The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-03
CONGRESSIONAL.
SPEECH OF HON. T. G..DAvIDsoN,

the Presidents 10
Committee of the Whole the state of the Union and
the printing of thousand copies thereof delivered in
the House of Representatives December lS, 1856
Mr.. DAVIDSON said:
Mr.. SPEAKER: 1t was not my intention when entered
this hall representative of the people discuss the
slavery question in any shape form and do not intend
to do now except incidentally and far it may be
necessary in vndcatng the history of the past legislation
of the country. do not Intend to enter into vindict
ton of that history, the gentleman from Ohio Mr.
Nichols did yesterday, by the introduction of handbs
and party speeches to prove that grave questions have
been settled OF have not been settled come here now
sir discuss the question of the power Congress
legislate upon the subject Of slavery in the Territories
and take the broad ground that Congress has not now
and did have, power to legislae upon that vexd
question believe that the history given by the Pres
dent in his message of the which have disturbed
this country for the last year true to the letter. and
believing, and entertaining the peculiar views which do
in relation to this matter, should consider that
reant TO the constituency which represent here If did
not raise voice to vndicate the asness Of the concu
sions of the President He sir has sent up the record TO
the tribunal of equitable history and it registered in the
annals Of truth Form part take the ground that Con-
gess never had the power to legsae upon the question
OF slavery and to prove it desire to go back and exam
inc how this question up under government and
how it was fixed and settled.
In relation to sqnatter sovereignty sir great deal has
in the course of this discussion been said and said in
spirit OF acrlmony which very much deprecate If the
object be 10 SHOW that the supreme power does rest
in the hands of the people, tell gentlemen that they
contend against doctrine which hes bee maintained by
the Anne. people from the earliest period OF their poit
cal history.
have here the constitutions of the various States which
originally formed confederacy constitutions which
were adopted when those States were in condition. in
many respects parallel with that OF our Territories Let
them speak to the point.
When the thirteen colcnieS rebel6d against the mother
and by ordinances emanatng FROM the King and Para
ment Consequent that rebellion, and after they had
thrown off the authority of the mother country they had
other form of or rather that was tolerated
thoir Hraf
almost precisely analogous condition with Territories
prior TO their fSrnlaton Of State constitutions
Now, sir under these eircVmstancesi what did Massa
chusetts say? What did she do? And invoke the au-
horiiy Of MASSACHUSETTS, sir because her history claims for
her the leadership Of ne COLONIES in the foremost ranks OF
the sti What did she say She maintafnsa the extra
ordinary doctrine that the people had not 01 the rgn "
regulate their institutions without outside interference
the right also fellow "subectsor that s the
word which politically describes Massachusetts, man
who were hot members Of churches for the support of her
religious establishment, whether they were willing not
For the proof of this refer to the third paragraph Of her
Declaration Of Rights pRSg hs 5subjsS. howsysr feel
he question o o
spectuy suggest that before they attempt " intrude
guarantees Of nigger freedom the South they should
look little 70 the guarantees Of white mems eonseences
nunneres and the decences of Hiss committees speak but
ndierenty for the lat r, whatever may be their pro-
fcency in kindly volunteering the former for our slaves
examination Of the settlement OF this doctrine OF popu-
lar sBveregty and desire to show atj in every single
instance when those provinces formed their consu
on they on the very threshold declared the doctrine that
all power is in the hands of the people,
read in the first place. from the original constitution
Massachusetts, formed after she rebeed against the
rule of Great Britain
The people of this Commonwealth have the sole and ex
elusive right governing themselves Free sovereign
and independent Sate and do and forever hereafter shall
exercise and enjoy every power jurisdiction right which
not and may not hereafter by them expressly delegated
the United States of America in Congress assembled
de- ad
FORE people alone have inoontsstabe unalenab and
indefeasble right to institute government"
Nor sir come next to the constitution Of the State of
New York. the first article OF which shows that the
vention which framed it.
In the by the authority Of the good people Of
this State doth ordan determine and declare that
ho shall amy M @ . ~" ns sa a.
rived from or granted by them"
New Jersey next up with her authority; and,
upon examination Of her first constitutional convention
find it uttering the declaration that
Gan the constitutional authority possessed by the
Kings of Great Britain these colonies their domin
IONS was by compact derived the people, and held
them for the common interest of society"
And So you will go and examine the other constu
ons of these thirteen provinces seconsuted into States
without any extraneous intervention you will fnd with
the exception Rhode Island which elected hold under
the former grants, made psa Regen that in every
single instance they declare the doctrine of popular
eregny that they that the people only have the
right determine the character of institutions and regu
late the administration of their affairs within the
tent of their own limits
Now sir another point which essentially touches this
question There is gentleman who has examined this
subject but knows that every OF the original thirteen
provinces the advent of the revolution recognised the
institution of African slavery 1t is equally well known
that the constitution of the United States expressly declares
that all powers not granted 10 the Congress reserved to
the States to the people, and they exercised by
the people of each of the provinces sovereign powers
and were accounted for as such.
At the time of the adoption of this constitution the sim
guar fact presents ITSELF in view of this discusson that
government which could have been cortempated
that Congress could have any jurisdiction in respect
the question of slavery.
Sir you have heard gentlemen who were not thoroughly
acquainted with the subject discussing the constitutional
iy Of the ordinance of 1881 tell gentlemen that Con-
slavery in the Northwestern Territory for prior the
adoption Of the ordinance of 1884, territory in
the possession of Virginia She was at this time
subject to constant nroads from hostile savages They
were numbering her men, women and children or rob-
bing them OF their property and leading them into cap
viy In order to remedy these evils she concluded that
she would offer to the confederation the entire juris-
dcton Of this vast domain upon the condition that it
should remain free territory. Being the donor and i'm
posing TERMS she could dives herself of all
the rights and privileges which attached to her emil
nent domain--among which the right of holding
slaves She did in that respect and made the trans
fer upon these conditions with view of promoting the
immigration Of agriculturiss from the old country for the
purpose of settling up her frontier rapidly possible
and thus protecting her from the nroads and in
cursions Of hostile savages The confederation accepted
the proer with the condition precedent and established
the ordinance of 1887 This the only Territory be
longing to the confederation prior the adoption of the
constitutions Territory acquired by donation, and under
ted at the time under the jurisdiction Of the fed
eral government