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

this District, the power may be plausbly claimed but
cannot think that il can be justly claimed Those who
CAIN ine power ior Congress DO 50 on lne grouha Una
power OF legislation. think this is misapprehensIon
For instance; this Congress and the Stale legisa-
lures have exclusive legislative power the States
and the people OF the Union But they have not all
power They have only certain delegated powers. and
the balance remains in the keeping Of tine people, the
safest and best deposiary OF power IS manifest that
the grant OF exclusive power OF Legislation, given in
the constitution, does not unlimited power, but Is
simply the grant OF power under the general provisions OF
the constitution, and must be exercised simply with the
view OF executing the objects OF the grant Either this
is the true construction OF the grant, in this District
Congress has unlimited powereven the power TO sell
every freeman into perpetual slavery. But upon any
fair view OF the constitution il is impossible to maintain
this construction OF unlimited power; for by the const
tuition, the trial OF all crimes except impeachment shall
by Jury in this District And further, conviction in
this District for treason could not work corruption OF
blood because the constitution expressly says that no
aainder OF shall work corruption OF blood or
forfeiture, except during the life OF the person atained
Here another restriction of the power OF Congress IN
this District But such restrictions are too numerous for
to refer to them See the 1s article Of the
amendments TO the constitution, which is in the follow
ing words:
Congress shall make law respecting establish
OF religion prohibiting the free exercise thereof
abrdgng freedom Of speech Of the press the right
Of the people peaceaby TO assemble and to petition the
government for redress OF grievances"
Is there any here who in the face of this express
provision of the constitution, would contend that Con-
gess has the right in this District establish church,
ard prescribe form OF worship and fix creed or TO
abrdge the freedom OF speech, or OF the press or the
right of petition Ii not, then the power OF Congress
has limitations, and these fixed by the objects OF the
grant and general principles OF the constitution In fact
all OF the twelve articles contained in the amendments
TO the constitution but one, are limitations upon the pow
OF Congress here, and in the States and Territories In
truth the whole theory OF our government State and
federal edcated upon constitutional restraints OF pow
er There power in this country which is not lin
ted except the power OF the peoples and even this u.
mate power has to De exercised according to certain pre-
scnbed forms, or il is revolutionary.
II the conclusions which have stated be not true, then
every citizen of this District has other tenure for his
life, liberty, property but in the win of Congress
The suppostion OF such state OF facts is monsirous,
and would be abhorrent TO every American heart.
II then, il be conceded as il must be, that the power
OF Congress in this District is limited, would ask, in
what is that limitation to be found' think the natural
answer must be, that il is 10 be found in the object and
nature OF the grant These were plain to the minds OF
the trainers OF the constitution who simply desired 10
confer upon Congress- in the Ten miles square, such
power as would enable them-freely and without
strano carry out all the other provisions OF the con-
sttution in which this particular provision is contained
Can lby any mind) be conended that the grant OF
exclusive Legislation in this District intended TO confer
upon Congress any power outside OF the constitution
The suppositon is absurd. The grant made sim.
ply that Congress- and the other departments might all
times be in situation to perform their duty under and by
virtue OF the constitution.
No one will have the impudence or folly to contend
that the abolition OF slavery here or elsewhere
OF the objects OF the grant was no then II follows
necessarily haf no sucn power exists IN Congress And
think fortified in this view OF the subject by the
fifth article OF the amendments 10 the constitution which
contains the following clause: "Nor shall private prop
erty be taken for public use without just compensation"
The constitution thus negatives the idea that private
property can be taken for any other purpose but for pub
ic use, and then upon Just compensation. Aboonsm
would take il without just compensation, and for
public use / might follow this subject further but
will refrain by simply saying that satisfied that
Congress has neither the night TO abolish slavery in this
District appropriate the public money any such
of The for
lis value suppose, in THESE days oil latndinarian
construction, il will not be denied thai there is hmiia
ton Of the objects TO which money may be appropriated
by Congress.
The next proposition to which shall call the attention
OF the committee Is the question OF slavery as connected
with the Territories This is a fearful questlon-one
which will and which ought TO dissolve this Union,
the claims up by the North TO be insisted upon.
II will ask, sir. what these caimsi Why, they
simply that the free States shall take for their exclusive
use and benefit the whole OF the territory owned,
or which hereafter may be owned, BY the United States
excluding the savehoding States from all participation
IN the territory sequred oy the common blood and treas
that slavery 10 be confined 10 its present mits and
tina, no slave Stale shall hereafter be permitted TO
enter this Union This would De mos, inquous prop
osiion il had the sanction of the constitution
upon its side; but when II Is reflected that il is gross
violation OF the constitution as il Is OF the common
principles OF honesty and justice how he expected
that the southern States will submit 10 III They ought
not, they cannot, they Will not
Mr. Chairman. intended to speak plainly, because
think we ought TO understand each other. will, them
say that my mind is deliberately made up 10 the convic
ton that the South ought not take less than the Mis-
sour compromise, with such guarantees as this govern
give that the agitation OF the slavery question
shall cease in reference 10 this District and in Congress
generally and that the slaveholdng States shall be
required either BY the action OF Congress the action oil
Their State legislatures abide BY and execute that
article OF the constitution which makes the duty of
those States 10 deliver up runaway slaves These
questions sir must be settled now, II desire TO
this Union Any attempt 10 defeat the Just rights OF the
South WILL in my opnion as certainly destroy this Union
as that now address you; and he who votes for the
abolition OF slavery this District, the exclusion o
the South from just participation in the Territories
may assured thai has vote contaminated BY le-
gisalion, be votes dissolution OF the Union
Mr. Chairman. have stated that, in my view OF this
question, Congress has power to prohibit slavery IN
the Terriores and support OF this position, call
those who claim the power 10 show any article OF the
constitution which coniers IL | aver il gives no such
power and, II il Is not in the constitution, cannot be
exercised by Congress- because the constitution uses the
following very explicit language in reference 10 our
powers The tenth article OF the amendmenisto the con-
stItuion is in the following words The powers not
delegated 10 the United States by the constitution, nor
prohibited by il 10 the Staies reserved 10 the States
respectively TO the people" This article OF the con-
stiGion estoppe 10 the exercise OF this power,
less il arise by implication from OF the express
grants OF power. This is admitted by al-even these
met by the allegation that Congress has the right 10
acquire territory by treaty. and the right of acquisition
must from the necessity OF the case be followed by the
right 10 govern This true 10 a certain extent that
Congress has the right govern 10 the extent OF the
necessity, but further and this necessity, in my
opinion, limited by the legislation necessary to pre-
serve the property OF the United States in the Territories
"a. safar