The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-03

Mr. DISNEY said
Mr CHAIRMAN; This subject has SO thoroughly occa.
pied the public mind, and been so much discussed not
only public but in pyale that at this late day. no new
light can be thrown upon 4 Occupying, however, what
may be considered BY some somewhat singular posi-.
lion in relation to it Individually, feel that perhaps
may be lusned IN ventrn5 upon the patience oil the
House. tor the single purpose OF dsembarassng my
action hereafter do not hope influence the opinions
Of others, whether inside or outside Of these walls bui
wish simply TO place myself right before the country
right at home. and right abroad.
The public feeling in relation TO slavery in the Terriio
res is intense, and that very fact has added not little
to the difficulties in the way Prejudice has been aroused
the sympahes and the interests OF section OF the
Union have been arayed against the other and heat and
kind of settlement OF the matter which alone render
i, satisfactory It il only when the passions rest
that the mini is free and temper should be driven from
the judgment seat when we would settle affairs such ss
this. II is however, no question--it shook the
Union in 1920 Then, as now, excitement abroad
The public mind was thoroughly agitated Legislative
bodles religious societies, private individuals, and town.
meetings, spoke out their feelings and opinions. The
subject examined with the utmost care lnvestiga
tion followed investigation discussion followed upon
discussion The records and history OF the country were
searched every fact was paraded and the best nteects
of the country added their commentaries and published
their opinions. But, after all, the question was evaded-
expediency took the place OF right, and the matter was
compromised. The principle referred 10 geography
for its settlement and the distance OF its application from
the equator lett TO determine the constitutional right
AS question OF right, the result absurd enough; but
it sed the storm The mouths OF men were stopped by
their love OF quiet but the progress OF events has brought
the question back and, though tmay be again postponed
decision must be had at last, and IN my opinion, the
sooner it is had the better for all parties In my Judg
ment the danger is not in actioR but delay would not
create dangerous future for the sake OF present safety
but would settle the principle OF once and let the conse
quences come
have no apprehensions for the safety Of the Union
the strong good sense of the American people will
know, preserve it This Union will long outlive lie
schemes of politicians and the passions Of the hour
The people understand and appreciate its blessings and
overreached ITSELF il il be necessary they will take this
matter in hand and with more wisdom settle IT eiec
tualy could be done by all the statesmen in The land
Emnenty practical, the people view these things in the
strong but common light Of every day e No sophsti-
cal cobwebs impede their pah they look 10 results
and when aroused to action they march TO the object by
the straightest road.
The questions with which we have to deal are well
defined Has Congress the power under the constitution
to prohibit slavery in the Territories and il il has, is il
expedent TO exercise il! They involve momentous
issues and would approach them in proper spirit In
their discussion strong men have been arrayed against
each oher-reasons have been given, and antagonstc
conclusions drawn The affirmative has been nounced
with oracular one and the giving out has been coupled
with than hint, that to doubt it is to peril the
puation OF ones mind Let be so; with such people ii
do not reason. A triton among the mnnows may talk
large, but the style strikes out OF place among
omng men, Ignorance, sir, naturally flies TO pretenslon
for protection but whether II prove shield OF safety
depends much very much on the temper and the taste OF
The power claimed, we are told may be deduced from
that clause OF the constitution which relates to the terri
tory and other property OF the United States. Let ex
anime IT, The words are:
The Congress shall have power dispose of and make
all needu rules and respecting the territory and
constitution shall be so construed as to prejudice any
claims Of the United States, OF any particular State"
The power granted here is obviously the same wheth
sI in relation e % territory oI ,O other properly the
oil as property, and the clause embraces II with all other
kinds and confers upon Congress the power to dispose
Of and to make rules and regulations in regard to- all the
property belonging to the United States, territorial and
Otherwise. The adjective fixes the relation OF the words
and marks the meaning. "0usr' means, not the same
IN IDENTIFY but the same IN general character and terri
tory and "other property is precisely equivalent, in
phaseology, TO territorial property and other kinds Of
property" grammatical anay sis exhibits the same
and common. general meaning Of the words territory
and property" they stand this clause OF the consi
tuition, and every rule OF construction under the dom of
our language likes the precise and single meaning OF the
phrase. The words themselves simple and Of com
mon use; and the form in which they are arranged
really seems 10 defy msconstruction The opinion of
the Supreme Court s clear In the case OF the Cherokee
nation against the State OF Georgia, Peters, the court
declared, that the territory here used is merely
the word lands"
The power given is the power to dispose of-,hat Is
to aenate and TO make all needfu rules and regulations
respecting the territory, not for the government Of, but
in relation %, the territory belonging and owned by
the United States The power 10 ALLEVIATE, OF course,
only have reference to the territory property and
II just as clear that the power TO make rules and
lations has reference TO il in the same character The
government neither ALLEVIATE its jurisdiction dele
gate lis legislative power. II can dispose Of neither, but
must exercise both, il they be required
The power to make rules and regulations, in its CON-
mon form, is usually applied to things. We say the
rules and regulations OF busnessthe rules and regula
tons OF the House but speak in the abstract OF the
things and the effect OF the rules persons is simply
result from their connexion with the things The power
10 make rules and regulations is certainly the power
leglsate TO some extent but il is TO be understood
legislation inferior 10 the making OF laws affecting ques
uons OF right We use the phrase in relation matters
OF police. but il is never understood embracing the
higher attributes OF legislative power power TO make
laws embraces the power 10 make rules because the
greater includes the less, and the power regulate ag
embrace the power 10 make laws; but they only be
such laws as are necessary to regulate the things The
books recognise the distinction. In Campbell u.s. Hall
Cowp. X. 20f, Lord Mansfield said.
"Tbe statute of Wales, IL Ed. l. Is certainly no more
than regulations, made by the King in his couBc for Ed
ward pretended that he could without the
Of Parliament make ars to bind any part Of the realm"
And inferior power may establish rules but il requires
the highest authority 10 enact law power to aenate
and make needful rules for territorial and other prop
IN which find III but the words cannot be made to in
yolve the higher power OF making laws To suppose
that the general law making power, and the power OF
regulating and alternating things both conveyed by,
and together, and in the wordsand words which
20 evidently have different meaning-is, when we re-
the importance OF the instrument in which they
are used TO attribute ignorance or careessness to the
writer of it, which his own express declaration, and our
knowledge OF him, emphacally contradict Indeed, il
may De safely said that the phraseology presented
IN reiau0n 10 any ordinary affair, two men would differ
IN regard 70 either It's critical apparent meaning Then
why wrest and torture from its natural and obvious pur
posei