Weekly national intelligencer., 1850-03-23

lr.
know nothing Of the strong attachment which exist
between the master and his slaves Whilst they are proper
ty, still they persons, and regarded by their owners
In addition to this feeling. by education by habit we ar
accustomed to slave labor II is property which we know
how and direct and say we, thus situated may q
ii choose without slaves is say we shall not 90
all. Would not be insolent in the South to say 10 th
North the territory is open to you 80, but you shall
take your machinery ploughs LOOMS and anyis with YOU
Is expected Southern should have less sensbiy es
feeling, less pride, when an ndgny is offered to them
Suppose partners in trade accumulate property te
large amount out Of the funds Of the partnership
and by the labor OF the joint partners suppose tho mao
should determine appropriate the ho acquisition to them
selves would this violate the fundamental rights Of the
mnority and shock the moral OF every hones man
How do the differ
But again. hold that the General Government cannot dc
indirectly what it cannot do directly If there is gentle
man this who controve this position refer him 10
resolution have before me, which passed by the House
of Representatives Of the 25h Congress by of six
to one :
"Resoe That Congress has right to do that indirectly
which il cannot do directly Yeas 10, nays soo, 25fh
Congress, Sd SeSs. page g.
Well, tAen, ask if constitution is presented to Con-
gess of State asking admission into the Union is it
peen for decide upon the character of that constitution
further than upon the question whether is republican
provisions The question whether admits int rdicts a-
very does affect its republican character It is
for TO refer TO what the condition of the States
the formation Of the constitution An overwhelming majority
were slave States and nothing further from their ine-
Government The constitution guarantees to every State
republican form of government If State seeking adj
mission, presents constitution mol republican, Congress
could not admit her into the Union. But when its
decide whether the constitution republican in ii character
the question whether il aLo,Us er4cts slavery does
not arise and could justly contend that Congress
would have the right refuse admission only because the
constitution permitted slavery But you say that territory
winch to be carved into States of this Union should receive
slaves in it you provide in effect that but non slave.
holders should there and when the population becomes
sufficiently large to form constitution and apply for adms
sion State, the constitution formed by Shareholders
whom alone you have allowed TO CO. will, matter Of
course, inerdct slavery You will thus accomplish Indirect
ly what cannot be done directly
But is contended that the Supreme Court OF the United
States has settled the question of the constitutional power
and the opinion Of John Marshall is invoked No person has
higher veneaon for the character and sound judgment of
that illusous than have He stands foremost in the
ranks OF the judges Of country and second
the age in waich he lived But have decision of
his which authorizes the assumption. The question did
arise in any He decided that Congress has the poDer
Of legislation for s Territories, This conceded but not the
a5soie unlimited poeer-a power controlled by, and not
overriding the constitution
But will give you the opinion of " the Father Of the Con-
stulon pure and able expounder Of the work Of his
own handsJames Madison. In reply to letter from Mr.
Monroe, during the Missouri controversy, he says
''The questions to be decided seem to be-
l. Whether territorial restriction be assumption Of
iliegitimate power; or, ......
"2. misuse Of legitimate power and if the latter only,
eenee IN the misuse or from Illustration Of it, be the greater
On the first point there certainly for difference OF
opinion though, for myself must own that have always
leaned to the belief that the restriction within the
scope OF the constitution.
On the alternative presented by the second point there
be room with the cool and candid for blame in those
acquiescng in conaory the deand for which
deemed and the itself deemed reconcilea
Bile with the cons tuition. ~..
This is the hasy view have taken of the subject am
aware that may be suspected being Influenced by the habit
OF guarded construction Of constitutional powers have
vcton tina, uncontrolled dispersion OF the slaves with
IN the United States not only best for the nation but
favorable Tor the slaves also, both their prospects OF
emancipation and their condition in the time
But the advocates Of the constitutional power rely upon
precedent and confidently point to the ordinance of 1897
What strength does this give hem rightly understood That
ordinance was not passed under constoa but before
its adopon How then, it be regarded inerpre
tation OF the constitution, when its passage the consu
ton in the womb of utury So far, then, the pre-
cedents of Ohio Indiana. Illinois, Michigan, and Wisconsin
(the five States carved out Of the Northwestern Territory
invoked upon examination, they upon the baseess
fabric Of a vision" a
AS the Of the passage Of the ordinance of 1884,
under the old Confederation, listen again Mr. Madison
have Observed yet of the views taken of the
ordinance OF 1887 nterdctng slavery northwest of the river
Ohio alluson to the circumstance that when it passed.
Congress had authority prohibit the importation OF
from abroad that all the States had, and in the
full exercise Of the right import them and consequently
that there mode in which Congress could check the
evil but the Indirect one OF narrowing the space open for the
reception Of slaves.
Had federal authority then existed to prohibit directly
and totally the importation from abroad it be doubted
that would have been exered and that regulation having
merely the effect of preventing the interior disposition OF slaves
actually in the United States and creating distinction among
the States the degrees OF their sovereignty would not have
been adopted perhaps thought Of f.. Madison TO NJ.
.'fonroe, February TO- 1920.
Mark, ponder well, and apply the testimony of James
Madison The ordinance Of 81 passed, because the old
Confederation had the powe abolish the ican slave
trade It intended indirect blow at that trade, by
"narro,0ing the space open for Mereception Of siares
" Had federal authority then existed such given
under the present constitution, Mr. Madison gives it his
opinion that tie ordinance Of 1887 uond not hare teen
adopted, or perhaps thought Of" Who competent to
give opnion that good aud great man, who
actor in the ofthat day What then, becomes Of the
boased precedent Of the ordinance Of l7sT
The Missouri compromise is next relied on as furnishing
precedent The under which passed weak
EMS if il does destroy its force The country con-
vused and the Union in danger Statesmen might, and
doubt did. regard great State necessity If violation
Of the constitutions the wound inflicted the Union
and the constitution. If violation of the constitutions it
by Northern it forced the South by the
North Yet tie South, loving the Unon for peace and har
mony, have always been willing abide by and extend that
compromise. Not SO with the North
But in further reply the argument Of precedent quote
from great statesman Of the age:
"When gentlemen attempt to carry this upon the
ground Of aequescence Precedent, do they forget that
in Westminster Hall In justice the utility
of uniform decision OF the Judge conformity the ad-
ueaton Of his predecessor In the interpretation and ad
mnisraon of the law this practice wise and proper and
without it, every thing depending upon the caprice Of the
judge should have security for dearest rights
far othe,w rsen apbedto the eesiation Here
the ground merely that predecessors thought themselves
auho zed, under similar circumstances, to iegislate