Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-07-26
Judge Mclean on thePOWers Of Congress
over Slavery.


The article which we copy below ap-
peared in the National Intelligencer of the
2olh of December last, and is said to give
the opinions of Judge MCLEAN upon the |
power of Congress to legislate on the sub
ject of slavery in the territories. In cop
ying the article, the Cincinnati Gazette
the leading whig paper in this State salo:
sit is said to be from the pen of Judge Nc
Lean, or at least to express his views upon
that important subjects The Detroit Free
Press of the l7th inst, republishes the arti-
Gle, and says: "[t is we'll known here'
where the Judge has just closed a term OF
his court, that he avows the articleto be his,
and to express his sentiments"
Judge Mclean was, and is still, favor
tie among the northern wings for the Pres
idency, and most Of that portion OF them
who bolt the nomination Of the "Philadel-
phia slaughter house," are still clamorous
for his nomination by the Buffalo Conven-
ton. 1t will be perceived by reading the
article that Judge MCLEAN takes the same
position in regard TO the power of Congress
over the question ofslavery, as that taken
by Gen. Cass, in his Nicholson letter. Yet
these boiling wings will claim that Judge
Mclean is good abolition whig and strict
ly northern man with northern feelings,
while they pertinaciously insist that Gen.
Coss, though he occupies the same position
upon this question, is northern slough
face" trucking to the slave power for the
purpose of obtaining southern votes. Did
any man dare to assert the same of Judge
Mclean, it would be repelled with scorn
by the very men who accuse Gen. Cass of
pandering to the slave power. Is there
nothing hypocritical in all this? Can an in
telligent, rejecting and honest people look
upon this conduct of the leaders Of this fac
ton and give them credit for honesty and
fair dealing?
We hope that the following article will
be attentively read and carfully preserved.
We shall republsh Gen. Cass's Nicholson
letter in short time, that our readers may
be able to compare the position taken inl,
with the sentiments of Judge Mclean con.
tained in the article below, and judge for
themselves with what show of consistency
the friends of the latter can accuse General
Cass with trucking to the slave power.
Has Congress Power to Institute Slavery.
The first article of the Constitution de-
clares "that all legislative powers herein
granted shall be vested in a Congress of
the Uuited States," &c. This limits the
legislative action of Congress to the subse.
qnently enumerated powers.
In the eighth section of the first articl e
of the Constitution it is declared that Con-
gress shall have power "to exercise exclu-
sve legislation, in all cases whatsoever,
over such district, not exceeding ten miles
: square, Us may by cession of particular
States, and the acceptance Of Congress, be-
come the seat Of government Of the United
States, and to exercise like authority over
all places purchased, by the consent of the
Legislature of the state in which the same
shall be for the erection of forts, magazines,
arsenals, and other needful buildings"
l. Under these provisions the cessions Of
the District Of Columbia was made, within
which territory slavery has been long sane.
toned, so that the power of Congress to in.
stitute it within the District did not arise;
and no one, it is supposed would contend
, that within the cession of a non-slave-hold.
ing State for forts &C., Congress could es.
tablish slavery.
In no part OF the Constitution are slaves
named or referred to as property, they are
designated as persons. In the second sec.
tioc of the first article, which apportions
representatives and direct taxes the words
ssthree ffths OF al parsons include slaves.
/ They are referred to in the ninth section Of
the same article, which declares that 'Sthe
migration or importation of such persons
as any of the States now existing shall
think proper TO admit shall not be prohibi.
ted by the Congress prior to the year eight
enn hundred and eight,'' and also in the
second section ofthe fourth article, in rela
r ton to fugitives from labor. In no other
part of the Constitution is there any refer
ence to slaves.
, In the third section Of the fourth article,
it is declared ''that Congress shall have
, power to dispose of and make all needful
rules and regulations respecting the terrific
ry and other property belonging to the U.
} nited Sta:es.' The power here given is
: limited to the regulationl Of the property ol
Government, and may be exercised as well
within State as Territory. 1t gives no
express power to institute Territorial Gov.
, ernment, or to adopt regulations beyond
t the specific objects of this grant. Congress
$ are authorized ''to dispose of the territory
, Iland1 or other property. Political power
, is not, it would seem, within the grant -
This is considered too clear to be contro-
verted.
Y There is no sacrifice power given &c
q Congress in the Constitution, which anthor
ICES the establishment ofa Territorial Gov
. ernment, except that which relates to the
District of Columbia.
The Ordinance "lor the government o.
the territory-of the United States north
> west of the river Ohio' was approved 7th
Aug 1857, which was before the forma
e ton of the constitution Of the United States
. That ordinance provided for the first and
sooond Grade of Territorial Government