The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1849-05-18

become Ohio, Indiana, Illinois, Michigan
and Wisconsin, on condition that il should
be laid off into States which should be admit \
into the Union with "the same rights Of SOW
erdignty, freedom and independence as the 9TH
er States" In the Ordinance Of 1887, passed
by Congress for the government of the North
western Territory, was inscribed, in direct in
fraction Of the deed of c~ession, a proviso
which prohibited African slavery in the Ceded
territory. The rights Of the citizens OF that
territory were thereby abridged, and a princi-
pie engtafted into the territorial government
at war with the principles Of government which
prevailed in the States, and which prevented
even the citizens Of the ceded States from en-
grating to the new territory with their pro-
perty. Although slavery then existed in all
the States, the Southern States were more vital
ly interested in the question, and the proviso
was more oppressive to them. But in the hope
Of peace, security and prosperity under a
more stable government Chen being formed)
by which equality of rights should be better
secured, they too generally yielded to the pro-
viso.
In tho Convention which formed theiConsti-
tuition, the question which is now CONFUSING
the country was q second time raised fit was
then fully discus sed and understood. The
pre-existing rights of the Southern States in
their slave property were acknowledged and
specifically guarded by that Constitution, which
became at once the solemn covenant of the
Union OF these States, and the potent cause,
under Divince Providence, of their subsequent
prosperity, The second section Of the first
article declares that representation and direct
taxes shall be apportlohed according to num-
bers to be determined by adding to the number
Of white persons, three-ffths Of all other per.
sons including slaves. Slaves, then; constl'
tute a basis of representation, not confined in
its application to any particular portion oftht
Union but as a general rule. Can Congress
alter or abolish that basis, or limit its operation
to the old Statesa We think not. Slaves
were regarded ina double aspect-as person.
and as property. We ask to be referred to thu
clause Of the Constitution which gives Con.
gress any control over the property held by the
citizens Of the States. In the States where
slavery exists, we suppose thatno one Of ordina,
ry understanding, WHO knows any thing of thu
structure Of the Federal Government, who's,
mind is unobscured,by the p%olluting clouds o
prejudice and bigotry, can believe for a mo,
ment that Congress has any power over an,
description of property. We may surely tax,
t this position for granted. But if any shout,
s be SO rash as to doubt it, a glance at the pre-
! vious condition of the States, and the pur
= poses and objects of the Constitution, mus
/, satisfy every candid mind. Each State was
eparate sovereignty, whose government wa
organized for tho protection Of life, liberty
d and property, and having, as every sovereign
ty must the exclusive protection of these i'm
portant subjects. By the constitution no pow
9 ers were given away except such as might b
e necessary to give US national character, and
= national existence, in our intercourse with fol
eign n%atione, and such as might serve to bin
= us together as a family of republics. TIL
States did not surrender their control over pei
sons and property within their limits; tina
would have destroyed their identity; and a
powernot delegated by the Constitution is re.
G served to the States. The Constitution of tn
United States does not create a Governmer
with sovereign power, and property alone
subject to the control Of a Government havin
such power, Such control is an important q
tribute of sovereignty. Indeed, the protet
d tiUn to property is the stronge est ligament
Government. The Government created b
= the Constitution is limited. II must look
the Constitution alone as the charter of i
power, and all its action must be confne
within the limit there prescribed' Then n
power of Interference with property With
l. the States is to be found. This was not on
of the evils of the articles of confederate
which gave rise to the formation OF the Con
stitution.
But il has sheen contended and doubtless wi
10 bo urged again, that although this be true
a regards the States, still Congress has unlimite
power to l~egislate for the Territor es. W
J shall not now controVert the claim of poweI
it is no partof our present purpose. But, SUI
u pose it be possessed, the question is, how mG
G it be exercised? We answer, it must be
strict subservience 10 the principles ofthe Coz
II stitution. Congress cannot, by any legislatlOI
defeat, qualify, enlarge, or subvert, one prime
pie contained in that instrument, because the
arc cardinal principles in our Union. The
: constitute the beirg or essence OF Congre
9 as an organized body, and limit its oficl
power. The principles Of government, eli
braced in the constitution pervade the who,
= Union they are universal. Every man in ev
ny State has common interest in having the
faithfully observed. The Territories are COZ
u t- ~ HL =. 4 l.. II