaa
upon which we, the constitutional party could agree 10
administer the government The two parties in the late
at direct issue upon this question The re-
publican party laid it down their fundamental creed on
this subject that the constitution coners upon Congress
sovereign power the Territories of the United States
for their government and that in the exercise OF this
power ii Is both the right and the duty OF Congress pro-
hbit in the Territories, those twin relics Of barbarism
polygamy and slavery" Where sir, would ask, is the
sovereign power TO be found in the constitution OF the
United Sates2 deny its existence II cannot be found
| in that clause which provides that
Congress shall have power dispose of and make all
needu rules and regulations respecting the territory or
in this constitution shall be construed prejudice any
claims Of the United States of any particular State"
It is unnecessary go into argument to show that
in this territory is but synonymous term for
land that this clause coners Congress the power to
make all needul rules and regulations concerning the
public land of the government l hold that under that
clause Congress has the same power to dispose OF and
make all needul rules and regulations respecting the pub
lie land within State that il has within Terrory and
whether in State in Territory when the govern
ment sells land and vests the title in the purchaser Con-
| ntaa n
of the constitution 1t has power TO make rules
and regulations respecting that land Where them does
Congress get the power erect territorial governmens
for one believe that there express power delegated
to Congress form territorial but the gov
ernment owning Territory large extent Of country
i with government organize over IT. and owning the
public land az property Congress prescribes the rules
under which that country be settled and afterwards
provides for the sale of the lands Then sir in accordance
think with the great principles OF government
,esysd and carried out in all constitutions this law Of
Conress called the organic law Of the Territory, derives
its vitality from the Implied assent OF the reemen who set
Territory The people who settle the Territory,
under the rules and eguaons of Congress the source
of its vitality Suppose when the organic law of the Ter
rtory passed. goes there to settle because OF the
rapugnance OF its provsions what then becomes OF your
/ poweri
4 hold Mr. Speaker thst in government, taken in
all its ramfcatons OF State ana federal relation, power
is originally in the people, that the people OF State can
do ythn through their legislature which is not pro
hbited by its constitution the constitution OF the UNI
ted States hold, further that this government formed
fay or egmatey except what is expressly delegated,
or necessary execute delegated power and that the
people Of the Territory under tn clearly expressed pro-
visions of the Nebraska act do everything not
yolsve of the constitution Of the United States nor OF
that act call the republican oarty--as they cail
themselves-to poat oct where they find soVeIegn
power wha Tbsn ins siHs 'a Of doctrine 0u : W is a'
a"spotism Ii Is power identical with
that claimed by the British government over these
colonies prior the Declaration lndependence' Inc
Ia. IL. N, haox
for the government Of the Territories The British soF
claimed sovereign power 10 bind these colonies IN
all things and respects whatsoever That claim OF Grest
Britain called fathers TO assert their rights In lo
and when the struggle they framed this govern
men the blessings of which we now enjoy such the
claim of the republican party. think the position OF the
democratic party equally clear and much more conss-
tent with the great principles of freedom and republican
ism than the despoc doctrines Of the sesyled rePuol-
can party. What Is republic II Is as understand y
that which imbodes the public sentiment and
executes the public will Yet the republican party under
the false cry Of liberty and freedom claim the right for
Congress govern the citizens Of the Territories IN all re-
spects whatever without their consent
But the power govern the people residing in the Ter
rorss is vested somewhere The power to form and reg
uate the domestic institutions In Territory is not sus-
pended In sbeyance To solve the question let US sp-
4 poai to tho constitution, where we will bnd that
"Tbe po~ers not deegsted to the United States by the
constitution prohibited by % the states are reserved
TO the States respectively, or 70 the people
Il This provision OF the constitution disposes Of all tho
powers necessary be exercised under ohr forms Of
ernment including that TO form and regulate the domestic
lnsutu tons OF the territorial governments slavery inclu-
ded Ny friends Of the South will agree with without
an exception that the power Is not in Congress and
not be egumasy exercised by the legislative branch Of
the general government All vl agree that 1t is not in
the States any Of them No State can rghdully
exercise power or authority beyond It's defined limits. II
not in the general State government must either DO
iu the people Of the Territory II Is In allegiance The
clause Of the constitution which have read forbds the
latter conclusion and consequently conclude that this
power is in the people Of the Territory because II Is
delegated TO the United States by the constitution
u nor prohibited by II to the people
But sir said that believed the position Of the demo-
cratic party in the late contest and at the present time
vas equally clear with that Of your own And will go,
not to Cincinnati platform but 10 the
act tself what those principles and wherein
Of who belong to the democratic party disagree
The nineteenth section Of the act organizing the Territory
Of Kansas after having prescribed the boundaries Of what
to be the Territory Of Kansas provides as follows
II When admitted as State States the said Territory,
or any portion OF the same shall be received into the Unien
with or without slavery their constitution prescribe
\ AZ the time OF their adnisgion."
VI Now is there any doubt Is there any uncertainty,
any vaguenes whateye that provision OF the Kansas
bi7 II Is clear and explicit and take II for granted,
and 20 upon this oor that there 10 not member OF
the democratic party here, here who has acted
with that party In the late contest who does not unequv
ocay subscribe TO that provision In the Kansas act and
Who does stand ready whether he be FROM the North
or the South vote for the admission Of Kansas
State into the Union, With Der constitution as the people
there the bona d> residents and Of that Territory
shall make H. whether II toerates prohibits slavery.
Then right in that position there s no discordsncy
or srng ip the democratic parry In reference to that
Qrest frst principle of the kansas act
How IL Eh you, Mr. Speaker and your party, calling
vo, -seves republcsns2 WIN you is there Of
onr narv Ia this hall Who will vote to admit Kansas