Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-09-20

IL
gress could make a constitution for all the q
organic. fundamental law {
IA law Of laws-could it not, had If so
pleased, make the law ITSELF 4 copsttu- I
ton prescribes 10 the legislature what it
shall do, an! what it shall not do; it com
nands, prohibits, and binds men by oaths
10 support itself Ii says. .hithcrto SHALT
thou come. and no further And If Con.
oress can do this. can it not make the TO- :
cal law itself. Can aught be more pre-
posterons! As if we could conimand 9th 4
crs 10 do what we have no right To DO our
selves, and prohibit others from doing what
lies beyond our own jurisdiction. Sure
w. 10 decree on what subjects a commit /
nitv shall leg.latc. and on what they shall
not lcgislate, is the exercise Of the high
est power.
I;u; Congress has not stopped with the
exercise Of the constitution making pow
or. IN various forms. and at all times, il
has leoislatcd for the Territories. in the
sirictest sense Of the word iepisiahoH.-
II has lcgislated again and again. and ten
times again. on this very subj ect Of slave
w. See the act Of 1874, prohibiting the
slave trade from .'any port or place" in
the United States. Could any citizen of
the United States. under this act. have
zone into one of our Territ cries and
there fitted out vessels for the slave trade,
Surely he could. il Congress had 30 right
10 legislatc over Territories only az so
much land and water.
BY statute l733, chapter %. ! 7. slaves
were forbidden to be brought into The Mis-
sissippi Territory from without the nitcd
States. and all slaves SO brought i'll arcrc
made free.
So the act Of 1890. chapter 81. in furth-
or prohibition Of the slave trade. applied
TO all citizens Of the United States, wheth
CT living in Territories or in organized
States Did no, this legislation cover the
Territories!
BY statute 1891. chapter SO. 10, three
classes OF slaves we're forbidden 10 be in
troduced into the Orleans Territory.
Statute 1897, chapter %. prohibiting
the importation Of slaves after January !,
1908. prohibited their importation into the
Territories in express terms.
Statute 1913, chapter 81. statute 1919,
chapter 1OI. and statute 1920, chapter
1I3. prohibiting the slave trade. and max
ing II piracy, expressly included all the
Territories Of the United States.
Statute 1919, chapter 81. authorized
the President to provide for the safe-kccp-
for their removal TO their homo in that
might have established a depot for slaves
within the limits of our Territories, on the
Gulf. or on the Mississippi.
By statute 1920, chapter %, ; O. Con
rress established what has been called the
Missouri compromise line. thereby cy-
rrcsslv lcysIating on the subject Of slave
nv. So Of Texas. See 10. Res. Nlarch
1875.
By statute 1919, chapter %. statute 10-
81. chapter 80 q. and statute 1922, chap
ter -, 80, Congress lecislntcd on the sub
iccl Of slavery in the Territory of Florida
Does it not seem almost incredible thai
n defender ard champion ofsavcry should
deny the power Of Congress 70 lcgisla'c
on the subject Of slavery in the Territories!
If Congress has no such power. By wha
RIGHT can master rccapture Il iu@,ilvc
slave escaping into Il Territory! Tho
Constitution says: mo person held to ser
vice, or labor, in ono State, escaping into
anofhcr''-ihat is. another Sa,c-''shal
be discharged from such service, or Ia
bor," Sc The act Of 1928. chapter
80, provides that when person ''hcld &c
Labor" SC. "shali escape into any Other
Of the said States, or Terri'ory," he may
be taken. Bv what other law than thi.
can runaway slave be rcta!en ina Ter
r1ory. IfCongrcss has no power TO l"cis
late on the subject of slavery in any Ter
ritory, then, surely. il cannot lcGislate to
the capture of fugitive slave in a Terri
tory. The argument cuts both ways
Th, knife wounds him who would use j
TO wound lsfclow.
Further than this. IF slavery is claim
cd to be one Of the common subjects o
legislation. then any legislation by Con
press for the Territories. on any OF III
common subjects of legislation. is a pre-
ccdcnt. going to prove its right to lcglslat
on slavery itself If Congress may lcgis
late on one subject belonging 70 a class
then it may legislate on any other suhicc
belonging TO the same class. Now. Con
cress has legisated for the Territories o
almos. the whole circle ofsublecis belong
ing to common legislation. 1t has lcgiS
lated on the elective franchise, on the PC
cuniarv qualifications and residence {
candidates for office. on the militia, o
oaths. on the per diem and mileage {
members. &c. &c. BY statute 1871
chap,er sl. 3. authorizing the Territor
IF Orleans TO form a constitution, it wa
proyided that all Legislative proceeding
md judicial records should be kept an
PROMULGATED in the English language
Cannot Congress make provision for Il,
rights Of the people. rs well as for the lar
raace in which tho laws and records dt
iininy those rights shall be eNpresscd!-
ANY language is sweet to the ears of ma
which gives him the right of trial by lur,
Of habeas corpus. of religious freedom
and Of life. limb, and liberty: but accursc
is that language. and fit only for III
realms below. which deprives an immort
being Of the rights Of intelligence and
freedoms: of the right TO himself. and III
deurer rights of family.
But all this is by no means the sironce
narf Of the cxideucn with which CIIr II 4