Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-01-12
- t..P,L;eh Standard.
poWe,RFUL ARGUMENT.

Toe ,yfirr is oac uf the HlUst uio' NE o''" -
nuflicans Of he STATE; and We nope nc WIN 'oi-
low ~ this numbtr wih oih"fs On 'ne wv W.
sel. aod on questions connected WIN u we
assnr. hin that we shall always be pleased 10
ar,re oar columns with the productions OF MS
pen:
FREE sOIL-WILMoP PROVIsO.
Mr.. Editor: So much has been said and wrli-
ZEN about The powers oi Congress Over Slavery
in the Territories, tina, scarcely anv thing new
remains 10 be ataed. Vel the magnitude Of Tue
sutiscl--ihc high interests involved-ard Inc
great dangers from agitation, arc sunicieh'
apology iof sny atemp', however ieeoe' 10 en-
Tighten HE public inind-allay pubic excitement,
and re::ore peaee and harmony oEce more 10 our
beloved country.
Whatever difference Of opinion may exist ~
regard to those powers. there can be none asto
the source from which they must be derived
All will agree that they have no cxis.eace u'l-
less they can be traced 10 the Constitution oil
the United States. !, is equally clear, that where
an cypress power over particular subject Is
granted b, that instrument, it must be strictly
pursued, suhjcc, TO the limitations imposed by ITS
language and tic object intended TO be accom-
plishcd : and no olhcr or greater powers over
the same subject can be claimed as incident 10
other EXPRESS powers over other ard different
subjects. Hence as there is IN express grant
touching the duties and powers OF Congress IN
regard 10 the Territories, in language so pam,
and for purpose SO well defined, that lis mean
ing cannot be mistaken, it cannot be allowed
that other or greater powers OF Legislation over
them can be asserted as incident to the war or
treaty making powers. The position assumed,
that "the right 10 acquire carries along win u
the right to govern" is without authority, and
cannot be sustained by reason or argument =
From tho right Of acquisition results only the
duty of governing The right to govern results
from the Coustilutioa, and Is limited by the pow
ers delegated and no other government can be
instituted but such as is warranted by sucn DEL
egatons. So also is Congress authorized ITO
provide Tor the common defence and general
welfare" yet no provision Tor such purposes
can be made beyond he enumerated powers
the latter being The mans, by which the former,
the objects, are TO be accomplished For the
powers not delegated 10 the United States By
the Constitution, nor prohibited by 1t to Inc
States, are reserved TO the States respectively,
or to the people," amendments 10Th Art.) II
is q novel and alarmin, doctrine 10 allow mere
implication, the instrument only Of q granted
power, TO coGfer penary powers Of legislation
over subject, for which express provision is
made, and made in such trims as 10 limit and re
construction would have the effect 10 break down
The limitations of the Constitution, and 10 con-
vert the President and Senate into source Q
new and undcega,ed powers. To claim Tie
right 10 establish or abolish slavery in newly &C
CURED territory, is 10 run into The absurdity oil
hitshing incident npvn incident. power mus
descended Cannot IA Vi Ia be tainted win The sin ~
bas,ardy; the power being AL incident 10 The rlSht
10 g0rerfl, and The right 10 g0UcTn an incidrni 10
the right 10 acquire. II moreover carries The 10
cidenl beyond Tire necessity for lis exercise, Con-
tr4ry 10 The safe and sound rule OF cnnsifucliGn,
which regulates all medicinal CT upied powers,
except such as are clearly necessary and auxiliary
only 10 the execution of an express power. L
n eds no words prove thai II Is not essential 10
Republican Goye;nment, in the daericoa sens,
,ha, slavery should be forbidden l. might with
more prophecy be argued from he early history
~ the Old IhGrcn- for il was tolerated, nay en-
cpurds.i II AL but me oi thcn-;nat tie alneii-
can model Of government implied The existence OF
savefg. In this connection II is appropriate 10
% eGqnire what kin! oil authority j. Is which IS
thus remotely derived. Il is found only among
me auribueS Of sovereignty, and canno' therefore
b. exercised by Congress the sttnted creature anc
Unite! agent Of he sovereign. The invloiaoll-
~ Of priva'e properly and lis exclusive nwnel-
snip were carefully guarded by tar sagacious anc
wise mcn no framed The cons ituiicn. In The
) h AT. al the Amendments, ihaY GeciaTrn, ihai
private property shal not be taken Tor pGslc use
without Just compensation" Now whether The
slave is seiz.i and transported, or tie right Of
.! oper,y be Invested rn.er the semhlance 81 law,
IN. effect is The same. The master j. depfveG
81 III, control, and his "nrvate property" IS taken
Gut no one will have the hartihoot 10 contend
nat II is llf "puhc use To @ha: pubic use
| Is !. ap1.ie , Of Tha pubic exiethoy u want d.
