The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-02


not be justified the grornd that their abolition woulc
most efectuay destroy such trade The pretence is toe
far fetched Lake arguments would justify congressien
al edic for the burning oil all American ships engaged
foreign commerce, to prevent importatons by them
peng with domestic manufactures; and the destruc
ton OF all our ootton except what is necessary for the
home supply.
Ii the constitutional authority OF Congress- 10 slavery
and slaves, is not held to be limited to legislation respect
ing the Emigration or Importation OF slaves from abroad
and 10 the inhibition OF the admission OF such slaves into
the States Territories by general law, the deduction is
clear, (and Is pregnant of fearful consequences
that there IS no excuse or argument that has been or can
be presented IN avo either OF the right or OF the proprety
or of the policy, OF extending the exercise OF the power
beyond that limit, that MAY not be urged with equal
plausbility 10 sustain interference with the institution
and to a slaves IN the States old and ne as well as
the Ierriicr7es. Indeed some boldly claim the power
without limit, rep5i the idea OF any restraint whatever
existing, and contend for the right in Congress TO abolish
slavery in the States Others, with greater sagaclty
and policy, but as devoedy intent the same ulti-
mate object, yet concede that the original States
who parties to the constitution, and perhaps
those admitted since parties, may have that instrl
ment barriers against interference by Congtess with
their local institutions and laws; but that the Territories
not being parties to the constitution, without such
shield do not consider there rs any great difference as
to these assaants 1t is only to the m6de OF assault
Indeed the ayowed abotionis whose attacks open
and direct is more worthy antagonist than those whose
course as concealed indirect, and lnsidous. The hos
ty of either, when excited by sectional prejudice and
stimulated by combined party action, will net be restrain
ed by the concessions OF constitutional GUARANTEES now
ence, or when party policy demands ii, there is little
curly that all now admitted will not be repqdiaed
The srictest scrutiny and the most liberal construction
Of the constitution sill not exhibit any provision, except
that have cited conferrng in express terms, any pow
upon Congress to Territories. 1t "dispose of
and make needfm rules and regulations respecting The
territory or other property belonging to The United
States" This is the extent Of its powers. Differing
with senator's yield TO the judicial decisions that
this clause intended TO confer limited authority to
Congress to eysae for the government of Territories,
and hold to be the only authority delegated In the
constitution; and prefer this to any implied power
1t has been suggested that Congress exercise the
power claimed under the 3D. clause, section s. article OF
the constitution, deleSang TO it the power to regulate
commerce with foreign nations, and among the several
States" &c. As to Territories, this clause does not, in
It's terms, include them; and those who urge app
cable 10 them involve themselves in the inconsistency Of
insisting, that when powers conferred upon Congress,
Territories are to be included, but when they nth
held from Congress- or the exercise OF them prohibited,
they not included 1t is bad rule that will not
work both ways. submit the true rule is that Terrific
es are IN the same category as States except where the
constitution expressly confers additional eytraordina
y powers with respect TO Territories, in the clause
OF the 18th article before ced and that such powers
before insisted, must be in their character, and the
else OF them must be consistent with the elemental laws
of the government, and not volatve of the restrictions
prohibitions in the constitution to its general legis
ation 1t may be well to observe, that if the clause OF
the ls article referred to has any bearing the subject
of slavery, applies TO the Stdes and under the power
by Congress TO inerdct the removal OF slaves from one
Sas 10 another may be claimed with equal force to
a Territory The removal emigration OF slaves
Especially If not for sale merely from part OF the
Union TO another (and in the term Union am willing TO
include the Territories giving the provision full effect
10 theml is not within the meaning of the term 'co
merce;" and. if otherwise, the power TO "regulae com
merce" is given to promote IT. and cannot rghttuy be
welded to anIiilate it, With respect to SLAVES land
whether considered property or persons is, in
my Judgment, entirely mmateral, at any rate by
means decisive of the quesoneach State exclusively
has the power to regulate their introduction or to pro
hibt it with respect to itself, it may deem best Mr.
Clay in his admirable speech abolition petitions, de-
livered in this chamber the 18th of February 1885,
successfully assas the construction placed the clause
of the constitution quoted giving to Congress any pow
ers as to slaves and slavery; but the argument OF Mr.
r. j. Walker the Supreme Court OF the United States
in Groves Slaughter, in Sll (AppendiX, 10 Peters
Reports should put rest for ever (See also The
city of New York Us Milne" IL Peters 1922 That
argument of Mr. Walker has, my judgment, been
exceed if equaled by any made in that Court If its
distinguished author had done nothing else, the mastery
ability profound learning, and accomplished eoquence it
displays, would be sufficient to ace him in the very first
rank the eminent constitutional lurlSs and statesmen
this country has produced
A critical examination of the phaseoogy of the clause
have referred to of the 4th article, respecting Terrific
RES word by word, will prove that the powers intended
to be conferred Congress to Territories are
limited The terms employed are peculiarly cautious
and restrictive Congress is not, it is with respect
to the District Of Columbia, dock-yards, arsenals,
&C., invested with the power of "ercuspe iegisla-
ton !" the terms not, that, to Territories, the
people of the Territories, Congress may form "consti-
iute, "ordan" or"esabsh" governments for them--the
Territories and people used and is authorized
only make" (no general laws of every character but
merely s'rules and regulations respecting the territory
Gas ''propery oher property belonging to the United
States" and those rues and regulations must be 'need
full :" the power cannot be exercised except in of
necessity repeat, this carefully worded clause OBJ
vlousy intended to be restrictive. comparison of it
with other clauses of the constitution that have ndica
ted proves this 1t cannot be made consistent and har-
mornous with those other parts OF the constitution with
out so regarding it. Such construction gives definite
meaning to each word il, and to each word in the other
clauses, some of which would otherwise be unmeaning.
This pOWernot to form constitutions not TO prescribe
and ordain fundamental political laws, not to exercise
exclusive legislative powers not even TO enact general
laws; but the limited restricted authority to ''Inake'
temporary "rues" municipal police regulations" of
local character respecting the property of the United
States designated as "the territory belonging to the
United States not respecting or for the people there
the sole basis OF the asserted right to llma
Bile sovereign authority over Territories, and the people
residing in them, and their poserity The omnipotent
supreme arbitrary power claimed for Congress- springs
exclusively from those dozen and half words. They
compose the whole foundation of the mighty and magn
supersucture of federal power, which the people of
this country told based the federal constitution
IT am in error, demand to be informed of that part of
the constitution specifically delegang Congress power
OF any kind 10 do anything with respect to Territories,
besides this have quoted. AS have before said, do
question the power OF Congress being with respect
general legislation for Territories the same pec sely
its power with respect TO the States and derived the
same ways and intend my argument only to refer to
special and extraordinary legislation TO Territories, and
limit It's application 10 the principle that such special
legislation necessity may demand to be controlled by
the same general rules
The constitutional power to make ,car, and the treaty
power, have been invoked in aid of the claim made for
Congress of supreme legislative authority over the Terri
tories and their people The right conquer, to receive
OF and TO annex foreign territory and their