The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-19

rstively 10 slave pc.
r,eory. Virginia, thsS-z-z-r- =
this ordinance; and tho when, as yet, eompA- to
manifested but once to dR&tsrcd into the TER Cd
slavery there. NO. acqulesoed IN do
November q, 1907 The Spa disposition to
House letter from William Hsnfyhibision Of tn
ernor Of the Indiana Territory Of the !. III
enclosing certain resolutions passed by hSie inc OF
Council and House Of Representatives ofSov' DR.
Territory, relative to suspension, for certain d IN
OF the sixth article Of compact between the Stapr
aud the Territories and States northwest of the rive
OHIO, made the 18Th July, S7.n--( House Journal
Ioo'- y, lolh Congress page % This ordinance
was made before the formation of the Federal Con
slitution and has never been before or since he 20
solutions Of Indiana, disturbed. Beyond this ordi
nance and It's effects, il fondy hoped that in re
sPect 10 all the other territory of the United States
settlement OF The territorial limits of slavery hat
S 1e.n maoc oy tho Missouri comprom SO of ISl9-2O
Du' II Is not sale Tor the minority to place its reliance
upon statutes, which may be repealed, and which
might rather be interpreted as having once WELDED
tne Jurisdiction There is no sure trust, but in the
Constitution OF the United States itself
.. ne congress mas the power, LIST, TO dispose of
me territory" Of the Unitd States; ID Ii has the
power TO make all needful rules and regulations ~.
spccting The territory OF the United States
HE word territory, in this clause, is obviously.
from me context, used in sense synonymous with
, ane wofd lands" The words Of the context arc
The territory, or otAer property" sc. showing thai
territory Is used IN the property rather than ia its
governmental sense Of the term IL imnorts here
property IN the soil Of the territoresproperty in
The unappropriated lands therein; and gives the
power 10 dispose Of these lands. and IN maLs ,I
heediui rules and regulations respecting them "or
other property Of the United States And these
terms do not give absolute power of legislation even
IN respect to the lands for il such sovereign mower
gwen IN respect to them, is given in respect to
ois' properly OF the United States too-such as
ships oi tho navy, forts, arsenas, zines public
buildings even money in the Treasury property
over winch We know, and II is admitted that Congress
has not an absolute power of disposition. or absolute
power ot rule and regulation. All the Limitations,
Az Tue restrictions and reservations of the Constitu-
ION are either irt entirely unaffected by this clause
or the opposite be true all these limit atoos Ye.,rc
IONS and reservations are totally DESTROYED bv it,
The rational and sound construction il. that by this
Cause, general power Of legislation merely IS given,
SUBJECT 70 ,he limited nature Of the General Govern
men which, throughout, Is but federaiive deleg.
ted trus tor the common benefit of ali the States
the Union without Partially And all the reason
ng applied to the nature Of the trust in respect to the
Ds'rict OF Coiumba, Is applicable u the u st in res
pect TO The Territories, but with more force The
jurisdiction OF Government over them is not given in
terms either SO broad stroi as over the Disric,
OF Columbia and the Constr utonal restraints NJ L.
g'slation over them even more numerous and
iofeo'c than they are upon legislation over the sea,
OF Government. The rule in question is therefore
very properly made applicable to petitions, prayine
ir the abolition of slavery and the in The
Territories rhers they noss eria
i'h. IL Is claimed that The Congress, whenever
t~o 'hirds OF both Houses shall deem il necessary
shall propose amendments 10 this Constitution Sc
his 10 freely admitted without other e1cention thar
,hA' no state, without ITS consent shall be deprived
oil ITS equal suffrage In the Senate !" and the rule in
question applies to no petitions praying for amcndmen
OF 'he constitution Thus, then, have xamined all
Toe aeal relations 81 slavery created by the Cons
luton and we have shown wherein il il IN.
