Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-05-17
FRIDAY MORNING, MAY II, 1850.

oil I.ot
And again. if the expression rules AMI regulations" ear
lics WIN The exclusive power Of making aws is con
'ou' "'lat WAS ie necessity !pr giving Congress- il
uiylcr clause o the Constitution the exclusive paw,r
legislation over such places might he purchased by Con
sess lar tc erection o ios magazines arscas and otc
hecdlul hudings For these places when purchased be
come property belonging the United States respecting
winch Congress may, by authority of the clause are con
saerlng, make all "necdi rules and roeulation,' and
these rules and regulations include thc power Of egsa
nul, why do unnecessary Thin. grant in cxprc.
terms the power OF legislation over them!
hn II Is said that n several the Supreme Court ha
decided thai Congress has this power legislation th
territories by virtue u this very grant Of power make al
'neetul rules and regulaons should like TO comn,cn
upon these cases bur my time will not permit car
only say, that believe there in which that tbu
nal mas decided thar Congress derives lis legislative powe
over the Territories from any eprss grant in the Constitu
ton
INK therefore may asscr. that no such bower OF e
glsatlon Is expressed in the Constitution.
Is this power then properly incident any express.
power and necessary 10 It's execution! The only clauses
the Constitution under which, in this view this power
claimed are those which authorize Congress 10 'declar,
war and to "nakc treaties Each Of these powers in
cIudes ana IN Their exercise will lead they have heretofore
led 10 The acquiring o territory And this territory, wher
acquired must he governed ami governed by Congress- ha
icing The agent that acquired for The States and which
must govern IL FOR The States And il is this only
that Congress obtains its right csisac for the Terrific
cs But this ppwco legislation being implicitly vested in
Congress only because necessary for the preservation that
which is acquired is clearly limited such legislation as is
necessary for that purpose. And it would be Migrant de-
prure from the rule of construction laid down by Mr. Ma
dson 10 extend this implied power beyond what
sary and proper for the protection Of the territory And
take il for granted that will contend that the cx-
cslon Of snycry from the Territories Of the United States
i necessary for their preservation and protection
The conclusion that the right H. exclude ii is within the
scope n the powers o Congress, and that law enacted
by Congress Tor lis exclusion would be Unconstitutional and
void
Itis said however that we must follow the precedent set
us hy The ordinance n 7a1 We must do nothing OF the
Kind il satisfied ,at The power is granted
by the Constitution This would be Ia vinac The Consli-
tuition which have support But how can that
ordinance enacted a. il was prior 10 the adoption Of
Constitution, be- used precedent BY which inerprc!
timi Constitution
One argument Tint has frequently been used in support Of
the ordinance o l!SI, h that Virginia. before the ccsion,
had the right Ia exclude slavery iroa the Northwestern Ter
ri,ory, this right properly exercised by the odd Congress;
IT, by the cesson having been Invested with all thu rights
and powers which before belonged Ia Virginia. must
Tess ielt the force II this reasoning: si because
doubt the right ol ordinary Legislature 10 declare that
not to be property which before was prupery ana secondly
because such power conferred by the States upon
the confederation and cnu! only exercise such powers
granted 10 H. therefore regard The ordinance Of
li5i an act OF uSurpa,iona beacon 10 warn, al
10 be followed But this is mnaeriat, when the clause
excluding slavery first proposed, il did not receive the
n single Souiicrn State Nor did this exclusion pre-
la until several wears afterwards when II was coupled with
III power 10 reclaim fugitive slaves And ito adopt lie
lr-ti'n made sincG hy Distinguished Sc
South Carolina whose present serious ndis posi-
is sincerely regretted! am sure, hy every member Of
this iou>el 10 obtain 1t, passage, aNhntg" wis taken o
hc Inconvenience Ia which the South subjected for
forward. worthy =" imitation enactment which had il
uri-n IN such
And then again, il j. said that. hy the Missouri compro
mise (mest improperly ccl the Sonh is cstoppcd from
raising this objection. But in reply, should br
brrd that that law was forced upon n hy northern votes and
il enactment prove the constitutional pow
Congress exclude slavery from ihc Territories han
c .w establish Unite! States bank determines thc
consutionatv o bank. Rul The Sout. has submitted
that compromis. has and il is vet willing extend
tr lin, al separation Ia thc Pacific Having been over
N.lip na a.,4.
sill willing Weld The prncpi then determined on Tor
division the Territories place of again
strife in which II would most probably be- again defeated
whilst on this subject will very briefly aluic Il view
whc! have often heard presented by those who claim a
surc power for Congress over the subject Of slavery in the
Territories and that S thai the tcuunn af territory was
Got within The contemplation III the trainers Of the cons
luton aai that therefore the powers of Congress
quircd Territories restricted by the Constitution Ii
tae here asserted (Which by admit
iu cannot believe that The statesmen Of that day d not
frc>ee the necessity of Al least much additional terrific
- - w"ni the command ri The Mississippi RI
yrsl il would i. establish the proposition conen
led for would i,;,u other alternative than
make such disposition oi the territory as would be fair aui
ju~f between lhc different States whose common treasure
had purchased it, such the parties la the Constitution
woai themselves most probably have made had this cub
rcr been thrn brought under their consideration.
