Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-03-23

the harmony Of the Union All that is denandsd bv N
South is that this principle should remain nvoate We
not ask that Congress should egslate as to force SLAYER
into this Territory nptd ndfurd and against the wishes
its inhabitants All that ask, all that we insist on il
should not ntepose your authority prevent slave
y from being introduced into the country, abolish if
suppose, already exists there Is there any thin,
unjust unreasonable in this demand ,
Mr. Chairman, for one, deny that Congress has the con
sutioRa power interfere this matter and even if they
had the constitutional deny that they the moral
shall not undertake to examine at length the question
whether Congress possesses the power establish Territorial
Governments and il has, what the proper limits Of that
power. The time to which by the rules of the House
compelled limit my remarks would prevent my doing
deemed advisable. But this task has been so often
performed by ADLER that would consider it work SUI
| pererogation to attempt il.
will observe, however, that few constitutional lawyers Of
the present day who affirm the existence OF this power would
base this affirmation that provision of the consti-
tuition where has been usually sought viz Art A. sec 3d.
which empowers Congress to dispose of and make all need
fu rules and regulations respecting the territory other pro-
peIty belonging to the United States If any doubt remain
ed this point it has been removed by the able speech
Gently delivered by distinguished Senator from Michigan
Mr CAss who has clearly shown that this clause in the
constitution does afford decent preex for the
css of the power differ from that gentleman in many i'm
porant questions but take this opportunity declare that
for the independent stand he has taken this question: and
the ability with which ne has maintained it, he deserves the
gratitude and respect not Of the South only but of every friend
of the Union.
am aware, sir, tina, this power has been sought for by
some other clauses Of the constitution Some have affirm
ed that the power to govern territory necessary
quence OF the TO acquire It, But when they ask
ed where the power to acquire territory is found they say
that is also necessary consequence Of the power "to de-
clare war Thus sir Of the most important preroga-
ves Of this Government the power govern at discretion
and Tor an unlimited period, country far exceeding
tent the thirteen original States made the consequence
consequence-the derivaive Of derivative.
Gentlemen whose opinions entitled respect have de-
rived this power from other sources have always thought
that their arguments proved little except the ingenuity those
that used them. Is probable indeed that in an instrument
so carefully framed, deliberately discussed the consu-
ton of the United States if it had been intended to convey
power 50 important the in question, would have
been done directly and in plain unequyocal language Is
probable that it would have been suffered urk in
bguous phrase, to be inferred from other powers TO be
formed like piece of patchwork by stitching together de-
tached portions Of the constitution do not believe it.
believe is osSs occasioEed probably by the fact
that at the time the constitution adopted the General
Government owned territory except the northwest the
government OF which already provided for by the
pact between the State OF Virginia and the Confederation
which compact was ratified and confirmed by article six of
the constitution.
is urged that this power has been so often exercised that
1t IS now too late to deny its existence.
No has respect for lestablished precedents
than have The maxim g stare deciSs" is important
when applied interpretations of the fundamental law which
defines the powers and prescbes the duties of government
than when applied to merely municipal laws which regulate
the rights and duties of individuals But this maxim is less
applicable to Legislative than Judicial decisions Now in
this matter, although there decisions which
recognise the existence Of the power there is none which
directly afirms it.
Even the Congressional precedents by no con-
elusive In the Of Missouri it settled by compro
mise and in the of Oregon the country being confessed
y not adapted to slavery, it excited little interest
concludes therefore, that the power to establish Terri
tora Government nowhere to be found in the constitution
But does it follow from this circumstance that Congress is
absolutely without power to provide any what
ever for territory owned by the United States think
Whenever in judicial proceeding it is discovered that
great mischief great injustice would result from toe
OF power to do thing, tribunals in the of sound
discretion, frequently decide that be done er
tate re-hom the necessity of the So in countries
governed by constitution particularly written constitu
tonwhch furnishes nhexbe rule of conduct-the Gov
eminent often finds it necessary to exercise powers which,
though not warranted by any express provision of the con
tuition, nevertheless accordance with Its general spirit
and object The British ministry not unfequenty exercise
powers not vested in them by law relying upon the justice
Of Parliament to relieve them from the responsibility Of their
acts In country acts have several times been done
under the plea OF necessity, and that when the validity
OF the plea was to say the least extremely questionable
hold that there less danger in Governments assuming
power admitted belong it. whenever, by the exercise
OF such powers, great national object will be attained
great national calamity averted than seek justify such
uurpation of by psrveng the language Of the
s'u'ion from its plain and obvious import
Now sir, TO apply these principles The Government is
in possession Of extensive region of country The soil
forms part of its domain II has the undoub.ed right to
dispose Of it, and to make all needul rules and regua
oS respecting ~ considered as property built has no ex-
press power the nh of this territory Must
they De left to themselves they fit, must they
bs left IN state of anarchy No. the first would de-
feat the rights the Government the second weud be
ary both to morals and to humanity II clear them that
upon the principle OF the Government may
establish laws people situated But the necessity
which the origin OF this power be the of its
extent In order to ascertain what ghtuly may do,
must ascertain what is absolutely necessary be DONE
Now 1t clear that il not at all necessary for to die
tate permanent organic law to the inhabitants of Territory
1t is not necessary permanently establish force upon
them system of domestic pety which, however it may
please may be very unsuitable unpaatabe them. II
is necessary to Territory corpus y to
make all of political 1periments upon 1t
sary to force the inhabitants to adopt peculiar notions Of
philanthropy morality any than peculiar Of
religion and we have right to prohibit the nstitu-
ton OF slavery in Territory than have prohibit the
stuon of marriage All that requisite for the protection
OF the inhabitants aud OF interests and consequent
ly all that have the power do, is make few simple
laws to protect them in the enjoyment of e, liberty, and
property to establish tribunals enforce those laws ard
provide in due time for the legal and regular adoption by the
inhabitants, of such system of government they may
fer with the single restriction that be republican in its FORM
his all that is necessary to be DONE and therefore all that
we have right TO do. The constitution confers no
power to and there necessity warrant the
assumption of the power.
But, sir, suppose that am in error on this point. Sup
pose you have the constitutional power to prohibit slavery in
Territory have you in the present instance the moral
power 10 other words, Is right is il fair, is i, honest
that you should exercise the power
This territory acquired, partly Ivy war, partly by pur
chase. by the valor and paid for with the
Of the whole country. What right therefore, has any
portion of the country the entire control and
agement of What RICH has il to impose any restrictions