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

tuition contemplated the future admission of slave
States The States to be admitted, which were
more particularly in the mind of the convention, Were
undoubtedly those which it contemplated would be
carved out OF the territories which we then pos,
sessed, and which it was daily expected would
acquire by the cession of the States 1t known
to the trainers of the constitution that territorial govern
ments would, from necessity precede the organization OF
States Can any one at all conversan with the history
OF the constitution for moment believe that il would
have been adopted If il had been understood that Con-
gress might prohibit slavery in Territoresi Sir, if there
was one feeling which than any other characterized
the proceedings OF the convention, il settled dis
trust the part OF the southern States OF the northern
and eastern States on the subject Of slavery. The cons
safeguards contained In IT, which were insisted upon by
the south as SINE qua mons" With these notorious
facts staring in the face, any believe that this
means OF war upon slaverythe right of Legislation for
the territories upon the subject OF slavery danger
Gus than any other-woud have been quietly conceded
by the south Sir it is impossible. Who, at all
quainted with the history OF those mes beleve0 for
moment that the constitution would Nhavel been
adopted il had been understood that conferred such
power upon Congress! When the south insisted upon
safeguards and guarantees part of the constitution
condition OF their adopting it, any believe
they would have conceded In other parts powers which
would make them all nugatory? There is no one who
believes this. Then the solemn question arises which
beg gentlemen to consider camly,Can this constitution
last if powers exercised in violation of it. the grant
of which would have prevented its adoption!
The constitution guarantees to each State republican
form OF govenmentthe fundamental principle OF which
the right OF self government The very definition OF
tyranny is to be subject to laws, in the enactment and
continuance OF which we have no voice. the very def
milton OF epublcansm is the right to govern ourselves.
And yet gentlemen protesting TO be republicans
here, and not only claim the right to egsate for peo
pie without consulting hem but absolutely 10 make that
legislation rrevOcable!
This attempt on the part of Congress to legsate for
the Territories is in violation of fundamental principle
to maintain which our forefathers waged a war OF
seven years duration, and of unparalleled hardshjps
and suffering The British government claimed the
right to egsate Tor the colonies in reference to their
internal affairs But the colonsts resisted upon the ground
that the OF tyranny to subject laws,
in the enactment OF which they had voice 1t was
proposed this objection, by granting them rep
resentatives in Parliament But the coonists declined
it, upon the ground that Parliament even then would not
have the essentials which make representation safe
guard. These are that the representative should feel
his own laws, and that those upon whom they are to
operate should have periodical power of removing him
The people OF the colonies would have no power to
move member OF Parliament elected in Great Britain
would the laws passed by majority that country,
but operating exclusively in this affect any individual of
that majority. Such representation therefore,
garded as worse than mockery, by being present
there by representatives, II would to sanction
laws passed in violation of the essentials of
And this essential principle in the maintenance of which
foreathers poured their blood like water lies al
the very foundation of our system OF government, and
suggested the existing distribution of powers between the
General and State governments All general powers
delegated to the first and all local powers are reserved
to the last Look through the whole range of congress
siona powers, and you do not find one which, when
erCSeu, does operate upon the people oil Inc whole
country and affect the constituents OF every representa-
tive who exercises them All local matters left ex
clusively TO the States And this is done much be-
the vital principle OF representation requires it,
because we have not the local knowledge which would
principles of our system Conflict with the power fssss
claimed to legislae In reference to the internal affairs OF
the territories The precise portion OF the people upon
whom alone the laws to Operate exactly the only
portion who would have no hand IN their enactment;
and the constituents of the representative who passed
them and the representative himself would be entirely
hair ha hpp
scrpton of tyranny than this? And yet persons, calling
themselves republicans, maintain it had hoped that
such doctrines would have been left TO the advocates OF
despots
In this connection, desire read an extract from the
writings of John Taylor, of Caroline, of whom Mr.. JEFF
ferson said he had never written line which he did
not approve:
But this teudal power of annexing conditions the
settlement of conquered acquired territory by the
been exploded tyrnnnical both here and in England
One of our principles in the colonial state was that emf
rights The colonists claimed the rights of Englishmen
and not only obtained them but have, hope greatly
grants should be subjected to dimnuton Of their native
rights by the pleasure of Congress All of them enjoyed
emigration. II Congress egisate The States
from whence they removed and may do SO by annexng
conditions that which the enigrants from
these States may create. it obvious that these citizens
have lost very important native rights by
igration from part OF country another Ii The
coonsts emigating from England were correct in assert
ing by force OF arms that they brought with them all the
enig may also contend that they carry with them all
the rights conferred by system Among these, the
conditional right to make their local constitutions and
ia,s ichout being subject to conditions imposed by
errdncons authority has been me most important md uni
Ue-saity exercised by every State in the Union"
Every OF these principles applies, with increased
force to citizens OF any of the States emigatng to the
Territories. They carry with them all their rights the
most important OF which is the right of sefgovemment
The practice OF the government has not seems to be
taken for granted in this debate been inconsistent with
these views, will proceed to Show and must here
beg the indulgence of the committee for minuteness
of detail.
First, of the ordinance of 1857, about which have
heard so much. In the first place. do not hesitate to
say that that ordinance originated in palpabe usurpa
confederation conferred upon Congress such power
Indeed, they conferred scarcely any legislative powers
whatever The powers conferred were mainly execu-
tive, and related to foreign relations The Congress-
under the confederation, rather many headed eX
ecutve than legislative body
The Congress of 1884 seemed to cOncede that they
could not legsate for the Territories and they attempted
to give validity TO what little they did, compact"
This will be apparent from the history OF the uansac
ton.
On the LIST day of March, 1854, the delegation in Con-
gress from Virginia executed her deed of cesson of her
territory northwest of the river Ohio in which she coded
to the United States all of her right title and claim
yell of soil as of jurisdiction" but stipulated that the
French and Canadian inhabitants and other settlers Of
the Kaskaskias st Vncens and the neighboring villa
ges who have professed themselves citizens of Virginia
shall have their possessions and titles confirmed to them
and shall be protected in the enjoyment of their rights
and liberties"
1t must be borne in mind, in this connection, that al
that time there white inhabitants in the territory
except these Canadian and French inhabitants and set
tiers.
On the 10th of April, 17s4not quite two months atte