Slavery in the territories : speech of Hon. J. Thompson, of Mississippi. In the House of Representatives, June 27, 1848. Page: 2 of 8
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an exclusion of us from all participation in a com- the right of an American citizen anywhere upon
mon ropety.the American soil.
But a great difference of opinion is entertained, Again:
and has been expressed, as to the extent of the "Nor shall any person be subject for the same offence to
power of Congress to legislate for your Territorial be twice put in jeopar e or limb; nor shall be co-
peld nay criminal case to be a witness against himself,
Governments. And I shall proceed to express my nor be deprived of life, liberty. or property, without due
opinions with frankness, and with as much pre- process of law; nor shall private property be taken for pub-
cision as the nature of the question will admit of. lie use, without just coinpensatiop."
But before proceeding to my argument, I wish to These examples might be greatly multiplied-
call the attention of the committee to a resolution but I will not suppose that any member but the
adopted in the Virginia Legislature, which was gentleman from Indiana [Mr. PETTIT] will pretend
read a few days since in committee, and is gen- to go so far as to assert that our power over the
erally approved of by the people of the whole American citizen, because he may be caught out
South. of the limits of a State, is absolute and unrestrict-
A resolution of the Virginia. Legislature: ed. Nor can I suppose the gentleman from Mat-
"Resoled, unanimously, That under no circumstances sachusetts [Mr. HUDSuNd will be sustained in the
will this body recognize as binding any enactment by the assertion made by him, that Cone possesses
Federal Government which has for its object the prohibition all power in the Territories not prohibited in the
of slavery in any territory to be acquired either by conquest Ct
or treaty; holding it to be the natural arnd indelbasiblc right Constitution, when the docrne so universally pre-
of each aad every citizen of every State of this Confeder- vails that Congress can exercise only delegated
acy to reside, with his property of whatever description, in powers.
any territory which may he acquired by the arms of the Uni- When territory is acquired, then what is its
ted States, or yielded by treaty with any foreign Power.' condition ? The Constitution, the laws made in
Other Legislatures and public meetings in the pursuance thereof, and the treaties of the Unied
southern States have readopted and endorsed the States, become the supreme law of the land. Uni
principles set forth in this resolution. They ex- ultimate sovereignty and the primary source of all
press my own opinions on this subject, power in this country is in and from the people of
It is conceded on all hands, by men of all par- the respective States. The power they have not
ties, that Congress can exercise only delegated delegated is reserved to the States, or still reposes
powers. Congress possesses no inherent, but only with the people. Congress is the source of no
such incidental powers as are necessary and proper power. It is the mere repository of powers given,
to carry out the delegated powers. Our jealous and whatsoever is conferred must be exercised by
ancestors, to avoid all misapprehension and dis- that body-cannot be declined or tranferred. To
pute in this respect, inserted this distinct declara- ascertain the extent of the power of Congress over
tion: the unorganized country, we must look to that
" The powers not delegated to the United States by the glorious instrument. It provides that-
Constitution, nor prohibited by it to the States, are reserved po New States may be admitted by the Congress to thi
to the States respectively and to the people." Union." * * * "Congress shall have power to dispose
As a clear incident to the power to make war, of, and make all needful rules and regulations respecting,
to conclude treaties, to provide and maintain a rie territory or othec nroperty beloghig oto the United
navy, this Government possesses the power to ac- commerce with foreign ngress shall and among t regulate
quire territory by conquest, by purchase, and by States, and with the Indian tribes." * *e*s* "Congress
discovery. But when acquired, is it a still further shats ve po er to exerisrict l(not lexeeding itn lmles
incident that this Government possesses over it an whatsoever over sy isict (nt exceein te ie
unlimited and absolute legislation, or an exclusive csqptance of Congress, become the seat of the aovnmentefa .
jurisdiction? This has been insisted upon by the United States; ab eo e sea of the G overe of
several gentlemen with great ingenuity, but its places prch'ae ame may e, for the retionr of fort
absurdity is too transparent to require serious refu- ma azines, arsenals, dock-yards, and other needful build
tation. The second clause of the 6th article of the rn s ai
Constitution answers the question: This is a full and complete summary of all the
"This Constitution, and the laws of the United States power which bears upon this subject, either directly
which sthall be made iii pursuance thereof, and all treaties orrmotely conferred upon Congress by this great
made, or which shall be made, under the authority oft the o -
United States, shall be the supreme law of the land." fundamental charter of our liberties. The ques-
Ted e s, somen the re e a w o i a d. , tion now to be answered is, does Congress pos-
by any of the neans above referred to to this Guy- sess the power and the right to legislate for the
eyment, it becomes a part of the "land" over people of the Territories ? If so, place your finger
which the Constitution the laws, and the treaties upon the grant. Is it a necessary incident to any
above named extend as the supreme law. To I of the powers granted ? and if so, which phrase
ake this propoitin sil me spe-e t I w carries with it an incident so magnificent?
make this proposition still more self evident, I will To regulate commerce with the Indian tribes,
take a single case of personal privilege secured to has authorized and, in the exercise of that author-
the citizen. The i thhe 2d section of ity, led to, the adoption of our intercourse laws
the 3d article is in these words: with the various tribes who occupy our territory,
SThe trial of all crimes, except in cases of impeachment' to the establishment of agencies and superintend-
shall be by jury; and such trial shall be held in the State
where the said crimes shall have been committed ; but when encies, and other rules and regulations for the
not commuted wpl n any State, the trial shave be at such safety and peace of the Indians and the whites.
place places as the Congress may by taw have directed." But no one has claimed for Congress the power to
The right of trial by jury for crime is secured change the forms of government, or abolish their
to the citizen, wherever 'he may be found in the accepted and approved customs.
whole length and breadth of our country. It is Again: "New States may be admitted by
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Thompson, Jacob, 1810-1885. Slavery in the territories : speech of Hon. J. Thompson, of Mississippi. In the House of Representatives, June 27, 1848., pamphlet, 1848; (https://texashistory.unt.edu/ark:/67531/metapth498634/m1/2/?q=%22slav%22: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Schreiner University.