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

.hau,1 H. moi FeaItY
npincipIes as part and parcel Of the constitution II
not then the federal compact and our Stale constitutions
the declaration of independence and all our Slate papers,
asserting and maintaining those principles, are litue
mora than a tumble of words not worth the parchment
or paper on which they written Gan II be that those
principles are to be held as lost or Iofgosn whenever
nuperuousi This is the conclusion to which such ar
gumen inevitably lead But this is no, the true rule
The rule is that all the fundamental prncples--the
whole BODY of elemental law OF our republican institu
Ions-our Solitca Leges non scripe-the American COM
mon law as established when our governments STATE
growth and strengthened with their strength" by which
The constitution is construed and expounded-ALL ex.
tend tcih the constitution, in support and in aid of
The constitution and as part of the constitution
and that the instrument itself, bearing those prin
ciples, and as the paramount iap, reaches into and
force, well the remotest Territories OF the United
States, with without governments as the States that
formed that constitution is the bulwaIk and shield OF
every American citizens and with all whose heads and
hearts are Alright its guarantees and its principles
cred at all times and in all places land and sea- at
home and abroad whenever and wherever the American
flag waves above an American deck, American
soil What if this that the other provision pre-
hibon does not specify in precise terms Ierniores,
citizens fealty and allegance they sworn to support
and defend the constitution By what just rule do you
make this exac9n and yet deny them It's ro'ec.on ana
duty to them, you exclude them from the pale OF that
instrument Why should stipuations admitted to be
conservative and sdaarg States and their resident
citizens, be expurgated odi,s with reference to cit
residing in Territories solely because the latter are
not specifically enumerated" Why seek to evade and
avoid such stipulatiens to them? Yielding that the
constitution may not in terms, in all its PROVISIONS
Territories insist that such rigid technical adherence TO
It's letter. by which their exclusion from Its advantages is
created altogether unworthy this enlightened age, and
the liberal feeling which should animate al! who belong
the republican family of these States towards each other
The inpregnabe argument, that restriction imposed
by Congress the full exercise Of the sovereignty OF
the people of Territory when they become State. in
adv ance OF their organization OF their State government
nd yUh ch
trolls and Directs by constrant the full and free
OF that sovereignty by the State, and fact mouds
would destroy the of such State upon its amis
sion and that therefore, such restriction repugnant
The constitutions has been maintained by other
with ability that admonlshes me to avoid further expo
son of its truth advert oit for another purpose The
reply given to it, that the State the assumption of its
sovereignty, may disregard such restriction, mock ery!
The guardian who had brought up his ward sailor
might well taunt him, on his coming of age, with his
entire freedom TO adopt Of the learned pro-
LESSONS Ii be conceded that such restriction would
affect the EQUALITY of the State-f it is sd-
me that the fact of her coming the conleleacy on
and conditions imposed by the other States noi i'm.
posed upon them when they joined by Congress does
not impair such equattyfn be acknowledged that there
are, and should be, distinctions to the States of this
confederacy based wealth, population resources geo.
graphical location, superior Improvement intelligence or
virtue, greater age be considered that such new
State is not in the leas; degraded by having had while
IN her infancy, a portion OF her sovereignty despoed
by arbitrary poweri and that yet having the aterna-
tive OF remaining in territorial vassalase, of stand
ing upon her 'nhsrtnt sovereign rights, and become
alien to, and independent oil the confederacy in case
she cannot relish submission to the conditions thus
imposed, and that her admission into the Union de-
ponds on her voluntary action, still the question
remains to be answered. Where is tie letter or syia5e in
the constitutions g'r'ng such po,cer to Congress- The
existence oil the power is not proved by abandonment OF
the argument, and by the concessions alluded to- though
lis non existence is established if such argument is
not refuted The overthrow of this Argument and of
others based upon the injurious consequences flowing
IRON the exercise OF the asserted power and all the alb
surdtes to which tends but resolves the question back
again to the orr and OF the power claimed Its
advocates bound show the pecep or the ninc;nie
from which it is derived. In the absence of anv ex
press delegation OF power in the constitution respecting
the Territories except that have noticed authorizing The
being precise definition of the character of these
rules and regulations" the advocates of such power
are driven to the riie excuses and deences of oil
hons-the hacknled doctrines of inherent powers and
implied powers, and the "generai refare" principe
The various hypothesis assumed by hem-the non
recognition by the constitution in terms of slaverv-hat
ii is not federal institution and the hke-their hyner
critical construction OF the word migration as contra
distinguished from importation; all Of them (save only
that making the removal of slaves from plantation in
one Srate to plantation in another State in Terri
tory commerce within the meaning Of the constitution
all slaves, from nterdict against prohibiting for
hmtfed term the removal Of imported slaves which we
cannot eoncede without se.salt.feaon) may be july
admined-a the submated harangues respecting the
natural rights of man, and about philanthropy and hu-
mainly, free soil and free-labor," and so FORTH may be
appaied excelen, TASTE even from that section OF
the Union which supplied the South for price with
slaves from Africa and what is the result what does il
all amount to! The demand is again made Where is 10
be found in the federal constitution any express eera
ton of power to Congress to Territories on this ,lb-
Ject1 1t they will defy the enforcement of "Mat other
fgw OF this conedcracy by which, in the last resort
all federal oppression may be rebuked if they will at ali
hazards, claim the pound of flesh nearest the heart
they should at least be enabled to say with the Ventan
Jew, "H is so nominated an the bond"
The most plausible reasoning by which the power
claimed for Congress has been supported is in nv iude
ment that oundc upon the action OF the Congress OF the
confederation in adopting the 9th article of the ordinance
OF July ID, 1857, excluding the institution of domestic
servitude "orever from the Territories northwest of the
OHIO and that based unon pecedens in the legislation
OF Congress as to territories since the Abortion of the
federal constitution. think, however, close scrutiny
OF these precedens will show they should have Ile
weight All OF them have been collected cited and
commented upon by the senator from New York MIR.
Dix with that consummate ability characteristic OF ali
his efforts here and elsewhere. As presented bv him
they constitute, apparently quite formidable entTench
mens for the advocates of the arbitrary power of Con
gress the Territories, and the most imposing cover
for its advocates that has yet been advanccd vet seems
to me they are all surmounted by one query-Can ann
one believe that II the sought 10 be made hn3
been conjectured ,caeh Hlc rere ndopd tsu
10ould not hare been resisted by the wh0ie South
But will cndeayor to meet the challenge so triumph
anty given here and elsewhere reconcile The doctrines
and principles OF the ordinance of 1887 and of the pa,
Legislation of Congress, which. is said contains conces
ry from the Territories with the positions DENYING thai
power now contend for by an examination of each
of them. ~
Mr.. President the advancement of the arguments NJ
precedent in justification of the exclusion of slavery b
of Congress from Oregon California and No,, ~ :?