Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-10-19

exercise all powers reserved and belonging TO The
older members OF The Coniederacy, and one Of
these is 10 aler and amend their Constitution &c
SUIT themselves; observing only Two condi.
lions, viz. that il should be Republican and mol
Inconsistent with The Constitution ot The United
otales. II a porsr does exist 10 impose any
other conditions, It's exercise ought 10 be resisted
as oppressive and tyrannical, for il would have
he efiect oil bringing new SlaIes into The Union
entirely disslmilar 10 its sister States and denudcd
OF those rights and privileges which have always
BEEN claimed and never denied TO The older States.
AS 10 The powers OF Congress over the Ierri'o-
RES, sefoIe they have organized themselves into
4 STATE, or been admitted into The Union, these
must be determined by the Constitution also AID
the reserved rights OF The community. Where a
doubt arises in The construction al The former. il
may often Ne solved by reference 10 The later
The Wing talks as if The territories we're II c pro.
perry OF Congress. Ny no,iun has always teen
that they were The COMMON properly of all the
STATES, and thai Congress as he legislative repre-
sentaton OF THESE States mad onlY such powers
and rights III The matter "a the Sta,"- had confer
red upon Il. Tfis is unGuesliopably the fac,.-
Now, does any one suppose that Virginia, or
Massachusetts, in bestow.ne legislative powers
on that body, ever designed that ether, when il
could obtain a majority, should disiranchise the
other OF its eqnal rights in This common proper
ty2 The supposi:ion is preposle.uus. Yet | beg
10 know what il is, 10 pass 4 law ty which the
citizens u Massachusetts can emigrate 10 this
common territory with all their goods and chat
;"s, whilst the citizens OF Virginia are excluded,
if il is moi disfranchisement. From ihis reduclio
ad absurdum, then | conclude that the power to
make all I" neediul rules and regulations respect.
ing the territories OF the United States" as con-
veycd in The Constitution, cannot be 50 construed
as 10 justly Congress in curlailine the rights and
immuniiies Of any portion u The citizens OF this
Union, or in impeding and hindering their enjoy
mcnt OF these rights in The public domain as
freely and amply as The rest. But il il can be
possibly so tortured, then il is incumbent upon
Congress TO show that The rules and regula ions
they propose are 8 neediul." deny that The ex-
clusion OF slavery from The territories is geedin',
or that Congress Can demonstrate il TO be. And
notwithstanding The declaration OF The Wing that
il alone must decide, aad vii, decide, whether lis
rules and regulations are ncedinl or not, il
does not therefore become just or right that
il should be done. | am one VINO believes the
perp'. have some rights and some authority in
,nrse matters, as sell as Congress, and they viii
E0t suffer that body 10 become rampant in unre-
STAINED power. Congress is mol set absolute,
though The idea that j, is has recently been revived
and become popular with a portion OF The Wing
press. II can only govern in conformity with The
Cunstil ulion, and must not then presume 10 vio-
la:e those rights, which ale anterior 10. and indie
pendent OF all Constitutions or Congresses.
These they cannot asSail with impunily; and The
States, whose tights are taken rom them, will
not long submit 10 have juSi,fe traInpled under he
foot al power The right Of seli-delence may
sometimes be called in 10 The aid Of The oppressed.
Now, will ID. Wing deny that the claims OF the
State OF Virginia are as valid and extensive as
he claims oil the Stale OF Massachusetts; 2nd
that The claims OF all the STATES, The United
States, 10 The pubic domain, are cquail YetIhe
very same clause and section VI he Constitution,
from which the absurd deduction OF the Wing
is made, says, thai nothing in this Constitution
shall be so construed as IL prejudice any claims
VI The UnIled States, or OF any particular Slate"
This is the anne sentence in which the power lo
make ''all needtul rnles and regulations" is ron-
tanned, and lis meaning is 100 plain 10 be misun-
derslood. Ii means that, in Masing those "need-
ful rules" The rights OF the States are 10 be re-
s~pec,ed; and ] submit that this will not be done by
excluding one entire class Of citizens, with their
properly, from the territory. Congress, then, has
no right under The Constitution 10 abfidee, in any
particular, The rish's OF any single State, in lesis-
latlng for The territories. To exclude slavery
rights OF every Slave Stale in The Union. Con-
sress, then, has no right 10 prohibit slavery in
them. Nor has il The right 10 pass any laws re-
speeding them, &: which he citizens vi one d.
vision oi the Union shall derive advantages not
open TO the citizens oIlhe other; ior this would oe
unius, and unequal, ard the Constitution does not
Justify such Partially.
But eraot all that The Wing contends Tor, as
(origrnaNyj belonging 10 and constituting a part
OF ths delegated powers OF Consress--ii there IS
any virtue i'll compromises, il appears 10 me that
il is estopped by lis own act iron claiming and
exercising these powers fully nav. | KNOW that
a compact entered INFO BY The nemoef oil Con-
gress, as the representatives ot thr several States,
cannot ~abrogatc a constitutional pro7:sIun. Nor
can one Legislature by its acts cramp or dimin
ing Inc powers OF a subsequent one. But the
North and The South may ag,ee upon a settlement
OF disputed claims, which will be binding in ho-
nor and conscience, and 10 violate which would
be The basest l~reachcry and falsehood. They
hare made such a compromise, oil The very ques-
lion involved in this discussion. The South has
faithfully adhered 10 it, and now we demand oil
the Narlh hat ii shall perform its part OF The
agreement 10 equal good faith. You even have
greater advantages Than We from lie COM
promise, ami therefore we say 10 the North, be
homes, and stick 10 your Bargain. We
have never claimed the right or attempted 10
settle North OF Mason l. Dixon's line with slaves.
You have a perfect right 10 come South OF II wllh
all your properly. But We deny your right IN
Congress now 10 interfere with The Internal al
fairs Of this territory. 50 far as 10 disturb lhl>
compromise. Is the Wing prepared 10 eione-
rate the North from is ohligatioGs1 Or does i
contend that none rest upon ~ Bat say. 10!
The future, away viii compromises. The Jus
;ice and wisdom" Of Congress respect them not.
L.t " rcposs under the broad shelter OF the Con-
~sliluliun, and, when our rights are there assailed,
lei rs stand Ike men "who know their rights, and,
knowing, dare maintain them" A Submissive
acouiescence in the DEGREES Of Congress will ne
yer aiotd us protection, bur invite a repetition OF
injustice. Thelcrrirory acquired BY the JOINT CT
lois OF all belongs 10 all, 10 De enjoyed by all, and
no Grtut authority under Heaven can resIIic'
this right 10 a paTt. kOANE.