The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-28
THE UNION.

hold the republican doctrine held Dy our leaders on td
memorable occasion, and think have fairly and fully
stated the result of the conclusions adopted.
But, sir, TO leave those provinces without
government in the face of the treaty. in utter disregard
of faith and contract Are we to abandon them
to the pers of savage incurson and domestic anarchy
Are to play this childish game before the nations OF
the earth trust not, sir Whether the North give us
rlgtts not let us do duty. The CLAIMS OF hu-
many and the duty TO the demands OF cvillza-
tlon, call loudly for prompt, staesnanlke action Inc
President IN the the table, asks Tor the fuh
men of this duty which owe TO the Territories, and
make II a subject of party struggle involve II IN the
presidential canvass and forget the claim OF Inc inhabt
ants OF the Territories upon The dust raised IN the
scramble on the subject OF slavery overshadows all Their
claims; and upon the OF the adjournment OF
what may be well called the Long Parliament, without
dscharglng this high duty.
My colleague Mr.. DoNNELL1 has said that the power
to establish or 10 forbid slavery IN the Territories is de-
rived from the very clause relied upon by TO establish
the opposite conclusion. He has informed the House.
and myself in particular, that Congress has the power to
dispose of, and make all needfu rules and regualo II
respecting the territory other property belonging 10 thu
United States that law Is rule, and regulation Is
but rule, or law. admit it certainly no lawyer could
question so grave and clear proposition All that as
sert 49, that these rules and regulations refer to territory
only property relate TO the disposition OF that prop
ery for the common goodand must be according TO the
constitution OF the United States. Congress cannot
change the nature OF property acknowledged to be such
at the adoption OF the constitution and consequently can
not change the right of property in slaves. But sir,
so fully discussed this subject on former occasion as 10
render unnecessary to pursue II further at present II
is the unnecessary nasmuch as he has been pleased
to pay me the unexpected compliment OF having, in ad
of the distinguished senator from South Carolina,
Mr.. CALHOUN presented view OF this subject which
he recognised just and legitimate. Sir, can desire
better position than that assigned me, That pure and
distinguished senator has for himself the confidence
and the admiration of his country and am well content
TO be uninellgble to my colleague, II am under
stood by that senator, and the force OF my argument &C
knowedged by hun.
And would here remark, that the precedent cited by
my colleague from the deed OF cesslon made by North
Carolina OF Tennessee to the United States, does
prove what he desires upon this OCCASION he read 1t to
prove that the power of Congress the subject OF
slavery in the Territories was acknowledged by North
Carolina, because she, in the deed of cesson expressly
stipulated that the ordinance OF 1887 should not be
tended over that Territory This the act OF a
reign State, making cesson of her own free WILL and
having right to annex any condition which she
chose, and the government OF the United States
would accept. The North State did not choose TO cede
on any other ierms and, as a sovereign dictated the
that the laws fobiddng theft and murder pesupposed
the right OF Individuals to commit those crimes be-
fore the enactment OF the law or that the law requir
ing to support the constitution presupposed
our right violate it if that formalty observed
North Carolina did not mean that Tennessee should be
harassed with questions OF this Sort now that the EN-
barrassments arising out of the ordinance OF 7S7
beginning to be felt and in the terms OF the contract,
bound the government of the United States to forbear
from ntermeddng with the rights OF property OF those OF
her whose allegiance she about to transfer Nor
is he fortunate in his reference to Vael The pas
sage relied treats of the power and the duty of prince
or sovereign to regulate the manner IN which common
property be enjoyed by his subjects All this is true
and any sovereign State may enact such laws, to operate
within her limits. She may exclude slavery in
whole part may declare some OF her soil to be free,
IN the pa,llnee Of the day, and make it lawful to hold
slaves w thin other portions OF her limits
But where sir, has the gentleman found the attribute
of sovereignty in Congress or this government "a mere
trustee with delegated and strictly defined powcrs-and
express reservation of sovereignty IN the States and
the people of the States know that this idea of
ereigny the part of this government is favore one
with ali politicians who favor the system OF ceatralza
ton Gentlemen have gravey argued on this floor that
our federal government must be sovereign, because, In
accepting territory coded by treaty. that cession being
OF sovereignty the acceptance of the cesson must also
be act of sovereignty. Sovereigns may make treaties
with each other, but it is not matter OF necessity that
the powers of each OF the contracting parties should be
equal They may or may not be equal and yet the con
veyance of the to the other may be good, whilst the
converse would not be true An infant may receive
conveyance OF estate but cannot make one The Presl-
dent and Senate may receive by treaty the territories OF
sovereign State but he could not convey away BY any
treaty made by him ratified by the Senate, any portion
of the territories of the United States
l am apprized that strong federal government,
is the panacea with some politicians for all political
evils; and it is little instructive as well as
amusing the various changes which come
over the views OF politicians as TO what branch OF
the government ought TO be strongest. At one time
Congress is the aggressive power, and violates the
constitution, and is not restrained by the Executive; but
the Supreme Court declares the law OF no effect and
camor is raised against that branch Of the government
and men cry out for short terms and responsibility TO the
people The courts assaed, and efforts made to de-
soy their influence by political Remuneration But the
Judiciary goes on, and is by the calm, sober second
thought OF the people, rensated in the confidence and
veneraon OF the country Again. Congress, under party
excitement, or by controlling impulse, make laws
which are not esteemed wise or wholesome. The Pres
ldent nerposes his veto and host OF disappointed poll
tIcans rail out at the Oneman power SO OF the Senate.
Whatever branch of the government impedes the rl.
umphs OF party organization, gives time to reflect and
guard against hasty imprudent legislation preserves
nviolae the principles of the constitution, has for time
to bear the ratings and the oucry OF the defeated and
disappointed. The wing party for the last eighteen or
twenty years have felt the influence of the Executive
veto and to be expected, have been clanorous
for its modification or its extinction 1t has been made
an issue every presidential election for many years. and
is which much camor is raised, and Il speak
not of this House, but elsewhere) the favorte theme OF
the demagogue. We told of the tyranny of man
ercised by Executive. For the sake of argument,
suppose it So The power is in the constitution, and
the resessness of the wing party under the restraints OF
the constitution causes the clamo Do they taunt the
democratic party with devotion to executive power? We
reply so ii is written in the constitution Do they de-
nounce the Executive for its exercise So it written
in the constitution The power is given him that it may
Judge of that occasion Washington vetoed on mere ex-
pediency and all the Presidents, with perhaps only one
exception employed the same power. Who complained
OF the veoes The people No, sir, no The poll
tcians-he disappointed and hwarel politicians. The
levlahan into whose Jaws the hook was inserted, made
the great deep to resound with his wangs and his strug
giles but the people reoiced-the people approved Gen
provement; Immediately clamor loud and long dis
tubed the peace of the whole country Politicians told
the people that they ruined ensaved by the one
man power They made the issue, and the people said
he was right But am answered. that General Jacksons
overwhelming popularity sustained him. and secured the