The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-15

lion OF the southern members Of the House OF Rspseson
atives Saturday last Since our remarks were wrsn
find that the Southern Press" from which our cory
Of the resolutions was taken. omits Of them The
omitted resolution is in the following words, sAp
s:s That ss s Sssas Deem
and 10 the duty ofthe South 70 maintain the onss
Satisfactory adjustment Of had BY tho q tho
This resolution completes the series. and we have
nothing to say agansit But we think that the present
posture of affairs makes proper il not necessary that
we define position to the question Of slayeyin
the Territories and animadver at some length on the
counter-resoutions adopted by our southern friends
In the - place, we contend that Congress has no
rghul jurisdiction the subject of slavery, and that
transcends the limits Of lis legitimate functions in
taking any such Jurisdiction
In the second place. contend that Congress has no
right either to establish abolish slavery in any Territory
Of the United States, and that the power to do the one
cannot be yielded without yielding the right 10 do Tie
other On this point fortfy ourselves by the words
Of Mr. CaAouns letter in reply to Mr. Bentons Jsstson
City speech In that letter Mr., Calhoun says:
But If [Congress the power establish slavery
in the Territories how can II have the power 70 abolish
The one q the counterpart Of ne ofhvj and whore n ne
provision Of the constitution 70 be found which authorxes
the one and forbids the other
And agan he says: ,s asssE
great misconception the character and object d
the general that It has the power either 70
tablish abolish slavery, oiher properly, whcre h
authority extends beyond the limits Of the ates Regarded
individually. sgi % a @
Thirdly as coroary to the preceding asssrtion.we
contend that Congress cannot do indirectly what il
not do directly in other words that Congress cannot 81
absh slavery by repeating laws forbddng it any more
than it forbid abolish slavery by repeating laws
recognising or establishing it.
Fourthy, we contend, the language Of Mr.. Calhoun.
used in the letter have mentioned, that the moment
the Territory becomes ours, the constitution passes over
lii and covers the whole with all its provisions winch
from their nature applicable to Territories carrying
with it the joint sovereignty and authority Of each and Ill
the States Of the Union, and sweeping away every
Mexican law incompatible with the rights, property and
relations belonging the citizens Of the United States,
without regard to what State they may belong"
Filthy, we advocate, Of course, the doctrine Of
intervention which denies to Congress all Jurisdiction
slavery in the States Territories, and gives 70 the
people OF the Territories the exclusive right decide for
themselves, when they about to form State consi
tuition, whether they will establish slave or Z non
slaveholding State.
| These are the propositions which the South has
hitherto maintained-prop which have com-
manded and do now command the support Of many able
and influential men in the northern States But we are
sorry that this strong ground has been abandoned
by leading southern men, and that southern men, who
have in times past advocated the doctrine Of ncn-inss
vention have OF late conended for decAratory enact
ments for repeating the Mexican laws, and for enast
an Imaginary code-the common law Of England astsx-
listed in the American colonies the 4th Of July l776
as part Of the fundamental iaW Of the Territonssae.
quired from Mexico. The would be Otherwise u
/ 49, ~
are struggling for his MANTLE Were he alive, his keen
eye would see at once the quicksands into which sos
southern representatives endesvoring 10 lead The
southern people. The common Ian. eristsd IN TIE
colonies on the All Of July, i77oi There never was
any such laws and such code of laws existed in the
colonies on that day But suppose had suppose that
standard of uniformity could be erected and what,
we ask, would il lead tor II we remember rightly. .
man was tried in England during the present century--
not since i77s, but since the year lsoo-and he was
convicted by jury Of his peers Bnt was he sxecuteds
No. He appealed to the common law. He demanded
the acager of batethe right TO test his Innocence In
mortal combat with his accuser-a right which the
common law at that time guaranteed 70 all. Thus he
escaped his just punishment and Parliament for the INST
time repealed the pager of battle We mention this -
but one feature Of the common law Of England q sx
listed in England on the 4th Of July, l776 is unnsces
sary to detail more of its features Every mind will q
once recur to the various which acknowledges
and sustains and can to that tenure which
gives the inheritance the youngest without abhor
ring the very idea Of extending the common law OF Eng
land as uniform code any portion Of the POSSESSIONS
OF the United States. lsfs.s Erf.5 gf4aa
But upon this point prefer 10 submit our rsadsu 10
the evidences and the time the argument Of one
whose name will carry weight than our words--we
mean James Madison Of Virginia; the man who. more
than any other has built up the constitution OF the
United States When the alien and sedton laws OF he
elder Adams were passed. Mr. Madison prepared his caie
brated resolutions which were submitted BY John Tag
lor of Caroline at the session Of I7ss-o9 and wers
adopted by the legislature of Virginia He was slecssa
delegate to the general assembly in i7ss. and At the snsu
ng session made this Report in vindication OF his svi-
Gus resolutions This report will last a. long a. the con-
siiuon itself Il has been regarded from that moment BY
the State rights party and by the whole South a. standard
sork on the constitution n that report Mr. Madison
says: ra uat 5s aus .
That IL 1.-THE ,edion acI exercises power no, dele
gated by the constitution. E
Here again. II will be proper recocct that the federa
Qovernn, being composed OF powers speciheay
with eseyaton OF all the States or 70 the pcopes
The positive authority under which the sedion act could %
passed must be produced by those who asset ~ consh
tonaiity. In what part OF the constitution, "sas "'s
authority to be found