Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-04-27

IL the conclusions winch nave stated De true, luei
every citizen of this District has other tenure for his lille
bery or property but in the will of Congress The snppo
son of such of facts monstrous and would be ab
horrent to every American heart.
II, then, il be conceded, it must be, that the power
Congress in this District is limited would ask in what
that limitation to be found think the natural
be that found in the object and of the grant
These plain the minds OF the trainers OF the consti
tuition, who simply desired to confer upon Congress
in the ten miles square such power would enable
Them freely and without restraint to carry out all the othe
provisions of the constitution in which this particular Provl
sion is contained Can il by any mnd be contendee
that the grant of exclusive legislation in this District in
tended to confer upon Congress any power outside OF thu
constitution The supposition is absurd. The grant was
made simply that Congress and the other Departments nigh
at all times be in situation to perform their duty under and
by virtue of the constitution.
No will have the impotence or folly to contend thai
the abolition of slavery here elsewhere OF the OBJ
jecs of the grant, fit not then it follows necessarily,
that no such power exists in Congress. And think
fortified in this view of the subject by the fifth article OF the
amendments the constitution, which contains the following
clause Nor shall private property be taken for public use
without Just compensation The constitution thus mega.
ves the idea that private properly be taken for other
purpose but for public USE and then upon just compensation
Abolilonsm would take without just compensation, and
for public might follow this subject further but
will refrain by simply saying that satisfied that Con-
gress has neither the right abolish slavery in this District
appropriate the public money to any such purpose
compromising the Of the property for its value
suppose these days of latudnaan construction, it
will not be denied that there 10 limitation of the objects to
which money may be appropriated by Congress.
The next proposition which shall call the attention Of
the COMMITTEES is the question of slavery connected with
Me Territories. This is fearful queson-one which will
and which ought dissolve this Union, if the claims set
by the North are to be insisted upon will ask, sir what
these claims Why, they simply that the free States
shall take for their exclusive and benefit the whole of the
territory owned which hereafter may be owned by
the United Saes-excudng the saveholdng States from all
and treasure of all the Staeswith the resulting
quence that slavery is to be confined to its pesen, limits
and that slave State shall hereafter be permitted
Ter this Union. This would be most iniqutous PROPOSE
on if it had the sanction of the constitution upon its
side but when it is reflected that it is gross violation Of
he constitution it is Of the principles Of honesty
md justice how it be expected that the Southern States
will submit They ought not they cannot they will not
Mr. Chairman, intend speak plainly, because think
ought understand each other will them say that my
mind deliberately made to the conviction that the South
ought not take less than the Missouri compromise with
uch guarantees this Government give that the agitation
If the slavery question shall in reference to this District
Ind in Congress generally, and that the non-savehodng
States shall be required, either by the action of Congress-
he action of their State Legislatures to abide by and execute
hat article of the constitution which makes the duty of
hose States 10 deliver up runaway slaves These questions
, must be settled now, if desire this Union Any
empt defeat the just rights OF the South WILL in my opn-
on certainly destroy this Union that address you
ind he who for the abolition of slavery in this District
the exclusion of the South from just participation in the
may rest assured that if his is consmaed
" legislation, he votes dissolution of the Union
r Chairman, have stated that in my view Of this ques
ion, Congress has power prohibit slavery in the Terri
cries and in support of this position, call those who
lain the power to show any article Of the constitution which
oners it. aver gives such power and if it is not in
he constitution cannot be exercised by Congress- because
he constitution the following very explicit language in
eeence powers The tenth article Of the amendments
o the constitution is in the following words
powers delegated to the United States BY the con-
ttuon, prohibited by it the States the
'tates respectively or to the people" >' ..
This article OF the constitution is esoppe to the exercise
this power unless it arise by implication from of
he express grants Of power This is admitted by aeven
hose who claim the power la this of the argument
met by the allegation that Congress has the right
cque territory by treay and the right Of acquisition must
rom the necessity of the be followed by the right to 60
en. This is true to certain extent that is Congress has
right govern the extent of the necessity but fur
her and this necessity, in my opinion is limited by the eg
necessary preserve the property of the United States in
he Territories, and the establishment Of such civil govern
lents may invite settlements to be made and sufficient
protect the settlers in the enjoyments Of life liberty and
ropery during their territorial puPage preparatory to their
ecomng States think, beyond this the less power Con-
exercises the better and this certainly fills up the mp
alton arising from the necessity Of the The necessity
the proper limitation OF the power, and whenever the
essty the power also And presume that
will contend that the prohibition of slavery is necessary
her to the preservation of the property the protection Of
citizen. If the argument drawn from the necessity Ct
ne falls to the ground and the power with it, There
persons who claim this power to exclude slavery
the Territories under the Sd section Of the 4th article Of
he constitutions which in the following words that is, the
Congress shall have power dispose Of and makes needu
lies and equations for the territory otherpopery belonging
the United Sates This certainly provision intended for
lie Territories property, distinctly puts the Territories
the same footing with other property belonging to the Uni
States and only gives Congress the power to make the
eedfu rules and regulations for its protection and sale and
,rany member of the convention that framed the cons
ion could have imagined that general and unlimited
ght OF sovereign jurisdiction covered under this grant,
nd that in addition to this it was to influence the relations
slave property in all the slave States Of the Union The
opposition is warranted by the facts Of the for
nly il will not be contended that the prohibition Of slavery
Of the needfu regulations in dposng of the land lying
the Ter tories and power is granted but such
eedful in reference to the Territories property.
believe that in this right Of extending slave
prohibition to the Territories attempted be derived
the last clause Of the eighth section Of the first article of
he constitution, which reads as follows
Congress shall have power to make all laws which shall
and proper for carrying into execution the fore
DING powers and all other powers vested this constitution
the Government Oh the United States, any department
II officer thereof" .aN
Now, Mr.. Chsirman it will behoove those who insist that
his power is necessary and proper to ngra it upon some
of the expressly granted powers This cannot be done
there such grant the cntuion and it absurd
10 suppose incident without principle fleet with
out You might well suppose a child without
parent Sir, this claim of power may be Justly aid be
fu nutus. Ii is Of the bastard progeny, born from
prostitution and should be recognised as
legitimate Whenever power claimed without grant, I'M
der the plea Of necessity ought to be viewed with suspicion
this has been the plea Of yrants And such i'm
pcaton arises unless be ndspensaby sary TO the ex
ecuNon Of granted power Ii give any other mean
ing than this the clause the con-
st,u,on would not be worth the paper it is written on