Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1849-01-17

on the question, and invariably had il been decided
against the present pretensions Of the South
Wherefore, then, should the General Assembly Of
Virginia undertake. now 10 assume new ground Oh
the question and assert proposition denied by the
history and exposi,ions of the Constitution since its
creation Were members elected To decide this
question: Far from it: with no such view. The
people had not moved: we, IN our wisdom. Were
called up To move the people-tO what 40 re-
~!uon, bloodshed and civil war. Ii is urged said
MIR. ScOTr. that the effect Of our resolves would he
grea. and controlling ON tho action Of Congress
Yes, great indeed il would be-poient in aTousinc.
eXasperatihg and embt,ering The feelings of North
ern meniu kindiing the flame of Eana,ics,n at the
NUTta till lis fire must consume the fabric of the
UniUn-must potential in Strengthening and band
ing together great Northern party against the
South. Nothing could he more fatal to the Union
than party spirit when sectional in It's Character
Here lay our national danger. The South was not
free from all blame in this mattcr-,here was some
ianacism here, as well as North Of Mason & Dix
on's line. Mr.. ). gave history d. the sectional
movement of South Carolina and er eilur, Ia null
lily the law of Congress concerning the tariff be-
cause, in her o ininn, Northern interests were foS-
tered at the expense u! the Sooth. He referred alsn
Ia the false position of the South the subject of
he reception Of Abolition Petitions IN Congress.
The South refused to receive the petitions: thou
sands of the sturdy of the North rallied the
standard OF the aboii,0nsis TO vndcaic the sacred
right of petition. Of petitions were bro,
Ia the door Of Congress they were thrown back to
serve only as fuel for the fire whick was beginning
10 rage-What followed Tie South -TCtr,n tcd
from her p,sion-wisely retrcaied. because her Do
siion was wrong. Far better had sire never as
snmed II. And now I'VE called upon to deny the
existence of a Constitutional power in Congress
with regard 10 which the North Is united to a man.
The sentiment, the conviction there is universal
that Congress has the power: for the South to de
l ito .,t
North Oiie stronger pariy) to its exercise Could
the North be expected To yield this principle g
Deep rooted was lis prejudice against slavery IFS
hostility 10 the institution Of slavery parnok of the
intensity ola moral religious-aye anaiical onposi-
tion Ia an unniXed evil
And now, said Mr.. s., on which side lies the ar
gument this great constitutional question Has
Congress the power under The compromises of the
Constitution to admit or 10 prohibit slavery in the
territories? 1t is a conceded proposition that Con
gress IS The constitutional municipal legislature Of
The Iefrituries,hat it has the power 20 le&i.late
for the territories. Is then, the admission or pro-
'Ihition oi slavery legitimate hect ucgislationP
All the States have Iegislacd ON this subject
Many have abolished Slavcry-Virginia hersefhas
prohibited The introduction of slaves into her Dor
ders under certain circumstances. In all the States
lis existence or non-eXislence results frcm leeisa.
lion. Suppose Virginia were without slavery
could not this General Assembly, n the Municipal
Legislature ut The State. say whether it should be
admitted Oh prohibited? Must assuredly Congress
then possesses the puwer leg,sae for The terrific
res-the introduction or prohibition of slavery is one
OF thH legitimate subjectsof legislation. Congress-
therefore, must possess the power 10 legislaie the
subject ot slavery In The territories, anieSs its lcus-
ailve powers are llmited-unless, possessing lers-
atIve power, II is restricted in lis exercise on this
! SUBJECT. Where is The iimitation-wl ere the re-
stricilon Not surely in the words of the Consti-
tnnn.-No where on lis face does such restric-
lIon appear. But it is said the power Of Congress
is trust power, limited by the nature of the trust
that 'ongress Is mere trustee or agent, and that
lis acts caDot legtimaely go beyond the intent and
oluec fur which the agency was created This is
True, not oil Congress alone, but of all Ierisla.
tive bodies. All government is mere ;rust-Fhe
legislative power OF Congress the territories is
governmental trust, TO be exercised for two pur-
passes: first, for the benefit of he people in the ter
ritories and second, for the benefit of the pcop'c of
the United States. This two fold aspect Of the
trust is forgotten by many, in arguing this Tuesinn
The people an the territories be cared for by
Congress, IN the first pace-lhey are The special
subjects o lis legislative protection; and afterwards
The rights OF the people OF the United States in re-
spect To The territories, to be provided for But
VINO Is 10 Judge of the wisdom and expediency of
the measures Of COngress2 Who is TO decide what
is best TOR the territories, for the people in them and
tor the people OF the United States? Conuress
and Congress alone. This power TO decide is part
of The tristan element in the agency CONGRESS
may exercise the power of legislation unwiseIy, nm
justly md unequally: yet this does not prove the
! legislative act 10 be uncunsulional-tho The noc
er does not exist. If such logic were correct, al
most every law would be uncons utiunal, because
as general rule, laws do operate unequally-ofien-
TIMES unjuSly and in many they are unwise
and lneXpedent. The very tax bill on your table
Mr.. Speaker. will illustrate my idea My slave,
worth $1,000, is taxed 50 cis.-y0urs worth 500.
is taxed The same. Do with regard TO nurses and
other property. This is unequal vet we have the
! taxing power. These impeTiecliuns in legislation
result from the lmperieciiCns of our nature. Man
cannot frame his creations with the nnerrinp Wis
dom OF God. Again, Congress has, beyond nues
ton, The power 10 bnild light houses improve har
bors ON tie sea, and To erect arsenals Supusc il
should decide to cxpend millions in protecting New
/ OK harbnr and coas. and should refuse To appro
/ pirate dollar 10 the por,of Charleston This would
lie UNJUST, but not unconstitutional; because The rpht
10 decide where The improvements should he made
III order 10 elect the common good. is an essential
/ incident of the power 10 make the improvements
Ana here said Nit s., lies the error in these re-
solutions. They ought 10 have respect To what we
consider the lnjnsiIce-he inequality and the mex
Pediency OF passing law prohibiting Southern men
from carrying their property into The territories and
mol Tor The power OF Congress to decide this CUES
I tion Tor Itself would AS sUon think. said MI S.
oi denying to Congress the power of passing rev.
enue Dill ms To deny lis power 10 admit or prohibit
slavery IN the territories.
! Mr.. ,. proceeded to argue that the power 10 Ie
gsIae for Tie territories did not in his op;nior. re-
SUIT rom the grant of power TO CONGRESS ..t,
make all necdfu rules and regulations respecting
ule territory and other property belonging 10 The T.
I otaies, but from the war and treaty making poyy
/ erS Of Congress and the President. BY virtue or
/ 'hese powers Congress can acquire territory: the
power to acquire carries with il the power To eni,v