The North-Carolina standard., 1850-05-15

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SPEECH OF MR.. ROSS,
OF PENNSYLVANIA.
Delivered in The House Of Representatives Of tie United
ates pril 10, 1850, the admission ef California.
MI. Ross said Mr.. Chairman: 1t was my inten-
ton take part in this discussion but do not
concur with any one of nay colleagues who have ad-
dr. essed the committee, In the views which they have
expressed, deem it proper also to offer some remarks
upon the subject now under consideration. Beside,
feel that it Is duty which owe my constituents
to explain to them the position that occupy on this
exciting and most momentons question. ] do not
intend, sir, to submit any elaborate argument the
constitutional point which has already been the SUBJ
ject of much discussion; but as have no wish to
conceal from my constituents any opinion entertain,
is but just to them to say. that have given that
question an anxious and deliberate consideration,
and that, in my opinion, Congress has no constitu-
in the States or Territories. And will further say,
that if Congress had the constitutional power,
it would be unwise, inexpedident, and highly i'm
proper to exercise that power.
In Justice to myself, l will, in few words, give
NV reasons for this opinion. Each State was an in
'~.~ S~.'AS~
eracy far at least regarded the objects of prop
erty, and the domestic and social institutions of her
people; and she surrendered no part OF that sover-
eighty by becoming member of the Union. The
general government established for certain speci-
fed objects, and its powers limited by the const
tutional grant which created it; but to the States
themselves belong all powers not expressly delega-
ted which, by necessary implication, do not arise
from some express grant. At the time of the adop-
tion of the constitution, negro slavery, believe, ex-
listed in all the States. but which then formed the
Union !; and power was given to the general gov
ernment to control, regulate prohibit. or establish
slavery. That power, not being granted, vas vested
in the States themselves The constitution, however,
recognised slavery as of the institutions Of the
country, and made provision for the protection Of slave
Of any kind on the subject of slavery made BY the
States to the general government; but there was
binding obligation entered into by the free States,
by such as might become free, that the general goy-
ernmeht should protect slave property. 1t seems to
me, therefore, that the States delegated to 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 or
Territories. In regard to the Territories. Mr. Chair
man, the general government is but the trustee OF the
States and it has power to make any rule or reg
ulation which will throw open the Territories to set
tement by the people of one section of the Union to
the exclusion of the people of another section The
beneficiary interest of the Territories is in the people
of all the States-save States az well as free; and
the general government, the trustee, is bound to
execute the trust for the common benefit of all. Any
legislation by Congress, prohibiting slavery in the
Territories would, therefore, be not only assumption
Of power not delegated, but would be violation Of
the trust which the constitution vested in the general
government.
But. sir, further hold that the general government
has power to prohibit by any legislative act, the
introduction into the Territories of any species of
property which the constitution of the United States
has recognised as property. Property In slaves Is
not only recognised by the constitution, but guaran-
ties are given for its protection. The power, there
foe which is given to Congress- by the third section
of the fourth article make all needful rules and
regulations respecting the territory other property
belonging to the United States" is merely right to
regulate, but not power to abolish that which the
constitution has recognised as property An obiga-
ton to protect or regulate gives no power to prohibit
tutonal power to pass laws for the protection and
regulation of slave property in the Territories, We
have power to make any legislative enactment for
its prohibition. whether in the States Territories.
In word, sir, the constitution Of the United States
is the constitution of the Teritories and as that
stution recognises the right Of 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, sir, this system of slavery involves not mere
ly question Of property. tits domestic institution
interviewer with the social system of one-haf of the
States of This eouedeacy. Ihave just expressed the
opinion that viewed question Of property alone,
legislation by Congress in regard to it is unconsttu
tonal but when viewed in its true light, domes-
tic institution, lying at the foundation of the social
system Of six seven millions of the people of this
country, cannot hesitate in pronouncing all egisIa
ton by Congress for its prohibition usurpation of
power never delegated, and clear violation of the
spirit and meaning of the constitution. Sir, the con-
stution not formed for the purpose of controlling
or interfering with the domestic social institutions
Of the people of any of the States. No such power
conferred by the States the general government
in any part of that instrument. This Union never
would have been formed, if such q power had been
attempted to BE delegated to the general government.
No class Of people in any part Of the Union would
have been willing to subject their domestic institu
tons to the control of mere sectional majority, which
might in the lapse of time, prezail in this House.
think slr 1t is an undenable proposition, that what
ever social system OF domestic relation not forbidden
by the constitution the people Of this coantsy see
proper to adopt, the people of the Territories may al
SO adopt or reject AZ may seem them the more
Pedient. Pennsylvania, and each one of the fifteen
free States of this Union, may reoganize their social
institutions at any time, and introduce this system of
domestic seryitude. There is nothing in the cons;i-
tuition of the United States to prohibit it. / know
that this viii never be done, for free State will
lniet 90 great an evil upon her people a. toin,roduce
negro slavery; but they have the constitutional DOW.
o. they Gee proper 70 exercise it. If, them ali the
thirty States Of this confedesacy may adopt die sys-
tenn of negro servituds without any violation of the
constitution. am at loss to understand in what
prohibition in the Territories. The power 10 make
rules and regulations respecting the pvsp-tv Of the
united States in the Territories cenfeTs no authority
70 Pronbt abolish any social or domestic relation