The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-20

States and only gives TO Congress the power to make h
needfu rules and regulations for its protection and sale
the constitution could have imagined that general
and unlimited right OF sovereign jurisdiction was covered
up under this grant, and that in addition 10 this was
TO influence the relations OF slave property IN all the slave
States OF the Union The supposition is not warranted
BY the facts Of the case, for certainly viii not be con-
tended that the prohibition OF slavery one OF the Feed
full regulations IN dsposng OF the land lying In the Ter
ones and no power is granted but such as was need
\ full in reference to the Territories property.
i believe that IN some this right OF extending
slavery prohibition TO the Territories Is attempted TO be
derived from the last clause OF the eighth section Of
the first article OF the constitution, which reads as fol-
| lows:
be necessary and proper for carrying into execution the
foregoing and all other vested By this con
uron in the government q the United States, or in any
department officer thereof"
Now, Mr.. Chairman, ii will behoove those who insist
that this power necessary and proper TO ngrat il upon
some one OF the expressly granted powers. This can
be done, III such grant in the constitution,
and it is absurd 10 suppose incident without princi
pie. or an effect without cause You might as well sup
may be Justly said to be lts nnlius 1t is of the
bastard progeny born from constitutional prostitution,
and should be recognised legitimate Whenever
power is claimed without grant, under the plea OF ne
cessty ought be viewed with suspicion this has
ever been the plea OF tyrants And no such implication
arises, unless il be ndspensaby Necessary TO the execu-
ton OF some granted power Ii we give any other
meaning than this TO the clause under consideration,
the constitution would not be worth the paper is writ
4 ten
Sir few DAYS since was not little surprised 10 hear
the great senator from Kentucky, lMr- CLAY] IN the
other end OF this Capitol assert the monstrous doctrine
that this government derived its power over thus subject
| the government OF Mexico, had this power, eL me-
oessitde, this government must now have IT. as we had
acquired the country from Mexico This IS the brsi tune
that had heard that this government could derive
authority from any other source than our own constu
ton He says Mexico parted with the sovereignty. and
that as il was pared with il be vested in this gov
This un0n that subst-
utes this government Tor the States and the people OF
this Union Sir this government is neither the States
the people OF this confederacy II is but the agent
the servant the Of the States II is but the
trustee, and the States the cesfH que trusts Mex
leo transferred to the United States, and not TO the
government Of the United States If this govern
ment received all the authority in New Mexico and
California that Mexico parted with, Il is an absolute
despotsm; for believe il Is well understood that
Mexico has a government without limitation OF pow
ers. The gentleman referred to said Mexico could
have abolished slavery have introduced slavery either
into New Mexico or California. Now that power must
have been ceded. Who will deny that" And he said
further that OF the prohibitions upon the power
OF Congress contained in the constitution "restran the
exercise OF the power OF Congress on the subject o sla
very the powers OF Congress coextenslye and CO.
equal with the powers OF Mexico PRIOR 10 the cesson
This is, trust, the first tme and hope II will be the
last that foreign nation will be looked to as the source
of the powers of this government. that il will be pre-
tended that this has all the powers which the
constitution does not deny to it, This is assumption
the very teeth OF the constitution, which declares that
may do the gentleman no injustice will make one other
extrast from his speech, which is as follows:
.wh regard 10 the treaty making power all who have
possible extent which may be carried know thar il
unlimited IN its nature, except insofar as any limitations
but upon this subject Is Limitation which pre-
ssrbes the 10 which the power shall be exercised
Here again the distinct averment, that the cons
tuition has not withheld power from Congress, con-
sequently il has the power which is not withheld This
the most aitudinaran construction OF the constitution
that have met WITH and against which enter my
solemn protest, and viii refer to the 10th article oil the
amendments TO the constitution which declares that Con-
gress has none but granted powers
Mr.. Chairman, Twill conclude this branch OF the argu-
ment By calling the attention OF the committee 10 the
suppositon that had been proposed in the convention
that framed the constitution and recommended II TO the
people Of the States for their adoption that no slave ter
toy should ever be acquired under IT, and that slave
State should enter the Union and that the ten miles
square, authorized TO be purchased the seat OF govern
men should be used as hothouse in which to force the
growth OF aboon and that the clause in reference 10
fugitive slaves inserted in fraud and would not be
executed and that the non-slayehoding States, BY the
action OF their legislatures would make dead letter
ask sir il such propositions had been made in the con-
yenion, submitted 10 the States, would they have re-
ceyed one singe southern vote would the constilu-
ton have been adopted inen ~, ,ns CONSTITUTION
is ii not palpable that such provisions were in al the
time OF its adoptionl ! know no better way OF as
certaning what wise men have done than 10 ascertain
what they intended to do The intention OF the parties
10 treaty. covenant other contract always an I'm
portapt matter TO be ascertaned OF obtaining
right construction OF the instrument The intention oil
the Legislator is ways looked 10 in the construction OF
law, when doubt arises as 10 the true construction Now
SIR let US subject the claims OF the North 10 this test
and they cannot stand one moment We all know that
the constitution never could have existed containing
such provisions; and, notwithstanding this there
men here and elsewhere who claim this power for
the federal government Nothing equal the absur-
dty OF this claim but IFS gross and papabe injustice
Yes SIR even admitting the constitutional power TO be in
Congress 10 do what fear will be done, the act would
then be no beitcr than highway robbery And have
heard nothing SAID in It's vindcaton either here or else
where except certain fashionable cant, about all men
being born free and equal and the power OF maontes
Now have great respect for the action OF such ma
ioes az are prescribed BY laws and constitutions, but
mad rather have any other king than King Numbers
now presented to acceptance TIE most frghiful
desposm upon earth would be that OF uncontrolled,
unchecked, sectional majority, II would make ours
government without limitation of powersa great section
al despotism | am aware that much Is said about the
rights OF maorities and that many politicians speak OF
majorites subjects do oil their monarchs, though
they could do wrong. But msJorItes may be
wrong as well a minorihes, and maorIhes have
no other rights than such they derive from the
constitution Minorites have the rights, derived
from the source. All maorItes for the pract-
cal purposes OF legislation are constitutional maories,
crownng beauty and excellence in systems Of free
governments that s that governments OF const
tutions and laws and not OF menno not even OF major
tiles Of freenen. All are subordnaiion TO law, and
al have the protection OF the law-mnoriiies well
maiorites While the guarantees OF the constitution are
RESPECTED minority has the same protection IN lie, lb-
erty and property as il they were majority The law
does and ought 10 act alike upon every citizen.
4 MIR Chairman, would warn our friends here 10 be
IN