The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-03-03
WASHINGTON, D. C.
Admission of Oregon.
SPEECH OF HON. JOHN A. BINGHAM.
~ THE Z. S. HOUSE OF REPRESENTATIVES
FEBRUARY IL, 1862

the Constitution presented by the people of that
Territory. would refer the question back to
that people, as proposed by the amendment of
which have given notice, and allow them with
out delay to frame Constitution in conformity
with the Constitution of the United States.
Ny opposition TO this bill cannot be attributed
II any mere sectional prejudice. The geograph-
ical locality of Oregon excludes any such conelu-
son as 10 myself Oregon belongs to the North
west-thst portion of the country from which
come, and which have the honor, in part, TO
represent on this floor Nor can gentlemen at
tribute my hostility TO this bill to the considera
tion that Oregon has not population equal to that
required by law for a Representative in Congress.
This Constitution WAS adopted by the people of
Oregon the 9th day Of November, 1857. She
had not then, in my judgment, over fifty thou
sand of representative populations; even the Dele
gate from that Territory Mr.. Lane has notven-
tufed 10 say that she had then the representative
number. But, sir, although Oregon had not then,
and has not now, the representative ratio-cer-
tainly no more population than Kansas would
not exclude her on that account.
IT does not become gentlemen who have sus-
pended the right of petition in Kansas by the in
famous provision OF the conference act, to insist
THAI those of us on this side shall not only rec
ognise the right IN Oregon TO come in with her
present population, bat shall grant their petition
for admission, even though it asks departure
from, and infractiOn of, the Constitution of
lie lnltcQ STATES. I0ere never was any endOliDR
act passed, authorizing the people Of Oregon to
frame this Constitution. la my Judgment, no
enabling act was needful TO authorize the people
OF Oregon to frame Constitution and memorial
ize Congress for admission under it, Their right
So to petition Congress is inherent, and guaran-
tied by the Constitution. But | ask why this
right should be regarded in Oregon aud forbid
den in Kansas Gentlemen have no right thus
10 discriminate; and if they do, they cannot
claim that they are the exclusive friends of free
States, and of their admission into the Union.
They may pirate that to marines, not to old sail
ors The Constitution declares that each State
shall have at least one Representative in Con-
gross, irrespective of population. Hence | con-
clude that the want of ninety-three thousand
four hundred and twenty of population in Ore
gon ought not to exclude her.
Sir, the reasons which constrain me to oppose
the admission of Oregon, apply irrespective of
latitude or of any prevailing political sentiment
among the people OF the proposed State In my
judgment, sir, no Representative should inquire
upon a question of the admission of a new State
whether its locality be in the North or South, the
East or West of the Republic; whether its people
range themselves politically as Democrats or Re- |
publieans. protest that no such considerations |
do now, or have at any time, influenced my
mind upon this question. ! look upon the erec- |
ton of States and their admission into the /
/ Union as an object Of patriotic desire. No man /
doe. sympathize more warmly than my |
self with the pioneers of American civilization
the founders Of new States, who extend the linn |
Its of the Republic, who carry the arts of civili-
zation into the wilderness, and make glad its |
solitary places with the homes of freemen; who |
make your hitherto wild and uncultivated lands |
10 yield their annual increase and your hitherto
solitary rivers to bear the products of thrifty
industry or contribute their motive power TO the
production of new wealth whose rugged, busy
hands, energized by the creative power of genius,
uncover the immense mineral deposits of the
great West, subject them to the tried processes
of science, and mould them, amid the darkness
which broods over the blast of the furnace and
the rolling of the wheel, into forms of strength
and use and beauty. Such men, sir, are entitled
TO our consideration, and will more
cheerfully or cordially than myself, favor any
legitimate just legislation for their benefit
But, howe much ] desire the admission of
the new State of Oregon, | cannot consent to
sanction the Constitution now before us, by Civ
ing my vote for this bill. know, sir, there are
those, and amongst them, | regret to say, the
gentleman from Massachusetts Mr.. THAYER
who hold that we do not sanction this Constitu-
ton by voting for the bill admitting Oregon into
the Union. The gentleman from Massachusetts
(Mr THAYER said, that when he took his official
oath TO support the Constitution of the United
States, he did not swear that other people should
not violate it, ] tell that gentleman, and all who
agree with him, that every officer Federal and
State, whether legislative, executive or judicial
who has taken that official oath which we have
all taken, to support the Constitution of the
United States, bound IN conscience and in
law by that oath, neither to violate that Consti-
tuition themselves, nor to permit others to violate
il by their act and with their consent What we
do by another, we DO ourselves. The fact, sir
cannot be rainsayed, that by passing this bill, we
sanction the Oregon Constitution, and make it
the fundamental law of that Territory 1t is
clear fitaf h.-a reia of N
that instrument called the Constitution of Oregon
will have no more effect than the paper on which
ii is printed.
Suppose the proposed Constitution organized
an absolute despotism; would gentlemen say that
they had no alternative left them but to register
their votes for it, and thereby give force and eff
feet il, because il vas the will OF the people in
that distant Territory, and republican in form ?
The people of the Territory of Oregon have the
sole right 10 frame State Constitution for them
selves, hut they must so exercise that right as
not to cmbOdy in their Constitution provisions
repugnant 10 the Constitution of the United
States violatiye of the rights of citizens of the
United States. In my judgment, sir, this Con-
stitntiun. framed by the people of Oregon is re-
pugnant to the Federal Constitution, and viola
tive of the rights OF citizens of the United States
know, sir, that some gentlemen have a short
and easy method OF disposing of such objections
as these, by assuming that the people OF the
State. after admission, may, by changing their
Constitution, insert therein every Objectionable
feature which, before admission, they were con-
strained TO omit in order to secure the favorable
action of Congress. If this assumption implies
that new States have the right so to do, to the
infringement of the Constitution of the United
States and of the rights of the citizens thereof
/ deny the assumption II the assumption only
means that they might arrogate to themselves
and exercise powers which they do not possess,
20 the prejudice and injury of themselves, and
in contravention of the Federal Constitution and
of the rights of citizens of the other States of the
Union. 1t only tends TO prove, if anything, too
much, TO wit: that new States ought not to be
admitted. Such reasoning, to my mind proves
nothing; or, if anyt thing that we should consent
TO violation of the Constitution of our country,
and OF the rights of the people and the rights of
the States, because the same wrong might be
done by others.
This assumption, sir, implies, that by the very
act of admission, under whatever form of Consti-
tuition, you arm the new State with the sole
power over persons and property within its terri
torial limits; and therefore, however oppressive
or unjust its legislation may be, however odious
or unconstitutional, it is without remedy, and is
resultant from our action here This assump-
ton supposes that the States are not limited by
the Constitution of the United States, in respect
of the personal or political rights of citizens OF
the United States. cannot agree to that; it is
a marked advance even upon the Squatter Sow
ereipn:y of the Kansas Nebraska act, which, in
express terms limits the sovereignty of the peo-
ple by the expressive and significant words, that
the domestic institutions, which they are declared
aperfectly free" to form, must be "subect to the
Constitution of the United States" This as
sumption ignores these words of limitation upon