The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-08

fused TO confer any such general underlined and unmit
ed powers and in lieu thereof made the grant respecting
the territory and other property belonging to the United
States, as have before shown. The convention could
not have forgotten that the revolution the immediate
result OF the claim OF power on the part OF Parliament
to bind the colonies in all whatsoeyer"-a power
not more stupendous odious, than would be the
unlimited power OF Congress to legisate for the Terrific
RES.
between limited constitutional power and the reach of
underlined despotsm the very of which would be
right to make any and all laws for the unrepesented
inhabitants OF the Territories To AVOID this result
would subordinate the jurisdiction of Congress TO the ey-
press grant to make all needu rules and regulations re-
sPechng the territory and other property belonging to the
United States In addition to this, the express prohibit
tons of the constitution never be dsregared in any
action OF the government Subject to these limitations,
the power OF Congress the Territories would be
pie Tor all useful purposes and extend quite far
would be consistent with republican principles In illus
traton oil tins vew IT is 'need to sell the public lands
but lands cannot be sold without purchasers sales can
not be made unless buyers protected in their rights
oil person and property to protect these laws neces
sary These functions Congress not of man. but ought
TO- discharge But to do So is not needW TO suppress
the freedom of speech; to mterdict marriages. suspend
the privileges OF the writ of habeas corpus to pass bill
OF atainder or grant titles of uobilityall of which
could be DONE the powers of Congress over the Terrific
RES are underlined and supreme, the gentleman from
Indiana Mr. Petit contends, sovereign. Yet one
OF these high functions of sovereignty be exercised
the powers OF Congress are derived from the consti
Cannot lands be sold, and the purchasers protected in
all their rights without excluding slaves from the ter
rtores The experience of the country requires every
one to give to this question an affirmative answer But
Congress may, in virtue of the express grant to which
have alluded reserve the primary disposal of the public
ances with foreign nations Subject to the prohibitions
contained in the constitution the territorial legislature
should be authorized to regulate and control all matters
of mere local concern And such has been the course
OF the government in regard to all the Territories,
cent those embraced in the ordinance of 17s7 and the
Missouri compromise act The idea that Congress, by
ont af,xroac ah,,11 49,
the domestic relations of the people of the Territories
remnant OF the desposm of past ages and revives in full
force the doctrine that the will of few should be para
mount to the wishes OF community must be pardon
ed for believing that the moral responsibility Of polit
clans for permitting entire communities to regulate their
domestic affairs has been, in this debate somewhat over
rated. The SINS of this description will be easily aoned
for when those OF an opposite character shall have been
pardoned"
The argument Of the gentleman from Illinois [Mr
McCLERNAND1 involves the huge error that the right OF
Congress to regulate abolish slavery in the Territories
plenary because that does not belong the
raj States There are many powers pertaining to sover
eighty which, under our federatve system neither be
exercised by Congress or the States Such powers by
the 10th article OF amendment to the constitution ex-
pressy reserved to the people and belong to the peo
pie of the Territories not less than the people of the
States. Reslduary powers are unknown to federal
government This partition of powers between the fed
e1a government and the people Of the Territories, ac
constitution and the great principles Of republican
ism It's also commended by its practical operation, as
eNeUpllNeu Ill history OF Inc territorial governments
Of Florida Arkansas, and Mississippi; in the organza-
ton OF which, Congress exercised only the powers which
my argument comedies In thus deriving the powers of
Congress from the express grant, to make all needful
rules and regulations respecting the territory belonging to
the United States, sustained by the concurng test
mony OF host of distinguished statesmen. may also
invoke the authority of most eminent ursts and
mentaors of the broad construction school, including
Marshall Kent, Story and Sergeant who are inclined to
refer the authority Of Congress the Territories to
the clause of the constitution which rely The
argument that the right TO acquire territory the
necessity to govern is fully met by the fact that the
suton has pointed out the mode and manner of govern
ment Power cannot be implied against, nor to extend
express provisions the rule of construction being, that
remuneration iredkens pOcer not enumerdted
But may further be objected that my position, if true
would confer on the general government jurisdiction in
the States 80 does, IN reference to the mode and
manner of selling the public lands; but is need
full that the federal authority should be exerted for the
protection OF life and property. These ends are amply
secured by the State governments. &
IT, however, the gentleman from Illinois be correct in
deriving the power to govern, from the right to acquire
territory that po1rer would not be unlimited reach to
the extent supposed The powers of the federal govern
ment cannot determined by any isolated provision of
the constitution but must be limited and controlled by
the JOINT force OF all its parts When the various prOvis
OF that instrument are compared and examined, the
absence of the power in question will be manifest
The second section of the first article apportons repre-
senatves and direct taxes among the several States
the basis of population estimating slaves on the three
ffths principle 1t also requires enumeration to be
made within every ten years This clause is the basis OF
political power in the Union, and the of direct
lakes This basis cannot be affected by the direct action
of Congress- should it be indirectly, by combining
population TO any specific 1t is prospective in its
character, and applies TO the well the old
States. Conne il to the latter, and there is no authority
in the constitution to take the in the States
and power impose direct taxes upon them The ninth
section of the article provides that cdpat on
or other direct tar shall be ia unless IN promotion 10 the
enumeration hereinbefoe directed 10 be TAKEN
1t thus demonstrabe, that the clause in reference
and direct taxes embraces all the States
If this be true is it not reasonable to suppose that the
trainers OF the constitution anticipated expansion of
the slave States with the growth and settlement of the
country? .s. s
This conclusion becomes irresistible, when we reflect
that without this expansion, the slave holding State
necessarily lose their relative STRENGTH and Influence
in the Senate For whilst it is true that federal
bers not represented in the Senate it is equally true
that the character OF the population oil State determines
the feelings and action OF her senator's This conviction
fear hurries on those who are pretending to fight
under the banner inscribed " freedom to the world" The
day will come, when those who are now blind will see
The time is not far distant, when the mask OF phanthro
py will be thrown ASIDE and the purposes of politicians
distinctly proclaimed
will now present the subject in different aspect
Congress may impose direct tax the Territories; but
it must be proportion to the directed to be
taken by the constitution" 6 Waeaons Report, 3l7)
The HreeftS principle, to direct taxes prevails as
well in tie territories in the States. Now, is it not
manifest that II the relation of master and slave be DIS
solved, these slaves become free PERSONS" and the
hoe number, instead of hreefjhs, must be counted in
the epportionment OF taxes Inc rule of apportonment
fixed by the constitution would thus be superseded by the
increased twofths, far the saves were concerned,
whilst the ability TO pay would be diminished.
This view is conclusive "a nst the power OF Congress
to abolh slavery in the Territories where may exist
But may be reped that the force oil this sonng
be avoided, by declaring advance, that slaves shall
he carried there is obvious however that Con