Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-21

, OF the Unired States. as Id a. a;nlon Blu
concerned, there is no difference 0. uph swrer
is there any difference, 10 tnis isT rre mower il
Tho S,ares and The Territorlesf Ihe pars;ds
merose conferred by The clause undet eon',us
.;nn nlo disnose of, and make all neeu'u' w,
Ia rsonlations Respecting, The erfho'y " o",
a1n,sr,r n, The United States, IS not colnneu -
r,oPr a,,;,orire Congress has the same PoSei :.
VIZ 10 ,hese rnles and regulations IN me o11.G
whore .ihe territory or other properly " ~"
Tod Staes" is situated as II mas ID ''ie 'hnn,
Ard This power is constantly eAcie'seN ~, ,h.,
ques'.on. ,ho,;zss Cnperess TO legislale IN Iele'
pno, 10 anv other subject within Inc o,a'eT, 'naI
,se ,.rri,oty and other property OF Tue oun.a
S,.,ssq Docs i. authorize Congress 10 'n'eie' !,
with the suterr of slavery in those o'a'ess -rer
WI" nv, in ihe States, why should II IN Inc Ter
rilories7 ,:.,,,hof ,,o argument.
dssire 10 call the attention oil The coinnl'''te ~
-. precise language OF The Constitution u IS,
"ths Congress shall have power 10 dispose ", a"'
make all nredIul rules aud regulations rcspeu'
ing The terr.uy or other properly belonging 70 .ae
United Siaies." The word used Is "ThE TERRI,
RY or ether property belonging to fhs On'tea
Stats" and moi the word "Ieuit9riss," as II IS
usually quo!ed by those who contend that me
clause coniers mower OF LEG islaliun on Congress
Now il the clause had been as IL is quoien, lneie
would have been more plausbliiy IN me arsu'
| ment. Then il might have been argued WIN
some show OF reason that the rules anu 'esu'a
lions which Congress was authorized 20 MAKE
was respecting the Territories as Po'i'icd' Ut
eaniza ions; bu, he tacI tina, mat wofo IS ho' useu'
With was the appropriate one 10 convey ,ia'
meaning, but The singular "tcTttTy 'na',
| too in connection with "0iher properly oeeonShs
,otie Tinted Staics'-shows that il was III refer
/ md
inc 10 The United States. that Congress was 70
make rules and regulations, and not IN respect 10
The Territories as political bodies.
| Il appears to me very clear. that The second
| clause OF the 81 section OF The oh article, con-
| fsrs upon Congress no power o. Legislation LOT
| The Territories now held, Or hereafter 10 he ac-
qnired, except such as may concern the ierii'o,
lies as prnpctty Il is mol p,eiented 10 be derived
| from any other clause. Those who talk about
lis being an Inherent power do hot derive II rom
me Constitution, bur from some other source thah
| the Constitution; whence, am su-@ q mol KNOW,
as | never heard ill lately that THIS Go'ei men
possessed any powers no; granted 10 u ~ 1he
Constitution, either expressly or oY implication
| have thus shown lhatthe Constitution coniefs
no au horny upon Congress u es'slate Tor Inc
Territories EXCEPT in reference 10 he pubic lands.
| now take higher ground. | maintain that mol
only no such authority is delegated By any provi.
sion in the Consultation, bur thai II is IN diFect
.nflict with some Of Them, and with the spirit oil
the whole instrument.
The Constitution of The United States provides
Tor The admission of new States INFO Inc Union.