For these various think have ground for
saving that the North has III" maze ont is constitutional
rsht the laws with which they threaten and that
justified in The declaration that their continued efforts
pass such laws have been in spirit and in fact Gpsssir
upon the rights of the Southern States.
But the opinion has been frequently expressed on THIS
floor and bc very general in portions o The
country that the Territories which We have acquired
from Mexico By or late treaty I" pcccc AMI boundaries WIN
her lnd these Territories only that This mower III
Congress the subject o slavery hls any practical bear
ia AZ this mc) The old Mexican laws aholishn. slttery
s,.Il prevail there and profbi III existence; that Therefor"
tn south oah Yield Ia ihn insertion Of aca'sc prohibit
;n slavery into all bills or The government Of thc'e terrific
ri,s because by doing III fact Yields nothing.
But this opinion hc sound, which b. assent
TO- why should the North insist upon such revision ani
insist strcuuoilslg 10 defeat every teona bill which
does contain such provision i~It innrel! 9 thli i
rlpy the South! d. il il Tor the purpose al
establishing another precedent hy which 10 bind as "n some
fc day! Or is it because has confidence IN The opn-
ion boldly advances Onc thing certain that Save
rv is either excluded from these Territories by tins Mexican
OF local law, j. II it is excluded there - n" ne
G, ssty exclude il by act Of Congress il not :" eSc-
dcd such act would be unjust, as II would virtually de,
nv IL one portion OF the Concdeacy right which II would
confer upon anoherhe right 10 enter upon and possess
and cultivate the public lands In those Territories
And what sir the spectacle presented 10 the nation
but other day when an attempt was made 10 lorce
through this House without debate resolution sructine
Que committees 10 report blIi for he ADMISSION u
California State into this nion anu expressly prohioi-
ling that committee from connecting with that subject any
eelations provisions respecting our other Territories
Yes sir although California claims 10 come lnto ms Inion
q I'M boundaries very Objectionable coast extending
over nine hundred miles reaching As lar as from Boston 10
savannah under this resolution We were not To be
allowed the privilege ot discussing the propriety ." admit
is her with such dsroportoncd lins:- were not To
consider whether This would he Just unjust 10 those OF our
citizens who occupy other portions of that western terrific
r, And although have good reasons Tor suspecting
, The Executive has connection with this California
constitution been guilty of usurpaton and has AFRO
,nicd to himself powers which belong 10 Congress alone
The representatives OF the people were 10 be proh!o-
led un freely canvassing his conduct, and deciding
what measures the public safety demanded to protec'
our constituents from repetition o such unlawful attempts
The admission o California the great measure oi the ses
son be forced through by denial ol the deaIest
rnh this body the right Of free discussion upon poc
men and public measures; and the representatives. o 'c
p,oplc under the operation o were 10 be desdeu io
mere machines register the will o an aroirary ncason
ing majority But sir the prohibitofy clause o 'ha' i.o
llon explains every Ihng. Ii shows thai hec are aGo
isis here unwilling discuss public measures ana y as
unwilling upon attempt To settle i!'c various %
tcrs of difficulty and dispute which divide us secohl!
producing alarm and uncasncss throughout tie country a
causing many patriot tha; Inc sacrifices we made
far liberty and for union III years that have passed wer'
made in vain.
| Mr. Chairman. had in,enled to make some continent
upon the great revolution III the pahlc sentiment o. t
North upon this slavery question: which The last e" year
have brought about had intended 10 nave h"9Sle ~
notice the public and writings al an I'rcn ." virgin
paudng and Others, and 10 have asked why ts ef'i'
change .. opinn Bui fear, sir that am fa's''h@ p''
.uu and tie committee
Some lwcl.n III fourteen SO had in 'he ,"ft'
,ny an; supporters and defenders oi our rights IRON
ali thai can learn they have by deserted Us, h'i
nav those still true US and q II Intending y" ois
snect 10 any onel still the principles oi the ''
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