The North-Carolina standard., 1848-09-27


duty. The claims of humanity and the duty we owe
to the demands of civilization, call loudly for prompt
statesmanlike action The President in the message
the table, asks for the fulfllment of this duty
which to the Territories, and we make it a
subject of party struggle, involve it in the Presden-
tal CANVASS and forget the claim of the inhabitants
of the Territories upon The dust raised IN the
scramble the subject of slavery overshadoWS all
their claims and are upon the of the adjourn
ment of what may be called the Long Parliament,
without discharging this high duty.
My colleague Mr.. Donnell1 has said that the
power establish or to forbid slavery in the Terrific
es is derived from the very clause relied upon by me
to establish the opposite conclusion He has inform
ed the House, and mysefin particular, that Congress
has the power to " dispose of, and make all needtul
rules and regulations respecting, the territory or other
property belonging to the United States that law
is rule, and regulation is but rule, or law l
admit it certainly lawyer could question so grave
and clear proposition. All that assert is that these
rules and regulations refer to territory only proper
yrelate to the disposition of that property for the
common good-and must be according to the Consti-
tuition of the United States. Congress cannot change
the nature of property acknowledged to be such at
the adoption of the Constitution, and consequently
cannot change the right of property in slaves. Butt
sir, fully discussed this subject former oc-
casion to render it unnecessary to pursue 1t turh
present. 1t is the unnecessary, in asmuch
as he has been pleased to pay nae the unexpected
compliment of having in advance of the distinguish
ed Senator from South Carolina, Mr., Calhoun pre-
sented view of this subject which he recognized as
sition than that assigned me. That pure and distn-
gnished Senator has won for himself the confidence
and the admiration of his country, and am well
content to be unintelgble to my colleague, If
understood by that Senator, and the force OF my
argument acknowledged by him.
And would here remark, that the precedent cited
by my colleague from the deed of cesslon made by
North Carolina of Tennessee to the United States,
does not prove what he desires upon this OCCASION
He read it to prove that the power of Congress
the subject of slavery in Territories was acknoW-
edged by North Carolina, because she, in the deed
of cesson, expressly stipulated the ordinance OF l77
should be extended that territory This was
the act of sovereign State making cession of her
own free will, and having right to annex any con-
diton which she chose, and the Government OF the
United States would accept. The North State did
choose to cede any other terms and, as SOW
ereign, dictated the condition of the cesslon. AS
well might argue that the laws forbidding theft
and murder presupposed the rig ght Of individuals to
commit those crimes before the enactment OF the law
that the law requiring to swear to support the
Constitution presupposed our right to violate ii if
that formality not observed. North Carolina
did not that Tennessee should be harrassed with
questions of this sort, now that the embarrassments
arising of that ordinance of 1887 beginning
be felt, and, in the terms of the contract bound
the government of the United States to forbear from
utermeddling with the rights of property OF those
of her whose allegiance she was about to trans
fer. Nor is he fortunate in his reference to
Vattel The passage relied treats of the power
and the duty of prince sovereign to regulate the
manner in which common property is to be enjoyed
by his subjects. All this is true and any sovereign
State NAV enact such laws, to operate within her
own limits She may exclude slavery in whole or In
part may declare of her soil to be free, In the
parance of the day, and make it lawful to hold slaves
within other portions of her limits.
But where, sir, has the gentleman found the attrl-
butte of sovereignty in Congress this Government
"a mere trustee, with delegated and strictly defined
powers-and an express reservation OF sovereignty
in the States and the people of the States l know
A.. 1o{1 of
ernment is favorte with all politicians who ia
vor the system of Capitalization. Gentlemen have
gravely argued this floor that our Federal Govern
ment must be sovereign, because, IN accepting terri
tory ceded by treaty. that cesson being act OF SOW
ereignty the acceptance of the cesson must also be
an act of sovereignty. Sovereigns may make trea-
ties with each other but it is not matter of neces-
sty that the powers of each of the contracting par
ties should be equal. They may may not be equal,
and yet the conveyance of the to the other may
be good while the would not be true. An
infant may receive conveyance of estate, but can
not make The President and Senate may receive
by treaty the territories of sovereign State, but he
could not convey away, by any treaty made by him
or ratified by the Senate any portion OF the terrific
ries of the United States.
I am apprised that strong Federal Government
is the panacea with politicians for all potical
evils and it is not little instructive as well as
amusing to the various changes which come over
the views of politicians what branch of the gov
ernment ought to be strongest. AT one time, Con
4
stuton, and is restrained by the Executive; but
the Supreme Court declares the law of effect and
clamor is raised against that branch of government,
and cry out for short terms, and responsibility
to the people. The courts assailed, and efforts
made destroy their influence by political denuncla-
tion But the Judiciary goes on, and s, by the calm,
sober second thought of the people, renstated In the
confidence and veneration of the country. Again,
Congress under party excitement, or by some con-
trolling impulse make laws which not esteemed
wise and wholesome. The President interposes his
veto, and host of disappointed politicians rail out
at the one-nan power. So of the Senate. Whatever
branch of the government impedes the trlumPhs OF
party organization, gives time to reflect and guard
against hasty mprudent legislation; or preserves
invoate the principles of the Constitution has tor
time bear the ratings and the outcry of the defeat
ed and the disappointed. The Whig party, for the
last eighteen twenty years, have felt the influence
of the Executive veto, and, to be expected,
have been camorous for it's modification extinc-
ton. 1t has been made issue in every Preslden-
tial election for many years, and is on which
much clamor is raised, and speak not OF this House,
but esewhere) the favorte theme of the demagogue.
We are told of the tyranny of one man; that pow
er superior that of any crowned head is exercised
by our executive. For the sake of argument, sup
pose it so. The is in the Constitution, and
the resessness of the Whg party under the restraints
| of the Constitution causes the clamor.. DO they
taunt the Democratic party with devotion to the Ex-
ecutive power - We reply, so it is written In the
| Constitution Do they denounce the Executive tol
its exercised So it is written IN the Constitution
The power is given him that it may be exercised on
all proper occasions, and he must be the Judge OF
| that occasion. Washington vetoed on mere expedl
ency and all the Presidents, with perhaps only one
| exception, employed the same power. Who com
planned of the vetoes2 The peoples No, sir, no
| fr1t .kkl orkaA,1