Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-07-01
SPEECH OF Nh. cRIsFIELD,

On the Government Of The Territories, &c.

under consideration the Civil and Diplomatic bill Mr. CRiS
FIELD addressed the committee as follows
Mr. CHAIRmAs do not propose to consider the topics
which have engaged the attention Of the gentlemen from Ohio
(Mr. SAwrER) and New York, Mr. DUER.) My object is
to consider the powers OF this Government under the cons
tuon over the people OF the Territories # the United States
Conscenusy believing that Congress has power de-
ternne the relation which each member OF society shall bear
to the other members which includes the right establish
and abolish slavery within the Territories and relying on
The force Of the argument may be able adduce shall
consider the subject purely legal question: and cautiously
avoid all irritating remarks
Mr.. Chairman, invoke the attention Of the committee
the following propositions, which shall endeavor main
tain, viz: M
L. That this Government, under the constitutions has no
power slavery the social condition Of the inhabitants
in the States that were parties TO its formation.
2. That States when admitted ino the Union succeed
70 all the duties and disabilities and all the powers and priv
ieges of the old States
8. That all territories however acquired by the United
States are under system designed to be erected into
States Of this Union with all the powers and privileges Of the
existing States and coroary from these propositions
A. That while they man in the territorial condition this
Government possessed of absolute authority Them
and can rghuly impose condition them which would
limit their powers when they become States, infringe
the rights Of the States and of the citizens thereof with their
property, reside upon and enjoy them the pro-
perry of the United States
Previous the formation OF the Union the States then
listing entirely independent. They under obi
cations each other except members OF the great family
Of nations and subject only those rules Of public law which
have been established by the of mankind to
maintain the peace Of the world Each within IFS limits
all the powers sovereignty according oits discretion
and capable of regulating all It's domestic But
their proximity TO each other common interest, common
origin, and mutual weakness induced alliance, which in
the progress OF time rpened into the constitution under which
sit The great objects be obtained by the formation of
that instrument indicated by the wants OF the States They
were the preservation Of tranquility among the States and the
regulation Of their intercourse with each other and with foreign
nations protection from enemies, and The establish
ment and superintendent OF general interest and
importance all the States but within the power Of nd-
vidua States These objects very clearly stated the
preamble, which will here quote
1--WE, the People of the United States in order to form
more perfect union, establish justice domestic tram
quilly provide for the defence, promote the gene
raj welfare and ecurethe blessings liberty ourselves and
postery ordan and establish this Constitution Tor the
United States of America."
And the powers which were granted to The Govern.
men adapted to hese objects. 1t authorized to
lay and collect taxes duties mposs and excses pay the
debts and provide for the defence and general well
fare OF the United States borrow money To regulate
with foreign nations and among the States, and with
the Indian tribes establish uniform rule of natural
ton to coin money and regulate the value thereof and fix
the standard of weights and to establish offices
and post roads, to define and punish paces and ones
the high seas and offences against the laws of naons
clare raise and support armies provide and main
tain navy; 10 make rules for organizing, armng, and dsc
pning the militia and for governing such part of them
exclusive legislation district may by cession
and acceptance become the Of the Goyenmensof the
United States"
These which comprehend all the powers Of the Gov
eminent which need be referred for the object have in
view, relate chiefly the Defence foreign inter-
course and intercourse among the States II have
been the object Of those who framed the constitution
fringe little possible upon State pride and power and
hence they charged the stem thus established with few of
tha details Of possible and cautiously avoided
allowing any power participate in the regulation of the
internal affairs Of the States power granted
fere with the social and political rights of individuals That
left untouched to the States strongly do they
TO have been influenced by this reluctance curs the p-
veges of the States that they did claim for and
the Government the powers needfn It's
nuance much less its independence They gave power
TO determine the qualifications OF electors Of lis officers;
any mode OF conducting securing their election. This
oil left TO the States. BY the second section Of the first
article Of the constitution is provided that the House Of
Representatives shall be composed Of members chosen every
second by the people OF the several States and the
electors IN each State shall have the qualifications requisite
for electors Of the branch OF the State Legs
iaure Here is express recognition Of power in the
States TO determine who among it. citizens shall enjoy the
elective franchise which is the highest attribute of
regny and If that right EXPIRE SLY reserved ihem does
1t the whole ground now contended for Ii the
States alone authorized prescribe the class Of society
who voe they not also determine what shall be the
relative position Of every member Of society within their
spective limits with respect all the other members I'm
doubleday she may Every other department of this Govern
men Is alike dependant State action for It's continuance
The Senate is chosen by the State Legislatures and the Pre-
sden selected by electors appointed in each state, such
manner as the Legislature thereof may direct Thus
that under the constitution oil the primary acts Of
reisny, acts which depend whole system, to be
exercised by the States alone This Government has power
over them II has no power of determining the political
social condition Of individuals for the purpose Of pre-
serving ITS own existence That power which the
States entirely capable Of exercising among
the grievances which led the formation Of the constitution
Is not 70 be found among the powers granted TO the General
Government and was which nearly concerned the
independence and The existence Of the State Govern
mens that the States would have consented to
der IT,
In the power TO Just and determine the social condition Of
the different members Of society be found the hight
tablh slavery II exists because the majority wills that il
shall exist And here must remark somewhat aside from
the general argument that the right Of the majority
natural right but exists from necessity. In state Of
man has right control another Of
to control another set Of All equal and entitled
equal rights and this the in which the Decaa
ton OF Independence speaks Of equality. But, from their
weakness or their wants. driven into society and,
from the inequality Of physical power and the danger OF the
weak beng oveun by the strong necessary
Now, government TO be founded in right have
the consent OF every member Of society but to obtain the
consent Of all Is nearly impossible fr the diversity of sen-
men and opinion which exists Ia various minds and the
ct Of interest," render perfect unanmy rare altogether
unatanablc. But the safety Of the whole not be
promed by the obsnacy Of one that one perhaps the
most dangerous member Of society Less than the whole
may therefore, from necessity, the powers OF govern
ment And, IL less than the whole, how many less IT
may not defeat the general WISH can any number short
Il r r. "a - - -