The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-09-09

Chief Justice Taney, Grove vs.. Saugh-
ter, IS Peters, 500, q State has a right
10 decide itself whether it will or will
not permit slaves to be brought within
lis limits from another State, either for
sale or any other purpose; and also to
prescribe the manner and mode in
which they may be introduced, and to
determine their condition and treat.
ment; and this action cannot be con-
troled by Congress, either by virtue Of
its power to regulate commerce., or by
virtue of any other power conferred by
the Constitution Of the United States.
And in the case of Prigg vs.. the Com.
mon wealth Of Pennsylvania, l6, Peters,
Gil, the Supreme Court says: "The
state of slavery is deemed TO be a mere
municipal regulation, founded upon and
limited to the range Of the territorial
law." and "it is manifested from this
consideration that if the Constitution
had not contained the clause for recap.
ton. every non-slaveholding Staten the
Uninn, would have been at liberty TO
have declared free all runaway slaves
coming within its limits, and TO have
given them entire immunity and pro-
lection against the claims Of their mas.
ter" a
The true construction Of the consti-
tuition is, that implied powers can only
be exercised in carrying into effect d
specific power. And this implication
is limited to such measures as shall be
appropriate to the subjecr. This is an
admitted and safe rule OF construction.
1t is believed 10 be the only one which
has been sanctioned by statesmen and
jurists. Powers exercised beyond this,
are not derived from the constitution,
bu' must depend upon an unlimited dis
cietion, and this is despolism.
Now there is no specific power in the
constitution which authorizes the organ
ization of a territorial government.--
Such power was given in relation to
the District of Columbia, and it was e.
quaIIy necessary in regard to other ter.
rItories. But il this power be implied
from the specific power given to regu.
late the disposition OF the public lands,
it must, under the above rule, be limited
to the means suitable to the end in view.
II Cong ess 90 bey ond This in the organ
lzalion Of territorial government, they
act without limitation and may estab-
lish monarchy. Admit that they may
organize government, which shall pro-
tect the lands purchased, and provide
for the administration Of justice among
the settlers, it does by no means follow
that they may establish slavery. This
is relation which must be created by
the local sovereignty. 1t is municip-
al regulation Of limited extent, and nee.
essarily, Of an equally limited origin. :
II is domestic relation, over which>!he
federal government can exercise no con.
troll. And, above all, the Institution of
slavery is not within any implication
which can be drawn from the power to
regulate and dispose of the public lands
or other property of the United States.
As before remarked, slaves are not treat.
ed in constitution as property. They
are made property by local law.
The Supreme Court Of the United
States have decided that, under the
power to regulate commerce among the
States, Congress could not interfere
with The slave trade between the States.
And with how much greater propriety
and force Of argument could such a
power be sustained than the power to
establish slavery in a territory. In the
latter there is nothing from which the
power can be implied, while the former
is admitted to include all commercial
dealing among the States. And it was
upon the ground that in the Constitution
slaves were treated as persons and not
as property, that they we're held not TO
come within the commercial power
If Congress under any implied power,
may institute slavery in a territory OF
the United States, on much stronger
grounds may they exercise the CONNER
ciaI power over the transfer and sale Of
slaves among the States.
In the territory Of Louisiana and Flor
ida, Congress recognized, and, to a lin.
tied extent, regulated slavery. But, as
before remarked slavery existed in these
territories at the time they were ceded
to the United States; and, in the treaty
of cession Of Louisi,na, the United
States bound themselves 10 protect the
propery of the citizens. Slaves were
considered in that territory as property,
and were within the treaty. And it is
singular that this fact in the Missou-