Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-08
RICHMOND, JANUARY S. 1870.
FOR THE ENQUIRER.
MISSOURI QUESTION:. No. 4.
EXPERIENCE.
Ferit aurea sidera clamor Tirg.

from a territory about 10 be admitted into
the Union, and from a territory, not vel
prepared 10 claim admission and further
proved, As he supposes, that IN relation To
Missouri, the treaty of 1903 presents no
obstacle proceeds 10 ask IL il he expe.
dent TO exercise this power and an
swering the question himself, aiiirms that
II Is eXpedient.
In the discussion of the treaty, il seem.
ed Ia be uncertain, in Mr.. Kings opinion,
whether The word property, comprehend
ed slaves. Bat in the part of the investi-
CATION. in which we are now engaged, he
considers slaves as property only" In
this supposition, also, Mr.. King is wrong:
wrong in fac, and i'll law.
That slaves are persons, we know by
the evidence OF our eye sight : that they
are. property, we know by our laws, re-
cogHised by the federal constitution
The very same clause of the constitution,
which regards them as property, speaks
OF them az persons.
But before enter on the ground, 10
the border IN which have followed Mr..
King, will go back for a few moments, 10
the question first discussed taking with me
MIR. Kings reiterated acknow letIgement.
that siarcs are property iruism, almost
as Obvious, as the affirmation thai "A slave
is a slave.
Ii has already been remarked, iha, the
several states, composing our conleder-
acy, have all the powers and attributes of
sovereignty, except those which have
been transferred TO the general govern.
ment, or inicrdicted 10 The states: ana IL
is equally clear that the several states are
foreign TO each other, except so far as
they are brought into political connection,
by the constitution of the u States
From this last position il follows, that
citizen of one STATE, would be subject TO
all ise disabilities of an alien, in every
other state, bu! for that clause OF The con
sliiuiion, taken from the old cenfedera-
ton, which makes citizens of one state.
citizens of all the states. A citizen of $.
Caroiina however, or OF any state, when
lie goes INTO another state, can claim, bv
virtue of riIis constitutional provision.
only those rights and privileges which
belong 10 the cliizons Of that other stale.
in Massachusetts he cannot hold slaves ::
because the citizens OF that state, cannot
hold them. In Virginia lie cannot vote
unless he las freehold, because i'm Vir-
gina, freeholdegs alone have right TO
vote. Each state regulates the rights Of
us ciilzeDs, where the constitution of the
u. SiaieS does not interfere, according TO
ITS sovereign will; and The emigrani from
every other state must be content 10 stand
on an equal footing with his new associ-
ates.
Now Massachusetts and several other
states have prohibited involuntary serv-
tude by their laws; the citizens of those
states cannot hold slaves within the
same the southern man therefore cannot
complain III massachusetts, that he can
not do what no native citizen of that state
is by law permitted 10 do.
But Massachusetts being, as TO lis own
concerns, a sovereign and independent
STATE, possessed of all legislative power,
except that which is forbidden by its own
constitution, or that OF the u. States, ex-
cludes by virtue of that plerary power,
slavery from its limits. Massachusetts
has right 10 do so. Its sovereignty is
complete within its territory which is its
own: and IFS legislature may ACT at lis
discretion, provided il does not irespass
on The federal constitution.
How different is the case of territory,
IN The hands of Congress a territory is
the property of the United States =
held IN trust by Congress for the ben
etf Of the people-all the people of the
United States: and the only power they
possess is 10 dispose OF il, and 10 make
rules and regulations Temporary laws)
respecting it. YET il seems To Mr.. King
that the power to dispose OF property, and
10 make rules AUTHORIZATIONS respecting 1t,
gives as full and ample power OF l-gisla
ton, as is possessed by The Legislature of
sovereign state, authorised 10 do every
act which il is moi forbidden 10 perform.
Ii this be so, the expansive force of dele
gated and limited authority, can be com
pared only TO that OF sleani.
II then Congress cannot make any law,
which inierieres with the right TO carry
slaves from one state TO anDther, where
II Is not forbidden By that other, and that
they cannot | hold 10 be Indispmiable
law does II moi appear TO be, aud Is il
NOT ~ iacl repugDani TO reason, TO common
sense, aud TO common Justice loo, that
they should have il in their power 10 pro
mblt citizens from caFylug their own pro-
perry 10 a territory which is held by the
United States, by the people of The y.
o'aleS, as common property a property
100, over which Congress have no. right,
except 10 dispose OF It, aud 10 make all
The rules and regulations necessary .Joy
fhat purpose
Again: ! have cUdeavOrSd TO prove
ana hope, have proved, thai Congress,
cannot impose Oh state about TO be adj.
united into The Union, condition inter
dieting slavery aud ! have conceded
that The power 10 make 2 territorial regu.
iailon, does NOT depend absolutely on The
decision OF that point. But upon those
general principles of construction, on
winch it is always fair TO argue, in relation
10 all grants or compacts, where positive
law IS supposed TO be silent or doubtful
does " moi seem reasonable 10 infer
tndt u Congress cannot impose this con
union on a State, they cannot make
territorial rerlLniinr. Z. III III -