The Port Gibson herald, and correspondent. (Port Gibson, Claiborne Co., Miss.) 1848-18??, 1850-01-25

Crawford said, this was the opinion that
had been attributed TO Mr.. King. | said
it was undoubtedly the opinion of Mr..
King, and it was mine; did not want to
make public display of it, where l might
excite irritation; but if called upon official
ty for it, should not withhold it. But
the opinion was not peculiar to Mr.. King
and me. 1t was an opinion universal in
the States where there are no slaves; it was
the opinion of all those members of Con-
gress who voted for the restriction upon
Missouri, and of many Of those who voted
against it. As to the right Of imposing
restriction upon a State, the President had
signed bill with precisely such restric-
ton upon the State Of Illinois. Why should
the question be made now, which was not
made then! Crawford said that it was
done in conformity to the compact Of the
ordinance Of l7S7: and besides, the re-
stricton was a nullity, not binding upon
the Legislature Of those States.
did not reply TO the assertion that a
solemn compact, announced before heaven
and earth, IN the ordinance Of l7S7-a
compact laying the foundation Of security
to the most sacred rights of human nature
against the most odious Of oppressions-a
compact solemnly renewed by the acts of
Congress enabling the States Of Ohio, In
diana and Illinois to form State govern
ments, and again BY theaacts for admitting
which the Legislature Of either of those
States may at any time disregard and
trample under foot. 1t was sickening to
my soul to hear the assertion. but TO have
discussed it there w6uld have been useless,
and only have lindled in the bosom Of the
Executive the same flame which has been
raging III Congress, and in the country.
Its discussion was unnecessary TO the de-
cision Of the question proposed by the
President.
therefore only said that the ordinance
of l7S7 had been passed by the old Con
gress Of the confederation without authori-
ty from the States, but had been tactitly
confirmed BY the adoption of the present
constitution, and the authority given to
Congress, in it, to make needfal rules and
regulations, for the territory. | added,
that in one of the numbers Of the Fede-
ralSt there was an admission that the old
Congress had passed the ordinance without
authority, under the impulse Of necessity.
and that it was used as an argument in
favor Of the enlarged powers granted tC
] Congress in the constitution. Crawford
said it could therefore have little or nc
weight as authority. replied that it was
not wanted as authority; that, when tho
old confederation was adopted, the UniteC
States had no territory, nor was there ii
the act of confederation, in which the
powers Of Congress under ii were enume-
rated. a word about territory; but there
was a clause, nterdicting 10 Congress the
exercise Of any powers not expressly glver
them.
alluded TO the origin Of the confedera
tion with our revolution. to the revolution
ary powers exercised by Congress before
the confederation was adopted; to the ques
ton whether the Northwestern territory
belonged to the United States or the sepa
rate States; TO the delays occasioned by
that question in the acceptance Of the con
federation, and to the subsequent cession:
of territory BY several States, to the Union
which gave occasion for the ordinance o
1871. To all which, Crawford said moth
ing. Writ said that he perfectly agreed
with me, that there could be no rightfu
power to establish slavery where It wa:
res nora. But he thought it would be th'
force of the act Of Congress that woull
lead to this result; the principle itself be
ing correct, though Congress might have
no power to prescribe it TO a sovereign
State. 70 this my reply was, that tht
power of establishing slavery not being
sovereign power, but wrongful and des
potic power, Congress had right to say
that no State undertaking to establish
de noro should be admitted into the Union
and that a State which should undertak,
to establish it would put herself out of th'
pale Of the Union, and forfeit all the right
and privileges of the connection.
The President said that it was impossi
bic to exclude the principle Of implied
powers being granted to Congress by tn,
Constitution. The powers Of sovereignt,
were distributed between the general an,
the State governments. Extensive power
were given in general terms. Altdetaile
and incidental powers were implied in tn
general grant. Some years ago, Congress
had appropriated some money for the re
lief of the inhabitants of Caracas, VIII
had suffered by an earthquake. Their
was no express grant Of authority to appi.
the public money to such purpose;
was by an implied power; the materia
question was on Y when the power SUI
posed to be implied came in conflict wit
, rights reserved to the State governments
He inclined also to think with me, that tn
rules and regulations which Congress wer
authorized to make for the territories, mus
be understood as extending to their inhat
, itants; and he REQUIRED to the history {
! the Northwestern territory, the cesslons b
the several States to the Union, and tn
; controversies concerning this subject, d.
ring our revolutionary war.
E He said he wished the written opinio
e of the members Of the Cabinet, withol
0 discussion, in terms as short as it could b
D expressed, and merely that it might be d(
4 posted in the Department OF State.
/ told him that / should prefer diSpenS;