The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-15

pendent Well now, sir. their equality necessarily re
alive TO equality. do not know whether upon ques
ton OF this sort It be necessary to resort 10 auhofes
i but Vattel says;
prevalsin their rights aud obligations as equally
Ing from natirenaons composed OF men, and considered
are naru rally equal and Inherit om the obl
cations, aud rights Power weakness does not 10 THIS 70
spcct produce any difference. dwarf IS as mnch mar
4 the most powerful kingdom"
The thirteen States Of this Union then entered into h'
bond which now unites equals. The constitution
the United States recognises that equality as existing BE-
tween the States, not only by its gratis, but also by ii
| reservations OF power.
In The exercise OF these their equal rights they formed
a constitution and established government to admins
ter it. Now, is i to be doubted-ths is the inquiry
80 formed be conducted for the and equa
/ benefit of, all those equal and sovereign States who
formed ~ And propound 70 senators who maintain hs
doctrine that they have the right TO nhbit southern
from emgratng to those Territories with their property
whether that's such an administration Of the government
for The equal benefit Of all the sovereign independent
States was contemplated by the act OF ther union! j
il be said that such prohibition would be legally inopera
tive and Invalid reply as before, that the same result
would Be- accomplished 6y such sgsdaosa aa decy q
ore il is violation OF the spirit OF our government and
constitution.
be called upon to maintain it before another TRIBUNAL
would maintain there that express provision in the
constitution interfering with the exercise OF the equal
that elementary princpethe equality of right which
the basis upon which the constitution rested, and that
would for that have been invalid, and NULL and
void. Iwonld maintain with even more confidence, that
such principle which lies at the very foundation OF the
constitution, without which il would never have been
formed cannot be rendered ineffective BY any implication
basis and foundation.
My proposition is, therefore, that the equality Of right
which results from the sovereignty and consequent equal
lty OF the States at the time that the constitution was
formed, and which lies at the foundation OF that const-
tnon cannot be destroyed by the exercise Of any
which is OF necessity derived by implication from that
destroy elementary principle OF the very constitu
tion from which il is derived Ires sir the opinion that
entertain 10 the equality OF right bet ween the States
upon the principles have stated and the observations
have made.
And now come to the consideration OF the question OF
the power OF Congress to prohibit slavery IN the Terrific
ries With reference to the from which that
power is derived have denied the existence OF the power
endeavorng to maintain that will conflict with princi-
pie which lies at the foundation Of the cons,itutonthe
principle of equality. What | am to inquire Is,
whether that power looking SIMPLY TO the sources from
whence processes to be derived can be extended to the
purposes to which il is intended to be applied But, first,
there s obvious which important to correct
In the various discussions which have taken place upon
the question Of the power OF Congress to prohibit slavery
in the Territories. all those who have argued in its sup
port have considered themselves having accomplished
their object when they have shown the power OF Con.
gess organize governments for the Territories of the
United States They have proceeded upon the principle
that the power to organize those governments (Which OF
necessity included power the part OF Congress to
legislae the Territories because was only by
Legislation that they could be legitmately iomed) would
necessarily extend this power OF legislation to the nhib
lion OF slavery pray gentlemen 10 consider whether
the grasp o power which asserted under the establish
OF this legislative authority to govern has not been
extended beyond lis legitimate limits! hear It said that
Congress has the power to prohibit and therefore viii
men might invoke Congress to exercise its power to es
tabsh slavery by removing any obstructons to it, and
that the power 10 prohibit Is corelatve with the power
establish / n that a refiec-
ton will convince honorable senators that this is not
true.
In the first place. assumes for the legislative power
unlimited extent it asserts power OF unlimited legisla
ton which every man will admit cannot be affirmed In
the next place looking TO the fact that the legislation OF
Congress results in the establishment OF law which is
to operate sub gravore iege under the constitution, IL
conounds these ideas-a legislation by Congress-in
tended TO facilitate The enjoyment OF right which Is de-
rived from the constitution, and leglslion by that body
the effect of which is 10 distractions IN the
else OF such right All will, think, agree that, al
though Congress may have power TO egsate over these
Territories, II is not necessarily unlimited power An
exercise OF this power will occur to every individual who
hears which would be unquestionaby beyond It's le
gitimale limits It would mol be within The competency
OF Congress 10 establish desposm those Territories
1t would not be within their competency to deny 10 man
within these Territories the Tree exercise oil ms religion
Ii would not he within their power TO establish within
them the system of Mexican peonage The power there
is not uhlimfted.
But Congress possesses in many instances, the power
of affirmative legislation object, without having
The power TO legsste il negatively You pass
laws a5dgng the freedom OF speech or OF the press
deny accused person the right OF trial by jury in the
common law courts where the matter in dispute is
twenty dollars Now II Is not 10 be doubted that, TO ia
clilae TO citizens the enjoyment OF those rights, Con
gess may legislae Automatically although the power to
legslae negatively is expressly denied by the constu
ton This may 10 illustrate the position for which
contend First that the proof OF the power 10 establish
a government, which includes the idea OF Legislative
power does not necessarily extend 10 the power which
asserted in this discussion Second, that Congress may
have the power to legisate atmaively and might, to
facilitate ihe exercise OF constitutional rghtthe right
t. carry slaves into these Teroresbe legitimately
called upon for such legislation, for the purpose OF
moving any distractions which may exist to the eroy
men Of Il, while the power to legisaie 10 create
distractions TO the enjoyment OF il would be denied TO
that body
Now submit to the honorable senator from Kentucky
lMr CLAY that here Is the true equivalent ~ which he
in search In compromise each party may retain the
opinion which he had originally formed. He not
opinion. TO yield some portion Of the claim which he
under H. in consideration OF similar concession
by his opponents and that is the precise OF things
which brought a, this stage Of the discussion.
We demand admission into these Territories with our
property Of every description We right go
there. The North denies this right ressis this claim
What then is the next stepi The North asks you egs-
you egsae for the purpose OF enforcing ours Now,
the true spirit compromise would suggest that The North
should withdraw her demand for prohibition, and that the
South should recede from her claim for protective egs
laon Each party will then stand upon his rights as be
asserts them leaving their decision TO the common judicial
arbter OF the Union repeat to the senator from Kentucky
that in these mutual concessions to be found the true
| he has been in search
Mr. President there is believe another and import.