The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-26

Oa hs AdmissioH Of Cuivoraia, dsiusred in the House
Of Representatives., April 10, $780,
Mr. ROSS said
Mr.. CHAIRMAN; II was my intention to take no part in
this discussion; but as do not concur with any one
my colleagues who have addressed the committee in The
views which they have expressed dean it proper also
TO oier some remarks upon The subject under
sIderauon. Beside, feel that 1t is duty which eve
my constituents 70 explain 10 them the position that
occupy on this exciting and most monentous question
DO not intend sir % submit any elaborate argument on
the constitutional point which has already been The sub
Ject of 80 much discussion but, as have wish to
conceal from my constituents any opinion entertain il
is but Just TO them 70 say that have given that question
anxious and deliberate consideration, and that, my
opinion. Congress has no constitutional power either to
establish or to prohibit slavery in the Staes Territories
And will further say, that ii Congress had the con-
stational power. would be unwise. nexpedieat and
highly improper to exercise that power
In justice to myself will, in few words, give my
for this opinion Each State independent
sovereignty when she entered the confedeacy, SO far
least regarded the objects oil property and the domes
tic and social institutions OF her people; and she
readered part OF that sovereignty BY becoming mem
Der oil the Union. The general government estab
iished Tor certain specified Objects ard its powers
limited by the constitutional grant which created it; but
10 The States themselves belong all powers expressly
delegated, which, by necessary implication. do not
ton Of the constitution, negro slavery, believe existed
an all the States, but one, which tnen formed the Union
and no power was given to the general government TO
control, regulate, prohibit, or establish slavery That
power, beng granted was vested in he States them
selves. The constitution, however, recognised slavery
as oae Of the institutions Of the country, and made pro-
vision for the protection Of slave property. There
no grant, therefore, Of power Of any kind the subject
of slavery made by the States the general
but there binding obligation entered into By the free
States, by such might become free that the general
government should protect slave property Ii seems to
me- therefore, that the States delegated the general
government no power OF any kind over the question OF
slavery, Congress, which derives all its powers from The
constitution possesses no authority either establish
prohibit slavery in the States Territories In regard
10 the Territories, Mr.. Chairman the general government
is but the trustee of the States and it has no power to
make any rule or regulation which will throw open the
Territories TO settlement by the people OF section Of
the Union to the exclusion Of the people of another Sec
people OF all the Stes-slaye States as well as free
and the general government the trustee is bound 10
execute the trust for the common benefit OF all Any
legislation by Congress, prohibiting slavery in the Terri
tories, would, therefore, be only an assumption of
power not delegated, but would be violation OF the
trust which the constitution vested in the general gos
eminent
But sir further hold that the general government has
no power to prohibit BY any legislative act the introduce
ton nio the Territories OF any species o property which
the constitution OF The United States has recognised
property Property IN slaves is not only recognised by
The constitution but guarantees given for its protec
ton. The power, therefore, which given to Congress-
BY the third section OF the fourth article, 10 make 'a
neediu rules and regulations respecting the territory or
other property belonging TO the United Staes" merely
right to regulate but not power to abolish that which
the constitution has recognised as property An obga
to destroy And thus, while have the constitutional
power TO pass laws for protection and regulation of
slave property in the TeniloTes have no power TO
make any legislative enactment for lis Prohibition
whether in the States Territories In word SIR the
constitution of the United States is the constitution of the
Iernlones and as that constitution recognises the right
oil property IN slaves any prohibition by Congress OF that
right would be IN violation OF the constitution which is
the supreme law OF the land.
But sr, this system OF slavery involves not merely
question OF property. II is domestic institution inter.
woven with the social system OF one. half OF The States
o. this conedeacy. have just expressed the opinion
mat viewed as question OF property alone legislation
oy Congress IN regard TO IT is unconstitutional but when
viewed IN ITS true light, domestic institution lying al
the foundation of the social system oil seven mil
hons oil The people OF this country, cannot hesitate in
onoaneng all legislation BY Congress for its prohib-
non usufpaon OF power never delegated, and clear
violation OF the spirit and meaning OF the constitution
oT me constitution not formed for the purpose OF
controlling or interfering with the domestic OF social in
suiuilons OF the people OF any of the States No such
power conferred by The States the general govern
menl ~ any pau OF that instrument This Union never
would have been formed, il such power had been at
class OF people in any part OF the Union would have been
willing 10 subject their domestic institutions the control
o. mere sectional majority which might, in the lapse Of
ume, prevail IN this House think, sir, IL is undeni
able proposition, that whatever social system or domestic
feaon not forbidden by the constitution, ihe people OF
ns country zee proper 10 adopt the people OF the Terri
loies may also adopt reject may them the
more expedient Pennsylvania. and each one OF the f
teen Tree States Of this Union may reoganze their social
institutions any time and Introduce this system OF do
mesc sefyllude. There is nothing in the constitution OF
he United States to prohibit il. know that this will
never De done, for no free State will inc 70 great an
es upon her people to introduce negro slavery but
ney pave me Constitutional power. II they proper TO
exercise l then, all The thirty States OF this conied
eacy may adopt this system OF negro servitude without
any voAuoa ol the Constitution, am at loss TO un-
aels'ahd IN what part oil that instrument Congress finds
us power OF prohibition ia the Territories The power
70 make rules and regulations respecting the property OF
he United States in The Territories conere no authority
70 prohIo or abolish any social or domestic relation OF
lne people not ~ violation OF the Constitution III II be
unconstitutional IN Congress 10 prohibit this domestic in
suon IN me States, is equally unconstitutional 10
PIonibt ~ the Territories Congress has no delegated
power IN either case under the Constitution; and can
ee no difference IN principle between the States and Ter
oes as TO The power OF Congress over the domestic
shiutons Of the people
know, sf that there legislative pecedenis for the
kercse OF this power by Congress- but precedents not
nosa on any constitutional authority and ought 10
Tsse 70 binding foce either here or in courts OF law
iney nave always been, in every government and in
ever age, The plea OF tyrants for usurpaon OF power
% o sncfoschmens on the rights OF the people. II has
uuy sad, that precedent never sanctify error
pe'ptluae us1rTatIon. In constitutional government
49," = ours, where the powers Of the general govern
@.s e eeaTy dehned, act, repeated acts OF Con-
% .a1 ehher enlarge or restrict those ppwers There
one wS;r ~ aoeirlne more raught with evil than the
nas,s ~ou place the exposition of constitutional
pMJwsL M ~ ihe h-0ds OF Congress II Is doctrine, sir
I uampes under foot all constitutional guarantees
u a makes Tue unreslrsned will OF majority oil this
lne supreme law OF the land The history OF the
80 o. Tins country furnishes precedents 10 abund
"n ~ ne most dangerous heresies which could be m
uuuced INTO The government We have precedents for
sen and sedon laws, for national banks for internal
oha, by The general government, and for many
ue hefesies which the advocates OF latitudnarlan