The organizer. (Oxford, Miss.) 1845-18??, 1849-05-26

Il
power to legislate for the Territories
y We shall not now cOntrOvert the CLAIM
of power; 1t is no part of our presen
purpose, But; suppose it be possessed
the question is, how may it be exer
cisedi We answer It must be in stric
subservience to the principles of the
Constitution. Congress cannot, by
any legislation, defeat, qualify, en-.
large, or subvert eprinciple contain
ed in that instrument. because they
are cardinal principles in our Union,
They constitute the being or essence
of Congress. as an organized body, and
limit its official power. The princi>
Piles of government, embraced in the
Constitution pervade the whole Union
they are universal. Every man in
every State has a common interest in
having them faithfully Observed
The territories are common property,
subject 70 be occupied by the people
from any portion Of the Union, in the
same freedom they enjoyed in the
States, both as to their persons and
their property. Ifpower to legislate
for the Territories to the extent claim
ed is possessed, it may be exercised
without limit, unless that limit be
found in the Constitution. Legisla-
tive power, within the meaning of the
Constitution, is limited power, con-
fined to particular subjects, which can
only be exercised in sGbordination to
certain great principles. This is the
extent to which legislative power is
conferred on Congress; all beyond it
is nsurpation. Suppose there should
be slaves in any of the new Terrific
ties, would an act of Congress pro-
hibiting slavery produce immediate
emancipation Such would be the
unlimited power to legislate. Has
Congress the power to say what is or
what is not property in the Terrific
ry belonging to the people of the
United States, or TO regulate the
amount they may acquire, or 10 take
from tbeoilizens there thatwhich they
really possessl Such a power does
not belong TO any regular government
on earth. We repeat that no power
has been given TO Congress over prop.
erty within the States, and no power
can be exercised over il in the Terri. |
tories, detrimental to the unqualified
rights oftheir owners. AS well might
Congress prescribe an established re-
ligiOn for the Territories. and require
every citizen and emigrant to con-
form to il. That is legislative pow
er in its largest sense, but il is not the
description Of legislative power con-
ferred by the Constitution.
Thus stands, as your committee
think, the claim Of right asserted for
Congress. Nor are these in founded
in the least strengthened
by the asserted equality of the Arr
can with the white man, and the con-
sequent conclusion that he is not nor
should he be regarded as property
No one whose will and voice entered
into the Declaration OF independence,
Or the national constitution, believed
that the Africans in service were born
.he equals ofthe Caucasian race. The I
people Of the northern States do not
now believe it. They treat The ne.
yroes amongst them not as equals ia I
any sense, but as degraded beings, Ear /
below them 10 the scale of creation. :
Slavery has existed in all ages Of the /
world and amongst all nations, saw /
lge and civilized, with very few ex. I
,eptions. Il originated not in a pos I
tive or a statute law, as has been said
{ must exist, If It exist ct all, but by 2
! universal law Of conquest, which 4
he God Of nature gave TO bis highest q
work, TO bold dominion and power c
'ver the inferior things Of his erea- d
ion. "Where we asI. Is the munich q
vi, or positive law, as Il has been &
'alled, that authorised the founders n
# the Jewish Empire to hold slavesi v
81 what law was Il that the African q
vas bought and sold, and held in per- z
etual bondage "a classic Greece and v
IMPERIAL Romei And b. what au-
hodiy was L that the modern nations v
4 continental Europe engaged 50 q
argely in The slave tradei Il was BY Z
bat universal principle Of dominion q
Which constitutes an element in the a
azure Of man. impresssd on him By e
is Creator. Even England, which D
ow boasts dat 60 touch English soil )
] 70 break che shackles Of slavery, e
gas once a dealer IN slaves. Where v
"a her favorite virgin Queen fnd an n
G. OF Parliament which Authorized L