The State guard., 1848-08-22


 and of course to exclude slavery thereliom. If any doubt could possibly exist as to the proper interpretation of this clause, or of the oStent oI the power 1t coniers, that doubt Is fully removed by the decision of the Supreme Court, in the case of the United. States rs. Gratiot ct al., Ii Peters. The Court says
 "The term territory as here used, is merely descriptive of one kind of proper. ty, and is equivalent to the word 'lands.''
 So that without violating the sense of the clause, or restricting the power con. ferred by 1t, the one word may be substitu- cd for the other. The clause would then read; 'that Congress shall have power to dispose of, and make all ncedfi rules and regulations respecting the lands, &c., belonging to the United States" The power then claimed from this clause is, that of excluding slavery from the "lanis'' (Which belong to the United States."-- Now, sir, it cannot be denied, that what ever may be the nature and extent of the power granted by this clause, it must be uniform and universal in its application to all "lands belonging to the Un ted States,' without reference to their location. whetb- CT within or without the limits of sovere- ign State. As much as ten millions of acres of ''lands belonging to the United State" now lie within the limits of the Stale oi Alabama Us much more in the States oi Mississippi and Arkansas. And, under this clause of the Constitution, Con. baa alr,a,., IA. dispose of and make all ncednl rules and regulations respecting it." It has ''rcgu~ lated'' the time and manner of survey; the nliniier of acres to be contained in section; what quantities should be reser. Ved for particular purposes, tho manner oi sale the discriPton of finds to be re. ccived i'll payment, and the ternis of pay ment the number and location of land offices; the number and compensation of land agents in fine, every "rule and regu- lation feediul to proper disposition of the territory belonging to the United States," has Congress always exercised wherever it was situated It still has that power; and tomorrow may, if deem. cd ''nccdlul," chanpe or morality existing rule and regulations relative to this terri. tory, without reierenco to its location.-- Now, sir, slavery exists by law in all the States before mentioned. And if the clause enabling Congress to ''malSe rules and regulations respecting the territory" ln Oregon .Calilornia, and New Mexico, carries with it the further power to ex. cIuJc slavery thcrefom, the same power 1 mist nyi.t rplaf;., f,, lI,,, the several States for the right to make ''rues and regulations" is, in each case, derived from the same grant. and no dis tinction Is made between the power of Congresssosef "tcniory" in a State, and "tcrIitory' mol in u State. But it Is net prctended that Congress has any control over slavery m any State. Ii, then. the power to exolirtc i, in tho rnc case does not exist. neilret can tt be exercised in the other. It k no answer to say that ] State has exclusive control over tbe sub. jett by virtue of her sovereignty. For if i Congress has the power claimed, thc State ! does not have the sovereign right to con. trol the subject. Because, if as 1t is in. sisted this power is conferred upon Con- gross by the Constitution, il iA one of the powers "prohibited" to tho States; and, therefore, nothing in the constitutions or laws of the States could be of paramount authority, which would be incompatible with it's fullest exercise on the part of Congress. The argument which secke to prove the power of Congress over slavery in the territories from this clause, to be consistent, should establish the like power over the same subject in the State. But this would prove what all deny and, therefore, is the absurdily of this wicked pretension made manifest to all.
 Tho views which have presented on this branch of the argument, Mr. Chair man, seem to my mind to be conclusive. may, however, be In error, and if so, would respectfully invite the Hon. Chair man of the Committee on Territories Mr. CAbHp SMITH, to expose its filllacy when he shall have taken tho floor upon this bill. seEs
 Sir, amid the variety of views put forth to justify this nionstrous assumption of power, nothing has SD much astonishcd me as that presented by the successor of the late MT. Adams on this floor, Mir. HoR- AGE MANN.) That gentleman asserts that the territory "belongs to Congress y and therefore, in disposing of it, Congress would have as full a right to clog it with conditions as ke himself would have in dis posing of bis own land. Belong to Con- gress! Where is the title deed! What is the consideration paid for it, and whence dcrivedl Have the people no interest in this vast domain Or is t true that we, who are but the agents of our several con-. stituencics, commissioned to protect, not to destroy their rights, have by tho mere 'cident of our present positions, become the sole masters of this princely inheri, tance If so, we have but to divile it among ourselves; anl we shall have thus achieved tho great object of giving repose to the contrary, while at the same time we shall make ourselves, quite comtorta- ble for life. Belong to Congress-! Where, sir, does the gentleman find a warrant tor II. sl .. ..-..l