Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-01-06
SPEECH OF
HON. GEORGE w. Jones,

ives, december 10, 1000.
Mr.. Jones, of Tennessee, said:
The question in issue between the democratic
party of the country and the sbolitio1zsd wing of
the know nothing party, under the name Of black
republicans, IN the late presidential contest was as
to the power of this government, ard is exercise
over the Territories of the United States. This
has been the question between the northern anti
slavery portion If the COME leracy and the demo-
cratic party from the organization of this govern
meut down to the present time. And, sir, while
iris question has frequently been before Congress
it has never been here but it has caused sgi.Bton
and excitement throughout the country.
There have been what are called compromises:
the two most memorable of which were passed in
1920 and 1850. But, Mr.. Speaker, there has new
er been a compromise between the democratic
party and your party-the anti slavery men of the
north. Whatever of compromise and concession
has been had upon this question has been on the
part OF the democratic party, to get on to some
ground upon which We, the constitutional partv
could agree to administer the government The
two parties in the late were at direct issue
upon this question. The republican party laid it
down as their fundamental creed on this subject
that "the constitution conters upon Congress soy
eTeigu power over the Territories of the United
States for their government and that in the exer-
else of this power it is both the right and duty of
Congress to prohibit in the Territories, those twin
relics Of bsrbsrism, polygsmy and slavery"
Where, sir, would ask, Is the sovereign power
to be found in the constitution of the United
Ststes2 l deny its existence. 1t cannot be found
in that clause which provides that
Congress shall have power to dispose Of. and
make all needful rules and regulations respecting
the territory or other property belonging to the
United States; and nothing n this constitution
shall be so construed as TO prejudice any claims of
the United States, or OF any particular State"
1t Is unnecessary to go into an argument to show
that In this Connexion territory Is but synony-
nous term for land; that this clause confers on
Congress the power TO make all needful rules and
regulations concerning the pubic land of the gov.
eminent. hold that under that clause Congress
has the same power to dispose Of and make all
needful rules and regulations respecting the pub.
lie land within State that it has within q Terri.
tory and whether in q STATE or in a Territory.
when the government sells land and vests the title
in the purchaser Congress executes all the power
It has under that clause of the constitution. Il
has no more power TO make rules and regulations
respecting that land Where then, does Congress
get the power to erect territorial governments?
for one, believe that there is no express power De-
egsted to Congress to form territorial govern
ments but the government owning Terrtory-a
large extent OF cOuntry-with no government or
gained over it. and owning the public land as pro-
perty, Congress presCribes the rules under which
that country may be settled and afterwards pro-
Vides for the sale of the lands Then, sir in &C.
cordRnce, I think, with the great principles of our
government preserved and carried out in all our
constitutions this law Of Congress, called he Or
gsnic law of the Territory, derives its vitality
from the implied assent of the freemen who settle
the Territory. The people who settle the Terri
tory, under the rules aud regulations of Congress
are the source Of its vitality. Suppose, when the
organic law Of the Territory is passed. no one goes
there to settle because Of the Tepugnsrce Of its
provisions: what then becomes Of your power?
hold, Mr.. Speaker, that in our government
taken il all its mfi5stiOns of S ate and federal
relation, power Is originally in the people, that the
people Of a State can do everything through their
legislature which is not prohibited by its constitu-
ton or the constitution of the United States !
hold, further that this government, formed by the
people of sovereign States, can do nothing right.
fully or legitmateIy except what is expressly dele
gated, or necessary to execute a delegated power;
and that the people Of the Territory, under the
clearly expressed provisions Of the Kansas N e.
brBska sct can 90 every thing not volstiVe of the
constitution of the United States nor of that act
l call on the republican party-Bs they call them
selves-to point out where they find the sovereign
power which they claim for Congress over the Ter
Htories. What kind of doctrine is iR 1t is pure
and unsdulterstsd despotism. It is power ID an
ticsl with that claimed By the British governme, t
over these colonies pcior to the Declaration of Ia
dependence.
The republican party hold that Congress has SOW
ereign power for the government of the Terrific.
ries The British government claimed sovereign
power to bind these colonies IN all things and re-
specs whatsoever. That claim of Great Britain
called our fathers to assert their rights il l776snd
when the struggle was over, they framed this gov
eminent, the blessings of which we now enjoy
Such is the claim of the republican party. think
she position of the democratic party is equally
clear, and much more consistent with the great
principles of freedom and republication tLal the
despotIc doctrines of the sefsyed republ can par
IT, v hat IS 8 republic2 1t is, IS I understand it.,
that government winch im6odes the public senti-
ment, and executes the public Will Yet the re-
publican party, under the false cry Of liberty and
freedom, Calm the right for Congress to govern
the citizens Of the Territories IN al respects what
ever without their consent.
But the power to govern the people residing in
the Territories is vested somewhere. The power
10 form and regulate the domestic institutions in a
Territory is not suspended nor in sbeysuce. To
solve the question let US appeal to the constitution
where we will fad that
"lhe powers not delegated to the United States
by the constitution, nor prohibited by it to the
States, are reserved to the States respectively, or
to the people
This provision of the constitution disposes of all
the powers necessary to be exercised under our
forms Of government, including that to form and
regulate the domestic institutions of the territorial
governments, slavery included. My friends of the
South will 6gree with me- without an execution.
that the power Is lot Ia Congress- and cannot be
be legitimatey exercised by the legislative branch
of the general government All will agree that it
is not in the States nor any one of them No
State can rightiuLy exercise power or authority
beyond It's Uehued limits. II not in the general
or State government, it must either be ia the peo-
pie CT the TerrIt r. OF it is allegiance The clause
of the constitution which have read forbid5 the
latter conclusion, and consequently conclude that
this power Is IN the people of the Territory, be,
cause it IS nowhere delegated to the United States
by the constitution, nor prohibited by it to the
people.
But sir, said that believed the position of the
democratic party in the late contest, and at the
present time, was equally clear with that of your
own. And l will %, not to the Cincinnati plat
form, but to the Ksnsas-Nebrsska act itse, 70 see
what those principles are, and wherein these of
US who belong to the democratic party disagree,
Tbs nineteenth section Of the acs organizing the
Territory Of Kansas, after having prescribed the
boundaries Of what is to be the Territory of Kan
sss provides as follows:
when admitted as a State or States. the said
Territory, or any portion Of the same, shall be re-
ceVed into the Union iLh or without slavery. as
their constitution may prescribe at the time Of their
admission"
Now, is there any doubt, is there any uncer-
tsinty, or any Vagueness whatever ia that pro7i-
Of he Kansas hip T. 10 e,,1,