tirely in accordance with the liberal principles by which we profess to be governed. It would be but a poor encouragement to a country adopting our political maxims to some extent, and carrying them into the administration of her own commercial affairs, to be driven from the liberal policy she has espoused into the old system of exclusion; to be thus checked at the very outset in her attempts to cast off the shackles which she has regarded as the greatest impediment to her prosperity; to be forced to this alternative, too, by us, the country, above all others, most interested in the establishment and maintenance of an enlightened policy in government and in commerce.

TERRITORIES ACQUIRED FROM MEXICO.

THE speech which follows Senate

the last made by Mr. Dix in the was delivered on the 28th February, 1849, three days before the adjournment of Congress. The question before the Senate, presented in a variety of forms, was the institution of governments for the territories acquired from Mexico, a question embarrassed throughout by the determination of the Senators from the slave States to extend slavery to those territories, and by a majority of the Senators from the free States to guard, by an express prohibition, against what they deemed a moral and political evil, and the national dishonor of restoring it where it had been formally abolished.

I REGRET to be under the necessity of asking the indul'gence of the Senate at this late period of the session; but I feel it my duty to make some remarks upon the amendment offered by the Senator from Wisconsin, and the general subject to which it relates. I regret also to be under the necessity of discussing the question of providing a government for California, in the form under which it is presented to us, in an amendment to an appropriation bill. Independently of this objection, I have considered it from the beginning a measure of too great importance to be disposed of in this incidental manner. The proposition of the Senator from Tennessee,2 also in the form of an amendment to this bill, was almost ruled out of this body, upon the ground that it was incongruous and out of place. It received in the end but four votes. I consider this amendment equally irrelevant and misplaced.

The amendment of the Senator from Tennessee proposed to admit California and New Mexico into the Union as a State. The amendment of the Senator from Wisconsin arms the President with extraordinary powers to govern these terri

tories. On the score of congruity, in respect to the general purposes of the bill upon which they were proposed to be ingrafted, I see no difference between them; and I do not understand how one proposition should be resisted on the ground that it is incongruous, and the other entertained as unobjectionable in this respect. Although I did not concur in the propriety of the proposition of the Senator from Tennessee, and although I considered his argument not very happily adjusted to the conclusion it aimed to enforce, yet I must say that I decidedly prefer his proposition to the one before I would rather admit California and New Mexico into the Union as a State, wholly unfit as I think they are, than to arm the President with despotic powers to govern them, -not from any distrust of the individual by whom those powers would be exercised, but because I consider such a delegation of authority to any individual utterly indefensible.

us.

The proposition of the Senator from Tennessee is disposed of, and I have therefore not a word to say in respect to it. But there are three other propositions before this body: first, the bill introduced by the select committee, of which the Senator from Illinois' is chairman; second, the amendment of the Senator from Wisconsin, now under immediate consideration; and, third, the territorial bill which was received from the House yesterday, and referred to the Committee on Territories this morning. The first creates a State out of a portion of California, and admits it into the Union; it also creates the State of New Mexico in futuro, and leaves it out of the Union. The amendment of the Senator from Wisconsin vests in the President all the power which a state or territorial government ought to possess over both territories. It authorizes him to prescribe and establish all proper and needful rules and regulations, in conformity with the Constitution of the United States, to carry into operation the laws referred to in the first part of the proposition, for the preservation of order and tranquillity, and the establishment

1 Mr. Douglas.

of justice therein,-not an executive, but a creative power,— and from time to time to modify or change said rules and regulations, in such a manner as may seem to him desirable and proper. It authorizes him to establish offices, and to appoint and commission officers, for such terms as he may think proper, and to fix their compensation. It is literally arming him with dictatorial powers. It appears to me to delegate to him, nearly in the language of the Constitution, the power under which the authority to establish governments for the territories has been claimed. And, sir, if the President elect, on taking into his hands the reins of government, should find himself, in respect to the States, a less absolute ruler than he was at the head of his army, he will, in respect to these territories, be amply indemnified for any diminution of authority he may have sustained by exchanging a military for a civil station. He will find himself in the possession of larger powers than he ever before possessed. I repeat, my objection is not founded on any distrust of the individual by whom these powers are to be exercised. I believe him to possess honesty and truth,— the highest ornaments of exalted station. But I will not consent to delegate to any individual, whatever confidence I may have in him, the powers this amendment proposes to confer,— "mighty powers," as the mover himself pronounced them.

I forbore, Mr. President, to take any part in the debate while the Senate was in Committee of the Whole, except to urge that all such amendments might be withdrawn. I forbore to make any proposition, by way of amendment, to that offered by the Senator from Wisconsin, because I believed all such propositions to be out of place. But when this amendment had been adopted by a deliberate vote of the Senate, I prepared a bill a full territorial bill-with a view to establish a government in California, on the basis of law, with powers clearly defined for the governing, and rights clearly defined for the governed. When the territorial bill was received yesterday from the House, I resolved not to offer mine as an amendment to the bill before us, extremely averse as I

am to all of these propositions, in the manner in which they are presented. But I hold a territorial government the only proper one to be created for these territories, under a system like ours, excepting for the merest temporary purposes. The object of the amendment of the Senator from Wisconsin is more than temporary, whatever its language may import. It has no limitation in point of time. The powers it confers are equally unlimited in scope and duration. And, Mr. President, I am constrained to say, with all deference to the majority of the Senate, that I consider it the most objectionable proposition I have been required to vote upon since I have been a member of this body.

Precedents have been cited to sustain this amendment: one in the case of Florida, and the other in that of Louisiana. Now, sir, let me refer to dates to see how far the precedents are applicable to it. The treaty with Spain for the cession of Florida was ratified here on the 22d of February, 1819, and it was to be ratified in six months, or sooner if possible, by the King of Spain. This was the short session of Congress ; and the six months would have brought us to the 22d August, 1819, when Congress was not in session. The act of the 3d March of that year was therefore passed, authorizing the President to take possession of the territory. It was to expire at the end of the next session of Congress. But the treaty was not ratified by the King of Spain until the 24th of October, 1820, and I believe Florida was not taken possession of under this act at all. The treaty as ratified by Spain was sent to the Senate on the 14th February, 1821, as the ratification was not within the time limited. It was ratified by the Senate on the 19th February of that year. The act of the 3d March, 1821, was then passed, reënacting substantially the act of 3d March, 1819. This was also to expire at the close of the next session of Congress. The Senator from New Jersey stated that Florida was governed about three years under the act of 1819. Am I mistaken?

Mr. DAYTON. Two years.