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


believe MIR. Chairman, have never beton
ovo;,sd myself of the latitude OF debate allowe'
in Committee of The Whole, 10 discuss suo]ec,
NOT Immediately under consideration. bul IL VIII
be recollec,ed that several speeches have oeen cell
vered-doublless designed TO innuence oPlnion W
nj this House-defendiug the power OF Consres
10 nrohibil slavery in The Territories OF The unle'
States, aud also The expediency OF its exercise
These speeches have not as yet been met. IL
importan, they should be; and this is my apoio
sy Tor entering upon the discussion now. hu'
in doing so, shall be compelled however re'uc
tantly, 10 repeat, 10 some extent, views Wn'en
had the honor 10 present al The lasl Sessiou "
Congress.
wholly deny The power OF Congress to legs
late for the Territories in respect 10 their zones
tic affairs. Sir, This Government is one oil deie
ea,ed powers; and all powers not delegated IL
he Constitution, blythe very terms Of that inslru
ment are reserved 10 the States and The people,
The Congress has no more authority 10 exercise
a power mol delegated, than it has one absolutely
prohibited. This Government possesses no so
yereieoly. 1t is true, The States have delegated
10 il the exercise OF certain sovereign powers
but The sovereignty itself is in The people, and i
inalienable. This government has no lnna
powers. lis powers are all deriyative. These
positions will not be disputed by any one
who understands The fret principles OF The re
publican faith Bearing them in mind, ASK,
ia what clause of The Constitution do you md
the power 10 lsgislate al ALL much less TO adopt :"
repoca6Ls legislation relative TO he internal affairs
of the Territories which we now hold, or may
hereafter acqiire2 Mark. do mol ask for The
power 10 propose forms Of Government 10 the
Territories, but Tor the power 10 egistafe tor Them
in respect TO their domestic affairs. lido not con-
cede the frs; but il is not necessary inr my ar.
pumept that | should dispute it, know IL has
been exercised from The foundation OF The Go
vernmeni; and some very sound republicans have
regarded il as fairly an incident 10 The power Of
acquiring territory This is not satisfactory TO
me. nave great doubs about our power 10 es
tablsh for The Territories even temporary 90
vernmenls, and these doubis are strengthened by
the proceedings OF The Convention which framed
the Constitution. On the Is OF August, Mr.
Madison submitted, in order 10 be referred TO ihe
the committee of detail, among Others the follow
ing powers, as proper 10 be added 10 those OF The
general legislature:
ITO dispose OF the unappropriaed lands OF the
United States.
ITO institute temporary governments for the
new States arising therein"
The first branch OF this proposition was yirtu
ally adopted. VIVA, became of the second2 II
shared The fate of the proposition 70 confer upon
Congress the power TO grant charters oil incorpo.
ration 10 establish university, and 10 construct
canals, &c. The Convention refused 10 confer
the power contained in il. In the only Terrific.
ries which we then possessed, a temporary gov
ernmen, already existed, and the Convention was
willing TO leave il 10 the people OF the Territory
themselves 10 MAKE such alterations as might
become necessary. | am very much inclined 10
the opinion that the only legitimate authority
which the territorial governments possess over Inc
people, speak Of The peope al large, and not
the officers Of the territorial sovernments-is de-
rived, not from The action OF Congress, but The &C.
quescence by The people OF the territories in Them
We have performed the part OF another Locke,
and proposed constitutions in which the people Of
the Territories have acquesced; but they have
derived their sanction rather from the last pro
ceedng than the first. Be this, however, as il
may, say the power of legislation is very dill.
Ierept thing.
This is no fanciful distinction. II is one which
is very clear 10 my mind, and was familiar 10 The
trainers of our Constitution.
A constitution is that by which The pow.
ers OF government are prescribed and limited
a law, by which the conduct OF individuals is re-
gulated and controlled. A constitution is rule
of action 10 the officers and the different depart
menls OF The government; law, The rule of &C
ton 10 the community al large. No mater from
what source constitution proceeds, all those
who take and hold office under il are bound by j
as long as they do so. 1t is their commission =
By accepting Office under il, they have consented
10 be bound BY lis provisions. And not only MAY
public officers become bound in taking Office IN
der it by constitution which has been proposed
TO them by others, but whole community ma,
assent TO it by complying with lis forms. Blu
very different is the condition OF the people a
large with respect 10 laws. know OF no way b.
;oh
in lis recognition or enactment by Legislative
body composed % their representatives. A con
stilution is the form Of action; legislation is h
aet,on ITSELF The one is The means; the other Tn
result.
This is distinction familiar in our history
Our toreta,hers never objec'ed 10 the British Kin.
granting 10 The colonies charters containing form
oil government; and they never were regarded a
acls OF legislation, which could only be instituted
by Parlia ment They were restrictions on III
government, voluntarily imposed by the govern
menl itself, for The bsneh, of the colonies. Blu
they always denied The right OF the mother coun
try 10 legisate in reference 10 the domestic affa
of the colonies. These charters were litl- ell.
Than constitutions, in our familiar political sens
of the term, and in many instances we're acqui
esced in by The people long alter the Brush al
thorily was expelled; indeed in one ease mt,
within a very late period, In other, they weo
changed in a short period after the declaration {
independence, either al the instance OF the coone
themselves, or in obedience 10 the recommends
ZION OF The Continental Congress; but general
b, conventions, having no direct authority 10 d
50 Aud in consequence, al one time he valid
" OF those constitutions was very much question
ed This was particularly the case in Virginia
The convention that framed her late consiiluiio
convened without any sanction Of law; and il va
not depuled by the people with express reiereac
10 the formation Of constitution. The resp
was that its authority was questioned Blu,
was maintained shat The people had received
as a. constitution. The magistrates and officer
down to a constable, had been appointed under
The people had iell lis operation and acquiescec
and 1t i, conlessedly their assent which gives VI
lidily TO constitution" These views prevaile,
and the constitution, thus indirectly receiving III
sanction OF the people, endured for more than ha
ceniury; and even after such lapse of tim
many OF our people were unwilling TO change
for any other. In my view OF The case lbe te
ritorial governments which we have esiablshe
have derived their sanction from The same suurc
recur 10 the question just now asked:
what clause OF the Constitution do you 6nd Il
power OF Congress TO legislate for The ierrilor,
relative 10 theft domestic afaiIs2
The clause IRON which The power in Congre
10 legsiale Tor The territories is mos, usually q
-ived, oy those who contend forit, is the ID clau
of the 81 section of the 4th article, which is
these words:
1.-THE Congress shall have power 10 dispose q
aud make all neediul rules and regulations r
spec,ins ne t:rrato,y or other properly beloneir
to the United Sla,es"
Now, il is perfectly evident, from the langua.
itself, that The authority given is over The leril
~, as properly. The term territory" is he
used in very common sense, as synonymo,
with land; and it is concerning this, when ii b
longs To the United States, about which Congre
may make all needful rules aud regulations" -
And 1t may, without doubt, under the authori
given, pass such laws concerning the publ
lands situate in the territories as 10 it may see
needful But surely this clause confers no pov
er upoa Congress TO make rules and regulation
concerning persons in their territories or their pr
vate property. II is only concerning slhe teri
tory or other properly belonging 10 the Unite