Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SMILIE said, this subject struck him differently from other
gentlemen. If it appeared clear to him that the constitutional right to
delegate the powers contemplated by the second section did not exist, he
should vote against it. But he entertained no doubt on this point. He
knew that it had been doubted whether the constitution authorized the
Government of the United States to acquire territory; but those doubts
were this day abandoned. He agreed in opinion with the gentleman from
Massachusetts, (Mr. VARNUM,) that the Constitution of the United States
did not extend to this territory any further than they were bound by
the compact between the ceding power and the people. On this principle
they had a right, viewing it in the light of a colony, to give it such
government as the Government of the United States might think proper,
without thereby violating the constitution; when incorporated into the
Union, the inhabitants must enjoy all the rights of citizens. He would
thank gentlemen to show any part of the constitution that extends either
legislative, executive, or judicial power, over this territory. If none
such could be shown, it must rest with the discretion of the Government
to give it such a system as they may think best for it. At the same time,
Mr. S. said, he would pledge himself to be among the first to incorporate
the territory in the Union, and to admit the people to all the rights of
citizens of the United States.
Mr. RODNEY.--When a constitutional question is made, and constitutional
objections urged by a respectable member of this House, they shall always
receive from me a respectful attention. On this occasion I shall endeavor
to answer the objections, and remove the doubts entertained by some
gentlemen. I believe we shall find that, by adopting the second section
of the bill under consideration, we shall not infringe the constitution
in the remotest degree. No person is more opposed to the extreme of
absolute and unlimited power, or to vesting in any man that authority
which, by not being circumscribed within known bounds, may be easily
abused. No man can be more opposed to the exercise by the President of
powers exercised by the Spanish inquisition, and authorized by other
Governments. But cases may occur where, for a moment, powers to which,
without an absolute necessity, no one would agree, become necessary to be
vested in some department of the Government; and I am in favor of this
section for the reasons assigned by my friend from Virginia, to wit, that
the exercise of the powers delegated will be confined to a short space,
and will be of no further duration than shall be necessary to obtain the
end of a secure possession of the Territory.
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