Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1850-03-12
CHARLES'IOWN, VA t]l

4h,, ,I,;s CI.usp ,f th. CIR
Territories is aI III.
ai.tutIon out sup sup ss II racors T., ,L, 70,
dispose oI 't,st, only The nn,ve
rltorV as :, HE II, ,r[ne,
Is 10 "S i'"SI -, ,i 3bat. .,.Ic, NAV ba ISnose
y a'one; as,n,I,s. iI s-Isnuus1e alooeIbe
! u =, ,orritafr as uroperty but uuiutcllj
aPpFopF'a'e % in a,,v fI,nr ssn.t
!'o!e WIZ" r,l[ts,t,,laIions'' which unde
AND the Fn'gs ~. ,;o,, fSress.Sss On
TINS Cause u YF,.. arc sin7nlv tits Sle
} act reSpeG'ins -" iit, 4 ',n, ,,If,ra aSss& al
ana Fegulalions r. ,,,a3IInitcJ States
otncr properly ~ $3.50, Is ,,Is ,3 ,e,,,I.
Ab, :, i H. xrlnsvc mower of max
!Io"S %contenisd what was the neccssi
ing AVS S,rr in anntl,er clause of tht
.1S 1ba aycgl,siye mower Of Legislation
t. srEb, be n,rel,asrd by Con
cross fSr the .reeti6t Ii forts, magazines, arse
65aIs and 0tbers IIeedfEJs sGtIildinGs Eur these
r nlaces when t,urt haseT become properly belong
in,r 10 ,h,, United States, respecting which Cuu
80 ny by au,bpriIy 6f the clause we are con.
siIerinU make all.ueeiCul rules and regulations;
Ind II I6asa :. rules and regulations" include the
,,I,,,s- nr IerizlaIion. why do so unnecessary
tE,ino as to Grant in EXPRESS terms the power o
IpUisIa1ion oycr them
IIissad that in several cases t. eSuTrC met Court
Lo icriicI Iha, CONGRESS- has this power ui lcg gs-
la,ou over the Terrlturies by virtue of this very
Grant Of power 10 ,a kc an. needlul rules and re-
| Citations should like to comment upon these
| cases. hui NV time will not permit me. Lean
only sav. that believe there is no case i'll which
thai rrii,tual has decided HAT Congress derives
i,s sIa,i.I,Iive nower over the Territories fom
anv crnrr<s Grant in the Consultations
IIuink. therefore, may assert that no such
no,,nr T 10 ,ation IS rrpreSSe2 in the Consttu.
iirr
| * This mower then prapcrIy an incident to any
! pvn-ass nn,var and necessary To its execution ?
rho onlv clauses of The CONSTITUTION under which,
in this yiaw. this mower i. claimed, are those
| which authorize Congress- 10 "dcclarc war; (" ard
TO "makc treaties" Bach OF these powers in
| rIndas and in their pXercise Will lead, as they
have haretofore led, to the acquiring OF territory.
And this territory, when acquired, must be 60
| ycrDPd and governed by Congress-, that being the
| .0enr tlat o1ouirpJ il iilr The Stgtes and Which
ITHnsI rnvern i for The States And it is in this
,,a, n7,lv rhat CrnUress Obtains its RIGHT to cUis.
late for iIc T,rriioIics But this power q!
| ;,finu bripr i,ppIcdIv vested in Congress only
| because rTccssarv for tie preservation Of that
which is ncouired is clearly limited to such le-
GisI,,ti,u us Is nacpssarv for that puroosc And
= ,v,rId Ln -. ,rr.nI irrariure from the rule OF
rons,rurriou iaid ,Iovn ltv Nr Madison. TO extend
Ills in,rljrd mower bryoud what is necessary
and prrrcr'' for the projection of the territory
/ Anb I,l,n il for rray,ted that no one wall con.
,and ,La, lie cxcInsion of slavery from the u
S1cs is necessary for their preservation nd pro.
icc,iou. | drew the conclusion that tie right 10
exrird, II is ROT within the score of the powers
rs Cunuress. and that ahv law enacted by Con
arcs. fr il. evrIusinn ,,iuId b, unconstitutional
and void.
| II is said, however. that we must follow the
I preccd, Mt set us nv the ordinance Of 1887. We
! musl do nothing u the Kind il satisfied that the
mower is not prsuted to Congress by the Cunsti,
union. This would beFIo Violate lie Constitu-
ton which we have sworn to support. But huw
rsn ,Jfat ordinance, enacted as il was prior to the
adoption OF our Consultation, Ue used as precc.
dent by which to interpret that Constitution
One arrumcI.t that las frequently been used
usnpport of the ordinance OF l7a7 is, that Vir
rnia before the ccssiOn, had the right TO exclude
Slavery frcm the northwestern Territory, this
riulr vas proEerly exercised by the old Congress
it, b. tin, cessUn, having been invested with all
The riuhfs and powprs which before belonged Ia
Virginia. | must confess never felt the o'ce
Of his reasoning: first, because doubt the right
ol an ordinary Legislature 10 declare that not to
be property which before was property; and Sc
condIy, because no such power was conferred hy
the States upon the Confederation, and it could
only exercise such powers were granted Ia 1t
therefore regard the ordinance OF 1887 an
act of usurpation-a beacon to warn, not a light
to be followed. But this is imnuterial-tor when
the clause excluding slavery was first proposed
ii did not receive the vote of single southern
State Nor did this exclusion prevail until scvc-
raj years afterwards, when it was coupled with
tIe power to reclaim fugitive slaves. Aud No
adopt a suggestion made some years since by d
very distinguished Senator from South Carolina
whose present serious indisposilion is sincerely
regretted, | am sure, by every member o' this
H6usc) to obtain its passa 90, advantage wastaken
orthe Inconvenience TO which The South was sub.
jected for want Of such provision; and it is
Scarcely fair TO bring forward. as worthy OF imita.
ton, an enactment Which had its origin in such a
source.
And then again, it is said that. by the Nilsson
ri compromise, (most improperly 50 called.) the
South is estopped from raising this objection
But, in reply, it should be remembered that that
law was forced upon us by northern votes, and
lis enactment, can no more prove the constitutions
al power of Congress to exclude slavery from the
Territories, than the law to establish United
States Bank determines the cnnstitutonalify o.
bank. But The South has submitted to thai