maacs ~ Whence lhen he power 10 DO tbi>'
| | must be conceded thai any snch 'akins by au.
| horny o. Government, would b. gross violation
| ii he sta Article, AMI palpdble nsnrpai1n-
| rhe GovcrGnent is but creature CT The Constr
tuition restricted in lis action 10 The powers vi
which il is endowed; and some power above and
| greater tnan i. is Necessary 10 effect So radical
| mage IN tue relations Of mas er and servani.-
| ina % wei is "fe-eIved t. the States respectively
ur 10 NJ pe0sis" who can, when 'hey viii, make
| lie Constitution mere shleds ani patches
The only clause in The Constitution ron which
e3pfess pnw.r 10 lesi>la;c for h, Territories lex.
GEO ing ne District o. Columbia aud sizes Tor
| alssGa.s. ard cher eiui building } can De de-
nved. is ioui: n ? par, 8! Sc. h Art: The
| Congress SEAL have power % dispose OF ana ma 4
Al uesciu, FILES aLd iegria TINS Respecting Inc
e;iiuY 2r ohef rrr,eIiy belonging 'hc UnEe
s.e rs" The r. -. Il nc poser 10 exclude
slavery, f. ing here 10 wdftan' ot rs exercise,
| mugag Il another and higher source which !
| ,nay he sail il is above al heynnd ihc Cons!tn-
ion Tasy Claim II as incident II he war AID
| ,rna.y making pawerS The opponents OF Inc
aowe:, il,stra,. o. relying tif Ii u deence upn
tue e5 IS Gran $ !: ne irdtlna, 10 which
nav IL found sate.y hth ipr ii If p, sian AID
.neir property, follow iato The labyrinth OF iEc;.
len and ihirienccS repaired iof lbem ana are
D. guiieI into a system II abstract aud iheoTeic
| reasoning atnai .hc rights Of man ana the ma
lure and origin o Government in which the
ah.rst meraph ysiclan ani most subtle snphisis ar1
| Art, too often without merit, L. get he Deter ci
me argument Alas! how much do they mis-
take the plank Of safety.
The rieh, 70 establish limi ei Government is
! moi embraced wiiha the enumerated powers, II
might 9Th seine piausibilhy b. claimed as Incl
dent to 'hc right If acquisition. Such deriva-
| ZION q, power might then become NECESSARY aud
proper" Bui i, is submitted Ina, such powrs
"a power sufficient hr all the purposes dcmani.
ed by the nee. sSl'y OF the cast-nay be exercised
under jasi and easy Interpretation al he Clause
quoted above Lee rs examine lis true I'm or ::
| Tine Congress stall havc power 10 dispose ol,
| and make IL Gesdiul ucs and regulations re
.peclins TIE Territory and ether properly OF The
| Unisd Stats." Il is undeniablr, that Inc great
ri a intended 10 be accomplished b; this grant
/. tnq sale and disposition Il Inc pubic lands,
and that il is competent Tor Congress 10 enact any
rule or regulation, or law il you choose, neei!ul
and REQUISITE ID INA cni Whence bu from this
clause, has been derived The au hoiiiv q make
Surveys, establish land Offices, make canals and
other Improvements, gran, donations aud pre-.
mllion r.h'> 10 sculcrs and promote iucaten
ny setting apari sections Of lard f1r schools,
&c Tin fine, IL enact all those rules OF roi'ce
and municipal regulation which havc been here
,oiore exent,d over lie terroi,5. .! The United
Saes7 The authof;ly Exercised in all those in
siances is fairly Ie.rfab'e TIC Fo%er 70 dispose
OF the pubic lands So also 20 promote social
oder, resn'a'c ths srcia relations, punish
wrongs. grant remedies, and prevent violations Of
The rights of persons and property By suitable and
proper laws, may be Justly regarded IS wi'nin
Inc constitutional competency Of Congress. They
constitute system oi legislation IN aid and sup
port OF Inc ,h;S Of citizens; ard By shaTaa;yine
A.n.an,:nn !. nj s.cr1liu MuI,li ,nnncs Lie enleI.