The third clause of the second section oil he flrs'
article declares, 'hat repre- -enIaiives and oifect
taxes snail be apporloned among The .vera
States which may be included within IhIs Union,
according 10 their respective numbers, winch
'snail be determined by adding 10 The whole num-
Der oil free persons, including those onnnu 70
service tor term Of years. excluding Indians
not Taxed, three filths OF all other persons"
Here we find that representation OF slaves IS
expressly provided for in new States 10 be admit
ted into The Union. This proves conclusivey
thai The trainers Of The Constitution contemplated
The fu.ure admission Of slave S a,es, The new
States 10 he aamiued, which were more paitlcu
iary in The mind Of the Convention, were IN
doubedIy hos- which II was conlempla ed would
be carved out oil the territories which we then
possessed, and which il was daily expected we
would acqlre By The cessi o' the States. IL
was snoWn 10 the trainers oil The Constitution that
territorial governments would, from necessity,
precede the organization oil SAFES. Gan any
one, al all Conrefsant with The nistory 81 me
Constitution Tor moment believe mai y "ouli
nave been aop'ed if il had been understood MAJ
Sir, il there was one feeling which more than any
other characterize the proceedings 81 the Con
ysnion. il was settled dis'rusi On The par, 81 the
southern States Of The northern and eastern States
On The subject OF slavery. The Constitution 1t
self shows his. Look at The guarantees and
SAT guards contained in it, which we're insisted
upon by the South as "siac qua mons" With
lhese notorious facts staring US 10 the lace, can
any one believe that this means OF war upon
savery-the right OF legislation for tie territories
upnn The subject Of slavery, more dangerous
than any oihei-woud have been quietly c,nce-
ded by the South? Sir, il is impossible. VINO,
al all acquainted with The history Of hose times,
believes for a moment that the Constitution ever
would have been adoped If it had been I'M
dars God that i, conferred such power upon
Congress2 When the South insisted upon safe
guards and guarantees in one part OF The Consti.
lurioa, as condition of their adopting il, can any
one believe they would have conceded in other
parts powers which would make them all nnga-
tory2 There is no one who believes This. Then
the solemn question arises, which Big gentle
men to consider calmly: Can this Constitution
last, il powers are exercised 10 violation OF II,
he grant OF which would have prevented lis
adopion2
The Constitution guarantees 10 each Stale
republican form Of eoverament-lhe I, ndanen.
| a principle OF which is the right OF sel.-eovctn-
msDt The very definition OF tyranny is 10 be
| subject 10 laws in the enactment and continuance
! OF which we have no voice; he Very definition OF
| repubicanism is The right 10 govern ourselves
| Ant yet gentlemen protesting 10 be republicans
| come here, and moi ony claim The right - lesls
tale Tor people Without consulting them, bu'
| absolutely 10 make that legislation rTcrccahe
This auempl on The part OF Congress 10 legis-
| late Tor The Territories is in violation OF tunda
4 prin nj inta in W a.
theirs wasei war Of seven years duration, and
| Of unparalleled hardships and suferings. The
| British Government claimed the right 10 legslate
| tor the colonies in relation 10 their internal al
tairs. But The colonsrs resisted, upon the ground
| that il as The essence OF tyranny 10 subject men
10 laws in The enactment Of which they had M
voice II was pop, sed remove this objection
| By granting them representa- ives IN Parliament.
But The cnloniss declined il, upon The ound that
| Parliament even h"n would not have the essen-
lials which make representation safeeuard.-
These are that the representative should feel his
own laws and that those upon whom they are 10
Operate should have period cal power Of remov.
ing him. The people Of The co!oues would have
no power 10 remove a member OF Parliament
cleo ed in Great Britain; nor would the laws pass
ed by majority IN that county, but operating
exclusively in this, affect any individual OF lhal
| m lpriiy. Such representation therefore, was
regarded as worse than moekery, a, by being
present there by our representatives., i; would
seem TO sanction laws passed in violation OF The
essentials II representation. And mis- essential
principle in The maintenance OF which our fore
fathers poured on their blood like wai-', lies a
he very foundation OF our system - governments;
and suggested he existing dlstrisu:i"6 .! powers
between ,he Genera AMI The STATE G 've5nments
ali general powers are delegated 10 h first, and
All local powers are reserved 10 the l:st. Look
through The whole ranse Of Congressional pow.
ers, and you do no! fad one which, when exer'
cised, does not operate upon The pc pie o! The
whole county, and affect The constituent of eve.
~ representative who exercises them. All loca
matters are lett exclusively L. The States And
this is done as much because The vital principle
OF representation requires ii. as because We have
no, he local Knowledge which would euahle us ,C
lesislaie wisely. How violently Go these princ
pies ot our sysiem colfl CT with the power now