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


Mr. DAvs.l cool, deliberate, and patriotic any man
within the limits of the Union. behods, in the condition
in which we are now placed infinite danger In the ex
element OF debate, speaking from the heart TO The heart
that honorable has almost predicted that unless
the question be amcably adjusted the Union will not
abide. The distinguished senator from South carolina
Mr. CALHOUN has told that unless It be settled tue
South must stand upon her own rights as ne rs con,
WINGED they have been secured by the constitution
go out of the chamber the opinions expressed abroad
are still pregnant with cause for alarm. Former
subjects of difference between the two political naes OF
the country disappear from the minds OF men. Even that
statesman, formerly described as northern man with
southern principles now, and fear justly, described by
his quandd,n friends a without any principles who
owes all the political elevation which he has ever en-
joyed the confidence and support OF the South IS now
seen heading crusade against her institutions Instead
of using his and past weight 0 character, to
quiet the excitement which prevails he is willing to head
PARTY not Only the distinctive principle OF which, but
the only principle of which, is practical war upon the
South. Take up the papers of the day. IN the free
Staesaye, in those very Tree States the votes OF whose
senator's brought Texas in with all her saveyyon nd
almost without exception the declaration that slavery
must be kept within IFS present limits al all hazards IN
The face OF all consequences the Union to stand or the
Union fall II is not the fault OF the wings that tins
alarming condition OF things is upon the country II lies
another door But although not raceabe TO us, 1t is
duty that should unite with our patriotic brethren
in all quarters OF the Union to put an end to It, pos
sble at once, and forever.
With these preliminary remarks, Mr. President, pro-
pose very briefly to inquire INTO the power OF Congress-
adopt either OF the which the several popo
sons before us involve First, then; HAS Congress the
right prohibit the introduction of slavery into theTer
rtories of the United States! The opinion which hold
on this subject moi now stated for the first time this
body have expressed before, and, as before. answer
no. In what am about to offer to the Senate, IN MAN.
OF this opinion, purpose to confne myself eX-
csvey TO the constitution itself, leaving the contempt
raneous Legislative and the Judicial construction OF it in
this particular where has been placed by senators who
have preceded me- shall have occasion to refer TO that
hereafter for another purpose What is the power claim
ed The senator from New York tMr Dx,l and |
think the senator from Vermont MIR PHELPs,] whom
mott afo
beyond my control rested the exclusively upon the
relation which the Territories stand before they become
State coeedg IVA certainly aone uy he no
the Union State, Limitation upon slavery that you
might incorporate into the territorial government would
operate Now, sir, let be remembered that such is not
the principle of the ordinance of 's7, OF the Missouri
compromise II the power exists at ALL it exists to the
extent in which il was exered in these instances there
fore consider the from New York yielding the
whole subject in dispute repeat, II the power exists at
ALL it the power which was exered in the ord
of 49, and in the Missouri compromise enables
the Congress of the United States, at all times during all
time thai the territory may remain as the habtaton OF
civilized man. whether in the Union or out Of the Union
to exclude slavery from it, as fundamental ana perma
nen provision Let to the ordinance OF 81 itself
After providing for other matters, goes on to say:
alt hereby ordained and declared by the authority
na s al, sa ue un the
pie States in the said Territory and FOREVER REMAIN us
ALrERABLE UNLESS BY COMMON CONSENT, 10 VIII, ana emu
merates
The 9th is the referred to, and is in these words
ARr s. There shall be neither slavery involuntary
servltne said Territory, otherwise than IN the
ishmen of crimes whereof party shall have been duly
provided always that any person escaping into
ia any one Of the original States such fugitive may be
fully reclaimed and conveyed TO the person claiming his or
her labor or service atoreraid " r
This provision, then, excluding slavery, was by the
very terms of the ordinance, to remain as fundamental
principle Tor the government OF the Territory after being
admitted States well as before until BY the common
consent of ALL it should be changed What is the Mis-
souri, COMPROMISED Not that slavery north OF the line
agreed upon being line thy-sx degrees thirty minutes
as territory be excluded but shall forever be prohibited
The words of the sh section of the OF 9th March,
1870, the compromise laws are " Lhat ~ an territory,
&c. slavery and involuntary servnde, otherwise than IN
the punishment of crimes whereof the parties snail nave
been duly convicted shall be- and is hereby frsusr
hibed repeat, then, if the power exists 1t exists to
the extent it has been exercised, or not at all
Does the power exist under the constitution In the first
place. might save myself the necessity OF arguing the
the senator from Massachusetts mr. Davis,l because
understood him as concedng that It was power iount
out Of instead OF In the constitution The acute mind OF
that honorable senator could not avoid, he had been
willing avoid the force OF the argument that the con-
venion which framed the constitution, when It was
their purpose to confer powers OF leslsato1 did H. IN
every instance, by express terms In constituting the
government itself, and with reference to the legislative
powers which proposed to deyolve upon the Congress
of the United States itsproceeds not only in words TO
give the power but to specify the objects Tor which the
power be exercised But there was one thing to DC
accomplished which could not be accomplished by the
limited legislative power SlNcu CouhicSS III uc RSue
objects OF the government And what was that II
was necessary have territory for the seat OF gov
ernmen entirely under Its own control, SUBJECT 10 lis
own laws and altogether under the protection OF Its own
legislation Forts arsenals and dock yards, It was
might also become necessary process oil tme III every
State of the Union; and upon the same principle OF pol
icy over all such places which might be appropriated 10
these Objects il important that the Legislation OF Con-
gress should be universal and exclusive and the conven-
ton made il The language OF the constitution Is, thai
Congress shall have power .+:.
s.ro exercise exclusive legislation in all wha'so
ever such district (not exceeding ten miles sqare) as
may by cession of particular Sa'cs and the acceptance
of Congress- become the seat OF The government oil s nj
ted States and exercise like authority over all places
On hascd of the legislature OF the State IN
which the shalt be, for the erection OF iors maya
zines urserals doc kyars and other needlu buildings
What then, follows from these express grants OF pow
err What is the legitimate inference The provision
relied upon by the senator from New York; and by most
of those who maintain the power IN the constitution q
the following:
.sThe Congress shall power dispose OF and make
all needul rules and regulations respecting the 'entory OF
other property belonging 10 the United States
Mr. President the first place it is manifest that ter,
ory regarded and provided Tor, IN tnat cause Vi
the constitution property only, and That tue same
power and other, intended TO be given over IL az
il designed 10 confer over the other properly wnlch
the government of the United States authorized
under the constitution from time to time, to acquire aud
hold Now, affirm, sir that there is not to be found IN
the constitution word which looks to the existence oil
this mower uness it is found in the particular clause to
which have Just referred. My friend from Massachu
seits admitted the force of this argument and based the
opnion he entertans upon the ground that there is
power to acquire independent OF the constitution and that
such power carries with IT, as an incident the power to
oyen not uner the constitution, but out OF the const