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

and should therefore be taxed and not represented whilst
the south contended for representation without taxation
"A compromise finally effected, by which slaves were
properly regarded as para OF the mixed character OF
persons and OF property In unison with these views,
the third section of the first article of the constitution
vldes "tha representatives and direct taxes shall be
apporoned among the several States which may be IN
cuded within the Union according to their respective
; numbers, which shall be determined by adding to the
whole number OF free persons, including those hound 10
serp'ee for term of years, and excluding Indians not
taxed Mree-ffhs of all other persons, meaning slaves
This provision refers not alone to the States which are,
but also to those which may be- included within the
Union; and therefore not local in its influence nor
temporary its duration Various other clauses OF the
constitution directly sustain this idea; all harmonic and
none conflict with it. If Congress call upon State
to relnqulsh the right TO establish slavery as condition
OF admission into the Uno all other State rights may be
expunged in the II must be recollecied,
that many OF the provisions of the constitution were the
result of concession and adjustment All these, if the
argument in regard to slavery be true, may be lin
tied in their effects to old States by requiring hum
atng conditions to the admission OF new ones BY Com
promise the large and small States are entitled TO an
equal representation in the Senate. Can any new State
be deprived of this equal senatorial representation as
condition OF admssion' No one ever had the hardihood
to contend for such an abslrdity And yet the subject
matter in dispute, and not the respective merits OF the
gument, constitutes the only difference between the
srction warmly commended for, and that which
finds not single advocate.
The right OF State to establish continue the rea-
ton OF master and slave is reserved whilst the right to
equal representation the Senate guaranteed by the
constitution But no republican contend that the
reserved rights of the States, pertaining to their local
affairs are less sacred than federal rights secured by the
constitution for federal purposes If any of these rights
be invaded there security for the remainder
! But the falacy and absurdiy of the restriction doc
trine may be exposed by variety of tests The second
section OF the fourth article OF the constitution declares,
that the citizens of each State shall be entitled to all prvi
leges and mmunes OF citizens in the several States.
Now is an acknowledged right of the citizens of the
original States to establish slavery; and if the same
privilege is wrested from the new States, their contem-
plated equality is destroyed This clause, whilst it
checks the federal government, imposes restraint
| he
cures freedom of action to each in regard TO its own
municipal regulations The constitution contains various
the gentleman from New York, [Mr KNC if these pro-
hibitions apply to the new Staes3
! Mr.. KING. They apply to all the States.
! Mr.. BowDoN. Then the guarantees of the constitu-
ton must have like operation The benefit OF the lat
ter constitutes the consideration for submitting to the
former But if Congress may require the surrender of
reserved right of State the condition of its adms
sion then the State may turn contract for exemp-
ton from the constitutional prohibitions. The rule OF
construction and the force OF the argument would be the
same in both cases. Thus State might surrender the
right to impose direct tax the personal property OF Its
citizens and lieu thereof acquire the power to lay du-
ties imports; thereby frustrating the revenue laws of
the general government and destroying the harmonious
operations of federal system A new State must be
admitted into the Unen under the fixed rules prescribed
BY the constitution That instrument adjusts the balance
of power between the States and the federal government;
that balance be varied by Legislative restrictions
Congress cannot amend the constitutions that high power
| is lodged in other hands.
But is conteHded that Congress may or may not, at
their discretion, admit new States and therefore may
admit conditions. The premises are correct but the
conclusion is fallacous There broad and we'll
defined distinction between miyeasanee and failure to
act Congress may obsnatey refuse to act or may re-
ject; but if State is admitted ut ALL must come INTO
the Union in conformity with the constitution The
power of Congress is 'to admit Sdfe not prov
lnces or dependencies State "a terminl, retains
certain reserved rights, submits to certain prohibitions,
and entitled to certain guarantees These rights, pro-
hibons, and guarantees, are fixed by the fundamental
law, and cannot be varied without Its amendment
Congress
and collect taxes duties, imposts, and excuses Congress
may may not at their discretion, exercise this power
from that prescribed an duties, mposts, and ercses
must be uniform throughout the United States" So must
the ba ana be sloe s TO e
tntona meaning, imports; otherwise, 1t is not State,
possessing certain and fixed character and regular pro-
portions but is the creature of Congress- and may
be either giant or dwarf, according to the prevailing
whims of the moments and unlike other mlsshapen be-
ings are told it can never outgrow its deomltes
These views conclusive against the power OF Con-
gess by direct action to cucumber the reserved rights OF
"State (no the creature of Congress) with restrictions
rs the condition OF its admission.
But the gentleman from Maine Mr.. HAMLIN] contends
that bya crcuous process this result may be attained
With all becoming gravity he announces the general
proposition that the people OF Territory IN their sorer
eign capacity, may enter into compacs with the general
government that will be binding upon them when admit
ted into the Unon end that such compacts are irevoca
BILE ever afterwards Pudently declining argument, the
gentleman calls to his aid the power of precedent for
getting that the constitution is the most potent OF all
precedents No unwarranted usage can change the
xed fact" that the relations of these States toward each
other and the federal government Determined and set
tied by the fundamental law. But the recedens relied
on BY the gentleman harmless to his opponents and
dangerous only to his own cause,
What are these precedents? The acts Tor the adml5
sion of Michigan Florida, Iowa, and other States of the
IJnon son the express condition that they shall not
interfere with the primary disposal OF the public lands ~
ing within them, lay any tax on the same whilst re-
naming the property of the United States" These re-
strctions and conditions expressly authorized by the
third section of the fourth article of the constitution,
which provides that he Congress shall have power to
dispose of and make all needu rules and regulations re-
speeding the terrtor other property belonging to The
United States" The Congress may therefore well I'M
ing the territory property belonging to the United
States" but in the execution OF tins power, they cannot
90 further and make rules and regulations for State IN
regard to siaUes belong iag 10 individuals.
do not contend that restrictions whatever can be
imposed on State applying for admission but that such
restrictions must come within the grants OF the constiu
ton Now the disposition of the public lands pertains
expressly to Congress that disposition might be inter-
ered with wholly frustrated, If the States possessed
the power of taxing them before they are sold 1t may
also be needu and proper to exempt them from taxa
ton for limited period after sale. Congress, there
fore in requiring agreements to the public lands acts
within the pale of its delegated powers, and therefore
of the States These reserved rights cannot be transfer
red to the federal government nor extngushed by an
unauthorized compact
have dwe thus long in tracing the relation of the
States TO the federal government because on that rea
ton depends, in great degree the duties OF Congress to-
wards The Territories These are but States in infancy
advancing to condition of manhood. The constitution
clearly conempates in the acquisition and possession OF
Territory not distant provinces filled with dependent sub
ects but onew States" resembling in form and rlvang