Slavery in the territories : speech of Hon. J. Thompson, of Mississippi. In the House of Representatives, June 27, 1848. Page: 3 of 8
This pamphlet is part of the collection entitled: Sam Lanham Collection - Civil War Era Pamphlets and was provided to The Portal to Texas History by the Schreiner University.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
3
Congress into this Union." Under this grant, I regulations for the government of the people resi-
presume no one would be absurd enough to con- ding upon this territory-to enter into that commu-
tend that Congress had the authority to create, to nity, who have no voice, no rights here, to control
make a new State, to prescribe the exact form of the relations of husband and wife, parent and child,
its constitution, the powers to be exercised by its master and servant, to direct the descent of prop-
Executive, its Legislature, or its Judicary. This erty, and in all other respects to define the rights
assumption would be preposterous. When a new of person and property-is a monstrosity. What-
State applies for admission, she exhibits her con- ever power was vested in the first Congress is vested
stitution, her system of government; and as " the in this. There can be no such thing as power
United States shall guaranty to every State in this wasting away; and I assert, that if Congress, by
Union a republican form of government," Con= virtue of this clause, ever possessed this power in
gress cannot change her government, cannot force the Mississippi Territory, it possesses it now in
her into republicanism. All the discretion and au- the State of Mississippi. Whatever power Con-
thority possessed is, to refuse admission till the gress possesses, by virtue of this clause, in the
State complies with this condition precedent. But Territory of Oregon or Minesota, it possesses in
the change is made by the people of the new State, Illinois and Missouri, where more than half the
not by Congress. lands of those States are now owned by the United
This brings us directly to the inquiry: where States. By virtue of this power, Congress, through
does the power reside to legislate for the people of its agents, is now surveying public lands in Mis-
a Territory prior to its application for admission sissippi. It has its land offices, has its agents for
into this Union ? I conceive that it is demonstra- the protection of the live oak and other valuable
ted, that when any body of men, or community of timber on the public lands, and it is doing all other
individuals, residing upon the public domain, band things which are deemed necessary for the sale
themselves together and adopt a form of govern- and disposition of the territory belonging to the
,ment, and apply for admission into this sisterhood United States. It is true, that Mississippi, before
of States, they, and they alone, are the framers her admission into this Union, did " disclaim all
of that government, without interference, without right and title to the waste and unappropriated
molestation from any quarter. There is a time, lands lying within the said Territory," and agreed
then, a period prior to their possession of the rights, " that the same shall be and remain at the sole
privileges, and dignity of a sovereign State of this and entire disposition of the United States, and
Union, when they can meet together and exercise that no taxes shall be imposed on lands the prop-
this high prerogative. erty of the United States." Why was this agree-
But, sir, the power to legislate for the Territo- ment, this condition precedent, exacted ? Because
ries is said by all who have claimed it for this body it was feared, perhaps believed, that when Missis-
to be included in this grant: sippi became a sovereign State, she would become,
" The Congress shall have power to dispose of, and make by virtue of her sovereignty,, entitled to all the
all needful rules and regulations respecting, the territory or waste or unappropriated lands lying within her
other property belonging to the United States." limits, and Congress, ipso facto, eo instanti, divested
Here we must observe the exact expression, of her title to the fee simple. But this agreement
" territory or other property." In the singular neither diminished nor enlarged the power of Con-
number, in the connection in which it is placed, it gress under the clause under consideration. It only
means public land as property. There are no such enabled Congress to exercise all of its power over
things as territories belonging to the United States; this subject in its entirety, in its full integrity, with-
for this word, in the plural number, implies gov- out dispute, without molestation or hinderance.
ernments, communities; and it is contrary to our And all the power it ever possessed over this sub-
whole system to suppose Congress is absolute, tn- ject it now possesses and exercises, and no agree-
limited, sovereign anywhere-a feudal lord, doling ment between the State of Mississippi and the
out feoffs to his liege serfs. In the vast country General Government can enlarge or diminish the
which we have acquired, the Government of the powers of Congress under the Constitution.
United States is the land owner, possesses the fee If, then, Congress has exclusive jurisdiction over
simple, and no title is valid which is not derived the Territories, and possesses all legislative power
from its consent or sanction previously given. The over the same, we must hunt up some other claim,
United States has the power of a land owner. It some other principle, upon which to hang our
can survey, establish land offices, fix prices, pre- authority. Why was not a bill of rights appended
vent waste, remove trespassers, grant preemptions, to the Constitution ? This question was often asked
and do all other things which may be necessary to about the time of the adoption of our present Con-
render this immense property available to the pub- stitution, and there was but one reply, and that was
lie treasury. Under this power, however, Con- satisfactory, because it was conclusive. Ours is
gress would act in bad faith to the people of the a Government of enumerated powers; whatsoever
United States to refuse or neglect to make the is not enumerated, is retained. Had a bill of rights
necessary rules and regulations for the sale and been attached, the implied result would have been,
disposition of the public lands. It is a common that whatsoever was not enumerated, was given
property, and Congress is the trustee for all the under its general powers. Upon this principle, the
States. To erect a barrier which effectually pre- statement or enumeration of the power of exclusive
vents the entrance of the people, or any portion of legislation over this District, and over all places
them,upon thiscommon property, when they agree purchased for the erection of forts, magazines,
to pay for the same what is reasonable, would be arsenals, dockyards, and other needful buildings,
a gross breach of good faith, whatever may be the necessarily precludes the idea of exclusive legisla-
promptings of such a measure. But to claim under tive jurisdiction anywhere else.
this clause the power to make all needful rules and Congress has power to admit new States, and
Upcoming Pages
Here’s what’s next.
Search Inside
This pamphlet can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Pamphlet.
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/m1/3/?q=%22slav%22: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Schreiner University.