Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-02-17
THE ADMISSION OF OREGON.
Speech of Hon. Henry L. Dawes, of Mass. in the
House of Representatives.
FRIDAY. FEB IL

FRIDAY, FEB. ii.
Mr.. Dawes-I have been unable to coincide
with the views of my colleague, Mr. COmins,)
who has Just taken his seat, and | am compel
led to vote against the admission OF Oregon
under the constitution which she brings mere
in her application, and desire briefly to assign
a few reasons for that vote. The question OF
the admission of new State into The Confed-
eracy, is addressed to the largest discretion OF
Congress. The Constitution does not COM
mand us to admit new States. 1t simply au-
thorizes the exercise of that power, and leaves
to each legislator the largest exercise OF his
discretion, unburdened by single obligation,
and untrammeled save by single limitation.
There may be, and doubtless are, consldera'
tions which go to modify and to some extent
to control that discretion A large and in
creasing population, stable and permanent in
its character, may have induced an invitation
in advance, in the form of an enabling act
Civil commotion may have so disturbed the
order of things in Territory, or the territorial
government may have so failed to discharge
its proper functions, or to render itself accept
able to the people, that one may feel constrain-
ed, other things being consistent, to cast vote
for the admission of a Territory as State
But in the case of Oregon, l know OF no such
consideration.
So far as the amount of population is con-
cerned, and, so far as we have any official in
formation, there are, in my opinion, very few
more than fifty or sixty thousand inhabitants
in that Territory. | would as soon vote for her
admission into this Union with sixty thousand
as with any other number, if the circumstances
which surround her territorial existence and
position are such as to justify it. | make no
objection here that she does not come under
the. enabling act. Other things being equal,
would just as soon vote for her admission here
with constitution acceptable to her people
and republican in principle. No civil commo-
ton exists in all her borders; she is at peace,
she is slowly and gradually increasing in pop
ulation, and coming forth by degrees from the
chrysalis of an infant Territory and clothing
herself with the maturity of a State.
| feel, under the circumstances, perfectly
free to examine her application, and to weigh
not only all the arguments in favor OF her adj
mission but all objections which lie against 1t.
NV objections to voting for her admission lie
in her constitution itself. | cannot agree with
my colleague Mr.. Comins) that her constitu-
ton is Republican in form. understand that
phraseology to mean something more than
mere form. understand it to be my duty to
look into that constitution and see whether it
is Republican in principle. One portion Of
that constitution, most Objectionable in MY
may be read together. They have often been
alluded to in this debate, but not too often; for
more than one reading is necessary in order to
learn the full scope and meaning Of those sew
eral propositions.
The Clerk read as follows:
'And every white male of foreign BIRTH of the of
wenyone years and upwards who shall have resided in
State during the six months Immediately preceding such
election and shall have declared his intention to become
Il citizen the United States preceding such
election coniormably to the laws of the United States on
the subject of naturalization shall be entitled to vote at
all elections authorized by law"
''No free negro mulao, residing in this State at
come reside within this State, hold any real
tate make any contract or maintain any suit theen
and the Legislative Assembly shall provide by penal laws
for the removal by public officers of all such free
ana @ @ ana for their exclusion from the
them into the State or employ or larbor them therein
mo Chnaman not resident OF this State at the time
of the adoption of this Constitution shall hold
real estate or mining claim, or work any mining claim
The Legislative Assembly shall provide by law in the
most effective manner for carrying out the above pro-
No negro, Chinaman' or mulato shall have the right
And the Legislative Assembly shall have power to re-
strain and regulate the immigration this State of per-
qualified to become citizens of the United States
Mr.. Dawes. l am not to be driven from the
position of opposition to this constitution be-
cause of the charge made against this side of
the House-of opposition to the admission of
a free State, for the reason that it is Democrat
ic in its political character. The participation
] had last session in bringing Minnesota upon
this floor, has given evidence that | will admit
a free State, whatever may be the political
character of that State. | refer to the record
of the Thirty-Fourth Congress, where / find
that my colleague Mr.. Comins voted against
the enabling act for the admission of a free
State into the Union, because of some, to him,
valid objections to that act. In the vote on
the enabling act for the admission of Minneso-
ia, find my colleagues name recorded against
it; and now, strengthened by his example, |
make bold, here, to raise my voice in opposi-
ton to the admission Of Oregon, for reasons
found in her constitution. Sir, the first of the
articles read at the Clerks desk do not pro-
pose, in the limited time have, to dwell much
upon. 1t is an objection, in my mind, to the
admission of Oregon, and departure from
the true meaning of the constitution, which, in
my Judgment, was never intended to permit
any but citizens to exercise the elective fran
chise. The second is, in my opinion, as plain
ly and as palpably violation of the Constitu-
ton of the United States as any provision
capable of being drafted by man. hold my
self responsible upon this floor, if, by my vote,
| breathe the breath of life into that constitu-
ton, just as much as it were embodied in bill
before Congress, and by my vote that was made
q
this floor, that constitution falls still-born by
the vote of majority, it becomes the organic
law of the Territory of Oregon. l am not
able, whatever may be the abilities of others
upon this floor, to divest myself of the respon-
sibility Of voting for that which, in my CON
science, believe to be unconstitutional. That
provision of the constitution which excludes
free people of color from the Territory, is, in
my opinion, as | have said, clearly unconstitu-
tiona
"Ne free negro mulatto not residing this State
the time Of the adoption of this constitution shall
reside, he within this State, hold any real
tate or make any contract or maintain any suit therein
Sir, that cannot be republican in this confed-
eracy Of States, which cannot be adopted and
carried out III practice under the Constitution
of all the States. One State of this Union
cannot arrogate to itself prerogatives, the ex-
ercise of which cannot be assumed by all the
States of this Union. If the State of Oregon
has the right to drive from its borders all free
people Of color, every other State has the same
right, and we might as well here enact law
to drive every one of them into the broad
ocean, as to authorize by our vote here the
State of Oregon to drive them from the Terri
tory. 1t is unconstitutional under that provis-
ion of the Constitution of the United States
which guarantees to citizens of each State all
the privileges and immunities of citizens in the
several states ana IN maintenance OF that
doctrine | need not go further than the bred
Scott decision. That decision which struck
more fatal blows at the rights of men than ever
before in the history of the government, fell
upon innocent and unoffending heads, is not
broad enough to take this clause of the Oregon
Constitution out of conflict with that of the
United States Here is the doctrine laid down
by Chief Justice fancy, in the opinion of the
Court, when he defines what that clause in the
Constitution of the United States guarantees
to citizen of one State when he goes into an
other: