The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-23


il in the legislative power Of the government fha
| Is begging the whole subject in controversy. Wha
is the legislative power of the government The con
s,itution upon that point admits OF hut one nerpre-
tahon Its language is pecuar--''all legislative pow
ers HEREIN GRANTED shlll be vested IN a Congress
OF the United States" The very terms exclude, by un-
avodabe implication, all powers not granted It, above
all, excludes the idea that there any, was to
be any, inherent legislative power which might be exer
cised wtfou, Limitation, without reference to the prohi-
billions which might be found in the instrument the
restrictions which IT contained. The language is, call
Legislative powers HEREIN GRANTED We aust then
question the instrument ITSELF and ask what grant
ed II is grant of enumerated, not of general powers
Now there being no power TO egsae for the Territories
except in the clause which authorizes Congress TO pass
all needful rules and regulations respecting then the
only question is, what Is the extent of the thus
conferred | admit, rs question not to be disputed,
that gives the power to organize territorial govern,
ment because il needful that such government should
exist, with view TO the disposition and preservation OF
the territory and the ultimate object with which all such
territory is held, its introduction into the Union
The senator from Massachusetts and others who have
spoken The same sde inquire is there no power exist
ing in the government under this or some other clause.
to prohibit gambling the circulation OF obscene books, or
anything affecting the morals OF the country within the
territory any article OF property which may be known
to the laws of the States but which it does not suit the
policy OF the government to have introduced The cases
not at all alike Slaves, under the constitution, are
considered in the double light OF property and OF persons
They to be taxed as propeIyto be represented as
persons In the second place, II is the duty OF thee gov
eminent of the United States TO that property they
not inerfered with, as is expressly provided IN the
clause which says that they should not to be slaves
by escaping from their own limits, but shall be snrren-
dered upon demand Upon what ground, then, does the
senator from Massachusetts, aud others, suppose that
there is anything immoral in the institution OF slavery,
that he should associate it with anything that offensive
to good morals? Is il not manifest looking to the con-
sttuon alone, that slavery at the period OF the lorna
ton of the government, as it then existed in the United
States, was not considered in the sense in which il is
now consdered-a political evil which the free States
had right to strike atwhch they had right 10 limit
On the contrary. were not all the States brought into the
Union equal and independent But, says the senator
from Massachusetts, what inequality or injustice is there
in saying that slavery shall be prohibited in this terrific
ry in other territory belonging to the United States
southern man. he argues, will not be prohibited from
going thither in consequence of that prohibition Mr.
President, in dealing with instrument like the consti
uon we must regard its spirit and the authority from
whence it emanaed We are to look to the people OF
the States they are, and it known they would
be We to consider the associations by which they
are surrounded, and by which it was known they would
be surrounded, and the influences which are known to
operate upon them We to ask ourselves whether it
is possible that in making that constitution the slave
States designed to give TO the Congress OF the United
States the right to say that they should forever retain
their original number, whilst the free States might be
increased without limit The. ordinance OF i7S7 was
ratified by the constitution itself almost in words That
ordinance looked to the creation OF five additional free
States. That bad enough, but il was inevitable.
II they, the slave States, looked forward at all, they
saw-they could not avoid seeing-that the day must
and the slave States would be such that the institution it.
self in the States would be in danger Sir, what at
tempted 10 De done Al Inc peOu OIL tnc
mise 1t exacted by the free States fundamental
condition of the admission of that State into the Union
that slavery should not exist there after its admission
The Union was shaken to centre by the effort estab
fish that exacton That power claimed under another
part OF the constitution, which says that States may be
admitted into the Union and It was commended that IN the
authority to admit involved the authority to impose
the conditions Of admission. 1t was also claimed under
the authority given the clause providing that Con-
gress, if they thought proper might, after the year 1908
prohibit the migration or importation OF slaves into the
States it being inferred that in the term Emigration this
power was involved 1t was also conended that, under
The power regulate commerce between the States,
power in regard to foreign commerce. which would have
been sufficient TO have authorized the government topro
hibt the African slavetrade, Congress had The right to
prohibit the domestic slaye.trade What is gong on
sers his belief that slavery in the States ia perfectly
safe He says that the guarantees OF the constitution ef
fecualy prevent interference with slavery within its
present limits But how is it with the fanatics of the
NORTH They maintain that the whole of these constu
onal provisions nullity, that slavery is moral
evil and that there is obligation resting upon all the
members of the Union to put an end to it. The newspa
pers of the day have informed you that the immediate
friends of OF the senators upon this 1oor Mr. HALE
who have placed him before the country as candidate o
the highest executive office, will not consent TO support
those who conne the application OF the Wnot Pfovsc
to the Territories OF the Unions that they adhere to him
as their candidate because their desires and designs
limited only by the extinguishmen OF the institution al
together
do not stop inquire whether the senator from Mas
sachusetts right in his estimate of the present rela
tive power of the free and slave States and OF the aug
menta,on of their relative power the constitution
was adopted What it will be, if the power claim
ed by the North should be obtained and acquiesced in
we may easily foresee The President has told us, ana
no doubt correctly, that we are now the propnetors OF
domain through the Mex lean treaty, abundanty sucen
to make thirteen States of the size of the original States
of the Union. Is any man blind as not TO perceive
that when that day arrives, on which these thirteen ad
ditona States shall come free States into the Union
slavery will not be permitted to exstn any of the States
II would be n foregone conclusion Pure and patriotic
men at the North, who willing to stand by the com
promises OF the constitution would labor in vain TO pre-
vent it. The power TO regulate commerce between thu
States would be seized upon in order to prohibit the mi
grafton of slaves from State to State What would be
the RESULT Either slavery must be extnguished by thu
States themselves in which exists they must live
with the Certainty that when the trial of strength woulC
come between the whites and the slaves they could hope
for no aid from the free States make bold TO say from
the temper which these States now manfesting tina
il an instruction to break out in South Carolina to
morrow If every house threatened with the torch
of the ncendary and every lie with the dagger OF h'
assassin thousands in the North would IN vain be In
voked for aid | do not mean that there are not men
and thousands of men in that section who would feel the
obligation give aid but they might prove unable to at
ford it, and TO control that opinion now becoming peva
lent and stronger and stronger as the question agated
that slavery matter where and how recognised by thu
constitutions is "A clear moral and religious wrong, ane
should be extinguished. To those who entertain tins
opinion the owner of slaves in vain look for assist
ance. Ii shocks, know, senators on this fioor tt
hear it supposed that such state OF things prooa
BILE But go to the North Go to the followers OF Tap
pan and Garrison Mark that spirit which has brought al
ex Presidea OF the United States candidate again fol
that high office before the country IN the very lace o.
his former conduct and pledges as to thus very institution
and then ask yourselves whether what have SAID is no
but too true.
Mr. President am no advocate of slavery. | have