The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-18

This section restraints the States from passing laws inter
ieng win the nights OF general citizenship when are
secured to all the people OF the United States, and ena
bes Congress to pass laws to secure them.
| The second clause OF this section declares
"A person charged in any State with treason, felony,
other crime, who shall fee from justice and be found in
another state shall! demand of the executive authority
moved TO the State having jurisdiction of the crime"
This clause forbds the States from making their terri
tory an syum for fugitves from justice from the other
States and empowers Congress pass laws providing
for the manner in which the fugitive shall be delivered
up
The 3D. clause declares that
No person held labor in State, under
the laws thereoi escaping into another, SHALL in conse-
quence OF any law regulation therein, be discha ged
from such service labor but shall be delivered
cIdn ~ The party to whom such service labor may be
due"
This clause is similar to the other. The States
prohibited from passing laws to obsruct the recovery of
fugltve slaves and empowers Congress to provide by
Jaw how they shall be delivered up
The Sd section prohibits the States from forming
State within any OF their Jurisdictions, by the junction
OF two or more States without the consent OF Congress
and 1t authorizes Congress to admit into the Union all
other new States not thus formed.
Then comes the clause under consideration:
"The Congress shall have power dispose of and make
all neediu rules and regulations respecting The territory
other properly belonging TO the United States"
But for this clause, the States within which the territory
and other property of the United States might be situated
could egsate in reference precisely they can egs
late in reference to the land and other property OF ndvd
the States by virtue of their general sovereignty and
ers the power on Congress to make all OF those rules and
regulations
The it'll section declares that
"The United States shall guaranty every State in the
Union republican form OF government, and shall protect
each Of them against nvaslon and on the application OF
the legislature, OF the executive, (when the legislature
cannot be convenedO against domestic violence"
This clause Gas Mr.. Madison says in the FederaisD
presupposes the existence OF republican form OF govern
ment in the several States; and is designed to prohibit
them from forming monarchlcal, any other than a
republican form OF governments and lest perchance 1t
might be attempted upon the pretext that republican
government did not afford sufficient protection against
invasion and domestic volence-which notion good
many people at that time enterained-the last clause
was inserted to provide against IT and IT imposes the
duty in the first case, without qualification, upon all the
States to protect each OF them against nvasIon but to
prevent them from interfering unasked with the domestic
affairs of any Of the States, they are only to act in the
second, upon the application of the State itself.
The 9th article provides the mode in which amend
ments of the constitution are to be made the 9th Sc
cures the supremacy OF the constitution and laws OF the
United States and the It'll provides for the manner OF the
ratification of the constitution. This is the whole OF the
constitution il came originally from the hands OF Its
trainers 1t will be seen that contained manly restraints
upon the States but comparatively few upon the gen.
era government Most OF its restrictions were such
grew out of lis character one OF delegated powers
This excited the jealousy OF the States; and they pro-
posed number OF amendments, every OF which crea
ted additional restraints upon Congress, but not
largng its powers The most important of which is the
10th, which declares:
constitution pohibed by it to the States reserved
to the States respectively, or 10 the people"
Thus showing that the feeling which prevailed was
hostile enlarged powers in this government; and in
constituting the constitution, the rule should be, carry
Out Is seen thai eaeh 81 aa arrce is IN
ing with the rest and that in every of them there is
er conferred upon Congress; and in instance does the
power conferred upon Congress any further than to
supply in it the power prohibited to the States When,
therefore, you have asceraned the extent of the power
tied n
of power conferred upon Congress
II seems that there be no doubt about these
principles. How do they apply to the in hand' We
have the extent of the prohibition upon the States
to that extent and greater power conferred upon
Congress The States forbidden to dispose Of, or to
other property belonging to the United States and the
power to make such conided to Congress- with the
stricon that they shall be 'needf rules and regula
tons" This is the extent of the powers prohibited and
conferred and it is that they commensurate.
1t will hardly be conended that the clause in question
prohibits the States in which the public lands are, from
egsang upon the subject of slavery, or any other than
the public lands and other property of the United States
that it cones any power on Congress over slavery IN
those States anything else than the property of
the United States AS far as the States are concerned,
there is difference of opinion. But there any differ
ence this respect between the States and the Terrific
res The power in Congress, conferred by the clause
under consideration, to dispose Of and make all needfu
rules and regulations respecting the territory other prop
erty of The United Staes is not confined to the Territories
Congress has the same power to make these rules and
|
property of the United States is situated, as it has In the
Territories. And this power is constantly exercised
without question But does any one suppose that that
power authorizes Congress to legislae IN reference to
any other subject within the States, than the territory and
other property of the United States Does 1t authorize
Congress to interfere with the subject OF slavery IN those
Sates' If il does not in the States, why should in the
Territories
Before dsmssing this branch of the argument, desire
TO call the attention OF the committee to the precise Ian
guage of the constitution II is he Congress shall have
power dispose Of and make all needfu rules and regu
ing TO the United States" The word used is "THE
RIToRY other property belonging to the United Ndtes
and not the word ''IeTvttOres, is usually quoted
bv those who contend that the clause coners powers OF
legislation on Congress- Now, if the clause had been
as it is quoted there would have been plausbity
in the argument Then it might have been argued with
some show of reason, that the rules and regulations
which Congress authorized to make, was respecting
'e Territories political organizations; but the fact
that that word is not used which the appropriate
one to convey that meaning but the singular ferrifo
,V-and that too in connexion with "Ofher properly
belonging to the United States-shows that IT was In
reference 10 the territory land property, belonging
to the United States that Congress was to make rules
and reguatonsand respect to the Territories as po-
litca bodies.
appears to me very clear that the second clause OF
the Sd section OF the 18th article coners upon Congress no
power of legislation for the Territories now held, or
hereafter to be acquired except such as may concern the
Territories as PROPERTY 1t is not pretended to be derived
from any other clause Those who talk about ITS being
an inherent power do not derive II from the constitution
but from some other source than the constitution
whence, am do not know, as never heard I'LL
lately that this government possessed any powers moi
granted 10 in the constitution, either expressly or by
implication
have thus shown that the constitution confers no
authority upon Congress to legisate for the Territories,