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

perry are never to enter When these foohods are gained
requ e MOI the sprt Of prophecy to oreell the mex.
step IN as onward march to revolution Fanatcism will
then lead The crusade and become the ruling deity of the
hour supordnang as II always does, the propriey OF
means 10 ,he accomplishment of ends would not will
hngiy darken me perspective with imaginary evils, and
gladly would DANISH, if it possible. these sombre
iore6odings But 1t not the part of wisdom be I'M
mindful OF the sad realities of the present nor to close the
eye 10 the III bodng shadows of coming events Hereto
fore the anslavey agitation has the work Of fac
ton now IS the organized movement of great section
OF tne Onoh The plan OF operations foreshadowed in
the b OF me gentleman from New York. Mr., KING,l
was distinctly described in his written speech which fol-
lowed IT. Ihat speech found its way into this House in
the unpreendng shape OF personal erplandtton" But
1t carried with all the earmarks of delberaton and
preconcen Whilst the gentleman was rshearsng in the
foreground saw, or thought saw, behind the scene, the
the language of Holy Writ the voice is Jacobs voice.
buthe hands the hands of Esau" Some of the un-
dercurrents IN this movement may be checked. The
srer OF the storm is not always the rider of the wind
The ganteman from New York does not contend that
Congsesscan impose upon Territory the inhibition of
slavery as the condition OF It's admission TO the rank of
State but CLAIMS Tor the government complete and
preme control up to that period Why this distinctions
1t is one OF recent origin and would seem to be manufac
tured to suit the occasion In most OF our territorial
possessions, slavery has no existence. IT, therefore,
these vast unsettled regions may by Legislature action
be populated by persons owning slaves and opposed
TO the system, the object of the estrctoniss is accomplish
ed But when Missouri settled by Shareholders, applied
for admission into the Union jurisdiction was claimed
over the State well the Territory The object in
view seems 10 mould Inc doctrine OF the north
subject In 1903, they maintained that the constitution
did not authorize the acquisition OF Louisiana. But
the same section cries aloud for more territory, and dis
a %exeo Ena hs a yas
gon, when acquired, is contended that the federal
governments sovereign, and in virtue OF this sovereign
ty determine what is the subject matter of property
and thereby decide and select the character of the popu
laion and the future form of State government Now,
in all sincerity ask, what is the practical difference be-
tween regunn ghe people of Territory to form con-
DrOhI slavery and eyculinp all
those who will not voluntarily do so? 1t is the differ
ence between direction and Observation-Disclosures manli
and evasion On the rights of citizens the slave
holding States and the balance OF power in the Union.
the effect is IN FACT, and DESIGN, precisely the
therefore dsnounce such legislation contrary to the
spirit and intent of the constitution and deogaory to the
equal rights of the citizens of this republic
But whence is derived this overshadowing power
Unfortunately advocates disagree among themselves
to the sourct from whence it emanates The gentleman
from Maine MIR. HAMLINl ories himself behind egs-
lave pecesnts and supposed decisions of the Supreme
Court have already shown that the restrictions inn
posed upon States in reference to navigabe rivers
and taxing the public lands, based upon the provision
of the constitution authorizing Congress to make all
needful rules and regulations respecting the territory and
other property belonging to the United States" The
other supposed precedent Is the celebrated ordinance of
1857 for the government of the territory northwest of
the Ohio river which is said the Supreme Court have
pronounced Interchangeable If that ordinance be rrevoca
BILE, ought to be extended another territory
Unchangeable regulations not congenial with the
constitutional doctrines of America, Not only the deca
every State in the Union declare, that government de-
rves its Just powers from the consent Of the governed
that the people may reform, alter, totally change the
when their protection and happiness require it.
The restriction argument derives no aid from these fun
damena doctrines, nor from the decision OF the Supreme
Court the United States in the case of Menard Us As
pasta g Peters $50 Certainly this does not per-
pettote the ordinance; and If it effectual and ope
rave the Territory, before it divided and form
ed INTO States, the precedent unavang Tor obvious
reasons. That ordinance not legislative act as is
the bill excluding slavery from Oregon 1t was in the
nature OF "compao bepeen the original States, and
the people and States of the Northwest Territory" Sec
ondy It passed by the old Congress under the art
cles OF Confederation in 1857, and not by virtue of any
general power contained IN the present constitution which
was formed in 1889 Thirdly, the validity of this ord
nance generally doubted, and by many denied and,
in consequence Of these doubts, the first clause Of the
sixth article Of the constitution adopted, validating
pre-eXisng contracts and engagements only so far as
they were valid under the articles of confederation
that rests such precedents must indeed be frai
and lettering
Illinois, MIR McCLERNAND] For the ability and liberal
sentiments of that gentleman, enertans higher
respect than do CONC ding generally with his pract
cal views regret to differ with him on the abstract ques
ton of pomer, understand him to maintain that the
pacy acquire territory incidental TO every govern
ment; that IN our system the States do not possess this
pocer and, THEREFORE,, belongs to the federal govern
ment that the pocer TO govern IS nuotued an the poter
10 acquire; and that IN ri,tue Of the porer to govern,
Congress mag prescribe that avery shall shall not
know not by what authority be asserted that all
governments possess any one power class OF powers
had supposed that the powers OF every government va
ried according to its form and structure But
the ISSUE will concede that government possesses
delegated mot an lnierenD power to acquire territory,
and yet with this concession boldly conrovert the gem
temans conclusion still deny that Congress may exclude
the slave property oil the south, the stock and lmple
ments of trade and hsbandry of the NORTH from territory
acquired by and belongmg to, the United Stntes" Let
not the precise issue be mistaken relates to the ertent
not the existence of federal authority to make Territorial
regulations Now, the issue must be determined alone
by the constitution this government exercise none
but Delegated powersthe duary of powers not
prohibited to the States, remaining with the States
spectivey, or with the people. This restriction is ex
pressy imposed by the tenth article of the anne ments to
the constitution, and constitutes my shield OF defence and
weapon of attack TO prevent misunderstanding, re-
peat that delegated powers include only express grants
of the constitutions but all such implied and incidental
powers as may be necessary and proper to give to such
express grants complete effect Now, does the constitu
ton confer express authority to establish territorial or
provincial governments No such general power is, or
of the constitution but the history of the convention
which framed it, for6es this conclusion. By reference
TO that history il will be found that "Mr. Madison sub
med in order TO be referred to the Committee OF Detail,
the following powers proper TO be added to those OF
the general legislature, to wit:
"To dispose of the unappropraed lands of the United
States.
''To institute temporary governments for new States
arising therein"
Mr. Madison's propositions were rejected The com
mee reported in lieu thereof, and the convention adopt
ell the third section of the fourth article OF the consttu
ton giving Congress the power to dispose OF and make
all needfu rules and regulations respecting the territory
or other property belonging to the United Staes-Ndd'-
son Papers, pp 1852, 1853, 1620-2L
All powers incidental TO this clause of the constitution
Congress may well exercise; but this provision refers
primarily TO territory property, and is operative not
only over territorial lands but over the unspproprated