Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-07-08


such place places the Congress may by law have d.
Iecied The authority Of Congress exercise exclusive e-
gsson the District Of Columbia, and other places coded
by purchased of States given by The 9Th section Of the
first article has been cited TO that exclusive legislation
not intended 10 be given Congress the Territories
which mentioned that section. But that section
to have been framed with express reference the seat
Of Government aud to places purchased for the erection Of
forts, magazines, DC by the consent Of the Legislature o
Che State IN which The same shaH be- 1t seems to have been
inserted out OF abundant caution, to prevent the interference
Of the Stale and National jurisdictions; and is in aid Of my
argument that this recognises the Legislature the power
to retain dispose of the right exclusive legislation
portion Of lis soil, well 10 convey the soil ITSELF
have observed that, in the arguments made against this
plain grant OF power to Congress- each gentleman takes
position and expends portion Of his time in demoshng the
positions of those who have gone before ham, In addition to
this, the conemponeous exposition OF the trainers Of the
constitution and the continued exposition Of Congress since
that time, fnm in themselves strong unanswerabe argu
ment IN support Of this power The authority of precedent
has been attacked in this House. for the necessities Of the po
son OF opponents emineny require such attack II the
authority Of precedent allowed all there end Of this
question The ornance Of 1887 made by the Congress
Of the Confederation before the adoption of the present Gov
The ordinance of 1887 in the year 1885, after
the constitution adopted needed be envgoaied with
the blood of the constitutions and DONE The first Con-
gess Of the United States in 1889, (Augus ID reenaced
the ordinance Of 1887, and gave lie power and vitality under
the constitution and that act passed by the first Con-
gress many of whose members among those who framed
the constitution From that time to this there
where the precedent has been repeated Let remark
not precedent to establish power the power does
ON the strength Of The precedent The effect OF these
presidents establish the power given in the constu
ior. 1t to explain the constitution; show to the
meaning Of its founders to show the meaning and
dersandng OF all those who have succeeded them In the Gov
eminent and it is to be remarked ALSO that this question is,
upon this very point in dispute with respect the Oregon
Territory and the other Territories this question of free
slave erriory this question Of the introduction or6eepng
out of The institution Of Slavery 20 that this power
first applied before the adoption Of the constitution, by the
Congress of the Confederation subsequently the adoption
of the constitution by the first Congress under the constitution
and has since been recognised just much in those laws
which relate TO the territory Of Alabama Mississippi, and the
Southern territories well the Northern errtories for,
in relation to these the principles of the ordinance of l7s7
enacted, with the exception of the slavery clause the
sixth article of compact and each of these acts relation to
these territories Clearly recognised the Congress
the Of l769-as that which applied Iowa any other
Northern territory, in whose organic laws the prohibition of
slavery contained.
II right in upon the power of Congress,
the question one of Justice and expediencythe question
of the exclusion of slavery from the Territories And is
the right Of every portion of the people of this country to be
heard upon tins subject for this territory is their common
property, in regard TO which they entitled to
voice. Ii is proper for common discussion upon another
grounda ground started by Mr.. Madison in the following
words These words spoken in the first Congress under
the constitution, the 18th MAY, 1889, upon the impos
bill, upon the motion to insert clause in the bill imposing
duty the importation of slaves of dollars each person
Mr.. Madison said
Ii afraid OF being told that the Representatives
OF the several States the best able judge what IS pro-
per and conducive their particular prosperity should
that it is much the interest of Georgia and South
Carolina OF the Union. Every addition they receive
to their number of slaves tends weaken and render them
less capable OF seldefence In ofhostes with foreign
nations, they will be the of inviting attack instead of
pelng invasion It necessary duty of the General Gov
protect every part of the empire against danger
well internal external Every thing therefore, which
tends To increase this danger, though be local affair."
yet it involves national expense safety becomes of
he Hmm iS
consideration of those charged with the general administration
OF the Government hope, in making these observations
shall not be understood to that proper attention ought
he paid the local opinions and of
part of the United States that the particular representa-
ves not best able to Judge of the sense Of their immediate
constituents"
These just and sound observations made upon the
question Of imposing duty upon slaves imported under the
constitution previous the year ls0sa duty based upon
first to discourage and check their Importation
and secondly TO improve the This question
Of particular interest the States alone No others
paid the duty. Yet Mr.. Madison justified the
ton, upon the ground Of the interest," which
prevent the increase Of slaves in any Of the States How
much more then, upon this question: is proper for every
part Of this Union take part in the discussion Of question
which affects territory them in the conside
ration Of which the rights of affected but in which al
have common interest
will say, then that the institution of domestic slavery
ought to be introduced into free territories is not
h there bat the power Congress should be exerted
prevent It's introduction Sir shall speak Of slavery only
in the language OF those who know better than do
shall refer for its character to the language Of Of the most
eminent of the many eminent of Virginia. the
words Of whom dead seem TO to remain clothed with iv
Ing power rarely found in fireworks which fall from the feent
lips of the most eloquent living orators such the union of
intellect and heart which gave utterance to them.
In the debates in the Virginia Convention, in l7sS, on the
adoption Of the Federal Constitution Patrick Henry said in
arguing against the general powers Of the constitution
"As much deplore slavery, that prudence forbid
its abolition. deny that the General Government ought to
them free because decided majority Of the States have
the ties OF sympathy and fellow feeling for those whose in
would be affected by their emancipation. The majority
of Congress is to- the North and the slaves the South
In this situation great deal Of the property Virginia
in jeopardy, and their and tranquility gone Ire
peat again. that would rejoice my very soul that every
Of fellow-beDgs emancipated As ought with
gratitude admire that decree of Heaven which has number
ed among the iree ought to lament and dpore the
cessiy Of holding eowmen In bondage But is Il
ticable by human berste them without produ
ting the dreadful and runous consequences We ought
possess them the have inherited them from
their manumison is incompatible with the fell
city OF the country. But ought soften much pos
sible the rgor Of their unhappy fate 2 Eots Debates 2
He presents it s an institution TO be depored" the
abolition Of which prudence only fobids because attended
cessy Of holding eow-men in bondage is amented and
deplored. That is the institution Of slavery which il is
now proposed spread the great Pacific slope OF North
America up the forty ninth parallel of north latitude.
present two of the arguments by which the CONT
of slavery in the slave States advocated and
taned and them and make of them very strong
territories and shall submit to the members of this House
.l-.l.s "a -.