uov'rnmeDt OF The United Ststes has power of Ieps
iat'on ov'r that subject, and wherein it has not We
have shown that Congress cannot interfere with any
OF inc reserved rights OF the States the subject
either directly or indirectly that in all ca es where
the power Of legislation is not clearly granted 10 n
gress, Is expressly reserved TO the States or the
people or IN other words, TO the sorerign pocer of
'he States or OF the United States that Congress itself
as no sovereign power IN any that all its DOW
even those OF The character Of attributes of soye
r'ign'y, are but delegated, dervative and limited
powers OF The class legislature merely that the rule
question excludes no petitions relating to the ap-
'ofn'oment OF RePr senatves and direct Ia xes among
ne se'era states, under the first class Of federal re-
alton, OF slavery that IL excludes none relating to
he sccond class Of such relations properly created
snhn the District Of Columbia that it excludes no
editions relating 10 the foreign slave trade under the
hifd class that II excludes none relating 10 the de-
Ner'ng up OF fugitive slaves under the fourth class
snort, thai IT refuses 10 receive only such as pray
congress 10 do what Il has no power TO do-such as
ray At 10 Soitu slavery and the slave trade IN any
aie o. Tsrrifory, or IN the District Of olJa ,clere
'sy Grid.
10 prove that these petitions pray for unconsttu-
onsl acts would 10 be sufficient 10 Justify their
amediaie rejection or the i'm mediate refusal by Con-
res 10 entertain Jurisdiction Of the subjects Of their
fA!er Tor, IL they do pray for what unconslitu-
ona Congress esnnU take the first legislative step
pom ihem-e'ther to grant or TO deny their prayers
u can receive them 10 deny and reject them il can
'oeise them 10 affirm and grant them. If they pray
'r what unconstitutional Congress do nothing IN
rsPecto ihem, but refuse 10 entertan jurisdiction 10
'en IN any manner whatever But It Is alleged and
'is brings a. ~ another mnst lump ,rtan branch OF
be subect) that, although these petitions may prs,
y what Coogres hs- not the power TO do or TO gr,ot
4 cannot refuse to receive them without violating
70 righ Of P-iii'sn, cured by the Constitution.
hai .. 10. right of petition, secured 10y The Con-
hston OF the United States !, 10 the right of
ls people peaceaby 60 assemble and TO petition III.
'oseinmepi iof Tedrcss of gricsancss" Has this
ght OF petition sny Limitation whatever For all 7
,s purprsr., At hest, OF this Argument 1t is freely
imiitsd--nsy, elaimed-tbs, It has no limitation, no
or oloa ~hsevr; bur thst Il extends 10 all III, p,o
81 20 AL seAeihsr hss b e,fisea Of me Government
not" TIA . pofeof night psseesbiy 10 assemble, ~
any piscs, Of any 10 amy s1mbers 10 PETITION The
erelasaenfi o. asy apsrimenf or efnou h<raG Z" fu
drsv ggriersnees," reaf OF imaginary Js,gned or s
,ir earn hose Of tasr peeps at home or abroad;
'd nj only TO- " dfess a grieeancesf but for
gV snd promotion Of any boon o. blessing good or
sfsuis, undrr hsares And sysa IN IA s. u, broade
itade 4 immunity snd pisilegv, the right Of petit
'n % 30 sis. inifing~d by rule Of The House OF
rpsr-.utstises, dscianag hat pst,isns Of a certain
"a, shrf b'ias pfssenied 10 the body, and snsr
'iemsat Of thcif conisnts, shall nj he receiseJ T
he res-oe -, thai tn rscspiea belong. 60 he rgb,
leg s-fiss yrocsSs-g, and the right Of peh ion
q. ix'isfiss Treesssi-s lclong- 10 "a, Hoass and
70 iss Pfilhsnsfs
The ssss iostrarsnt ~hich secures the right
f~bii1n W ~ uino~t extent, declares thai
sch Hove" (si Csagr nay 10 ferlni ne IT, pfo-
edsnxs" A. 20 hoe q shall proceed. ~hcre, bow
;, or shcther II an each iiou-, may determine a.
hs.f The receiving n petition BY either
psse of Conxres., o. b any parliamentary OF lsgi.
ave body ~as never anything slss than legi. alive
'ceedmf u = TIE hr.t .isP o. b, tskea BY the