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

tne propney of exercising the principal powerths be-
lief that our opinions IN regard TO slavery alone
determine the mode OF the OF that powerlhat
in the discharge Of public duty under this consu.
on we may g,ve scope and operation 70 our own pssu
rs called the extension OF slavery is 50 perseveng
resisted lie, me explain II it is shown or admitted
that they have equal rights under the constitution
that, in order to the enjoyment OF these rights II
is necessary that Congress shall, by legislation, re-
move certain distractions which exist in the Territories
Of the United States, sit would follow inevitably that
Congress would be bound exercise its powers, with
out considering the question Of the guilt innocence
the social and political evils or benefits OF do
mesc slavery Its allowance would be an incident
| to the principal power, which in the sup
posed would be SO exercised in fulfment Of the
! injunctons OF the. constitution The principal OBJ
ject would be TO organize government. The question
would not be- whether slavery should be allowed but
whether the rights Of American citizen should be
cured in these Territories; wheihef stakeholder, be
cause he was STAKEHOLDER, and for that cause alone,
should be excluded from them II his right was affirm
ed and became necessary 10 remove any obstructons
TO It's enjoyment the removal OF such distractions would
be incident 10 the principal power which was exered
afrmance OF the right And permit to say, with
all possible respect that il this state OF things should
cur; il the constitutional right OF citizen TO
with his slave property to Territory was ascer-
tanned, and the existence OF an obstruction to the
enjoyment Of that right should appear to exist there
! he who would refuse to exercise the power with
which the constitution has invested him for the
purpose OF removing these distractions. would have
to choose between his featy to that constitution, and
the indulgence of his own speculative opinions
lMr. b. here gave way to motion to postpone the
further consideration Of the subject until to-morrowl
Mr.. BERRIEN resumed and concluded as follows
Mr.. PRLsIDENT: | resume this discussion at the
point at which left II yesterday, submitting to the
Senate only or two remarks necessary preserve the
connexion OF the argument was engaged in the effort
70 demonstrate that Congress had no power 10 prohibit
slavery in the Territories. had presented, con-
sderaon calculated to deny them that power, the
sutonal right OF the people Of the United States had
founded that right upon the equality which was the ee-
UrinClnp rcd
the sovereignty OF the respective States. My purpose
now is in further support Of the negative OF this power
to the Congress OF the United States, to advert to the
principles of international law applicable question
like this and then briefly to trace this pow er up its
source according to the several means by which il has
been derived for the purpose of showing, well upon
the principles of international law applicable to
nifty OF interest," by reference TO the Of that
power, that this limitation is necessary result
It is said by Vattel:
.sWhen nation in body, takes possession of coun-
try everything that is not divided among its members
mains 10 h ohos nation, and is called public prop
erty y"-pattet p l09, 2s6
So community may acquire property by conveyance:
IAN the members ofa corporation Il add, all the citizens
ofa Sate) have sqsa right to the of lis
q The The sae may make such es
nlaons as they think proper provided thas ,hoss rega-
20 be preserved in communion Of properly. Thus
poation may determine The Of forest
wans aottng each equal share; but they hav
MOI right 70 sreads any one Of tho number or to make
share than that of the Others"
The shareholders Of the South are members Of The
community, having equal rights with Others You
exclude them from the use OF the public property which
Disadvantage by the prohibition Of slave labor.
II is unfortunate for the argument OF the North, that
the shareholders OF the SoHth notwithstanding The o
slavery which attaches TO them are BY your consent
portion of the community OF the United States. They,
with YOU are entitled to equal rights They, with you.
all tine which they deem necessary for the enjoy
ment Of that portion of the Union which they pos
sess You propose to do-what 10 TN Not TO exclude them s
United States, gentlemen tell open TO the South
well the North; but you propose, the very
OF this author, "to make distinction 70 their dsadvan-
iage." in the manner in which this public and common
property shall be used While you ''keep the word OF
promise to tue break II 10 the hope" You tell
uso into these Terrtsres they are free to you as 10
US. But in order to to yourselves the exclusive
enjoyment OF that, you make distinction dsdd
pantdge, the inevitable result of which, you know will
be to excude from all participation in that enjoyment
beg senators 70 consider whether this be proper ex
ercise OF power in relation to other matters man slavery
III you revert your recoecons 10 the period OF
loniai vassalage to Great Britain! Will you remember
the series OF laws by which Great Britain sought
to limit efforts to the cultivation of the soil-by which
she designed TO make the products OF LABOR cxclu
svey agricultural, TO be transported in the form OF raw
materials only 10 her Do you believe that you possess
such power that in the territory OF the United Staies
Il you chose to make California altogether agrcutu
raj county, do you believe that you could inhbt the
manufacturer OF Massachusetts from taking out and
erecting and working his machinery theres Do you be-
ieve thai you could inhbit the inhabtani of Maine or
New Hampshire from constructing his ships and nav.
vgaing them to whatever ports he might think proper
Could you forbid branch OF industry or another q
You have Just as much and no right TO make dis
tlnction to the disadvantage of Massachusetts, New
Hampshire, Maine, by inhibting that peculiar indus
try which they accustomed to direct their product
i've labor, you have 10 make distinction injurious 10
the people Of the South, by requiring that labor within
the Territory of California shall be exclusively free la
bor SO this proposition stands upon the principle Of the
law of nations, and upon the authority which has been
adduced.
Nov, II you proceed TO trace this power up 10 It's
source, you will md that is ascribed in the first place,
TO that oil the constitution which authorizes Con-
gress make all needu rules and regulations for
the government gentlemen in the habit OF quoting
the clausebut needu rules and regulations respecting
me territory OTHER PROPERTY of The United States
this public property the territory OF the United States is
within the jurisdiction OF any particular State it must
OF necessity be under the control OF the Une States
The right TO institute these governments is tracei next
to the war-makng and finally TO the treaty. making
power. A very bref remark upon each Of these will
enable me to pass to that portion Of the Argument upon
which desire more particularly 10 address the Senate
Is scarcely necessary to discuss the question with re-
gard to the hrst power The whole article, as well as
the particular terms used, manifesiy confines the power
to be exercised to the property OF the United satesob
vously showing that the power 10 control and regulate
persoas cannot be deduced from hs power TO make rules
and regulations respecting property. The distinction Is
too broad 10 escape the most careless observer Again,
sir, the confidence with which high ju-
dical decisions have been spoken of venture to say in
this presence that this power has yet been
under this clause OF the constitution and venture
further aifrm that there judicial decsIon-pi