The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-22

ton This was true IN l79S, when Congress
restrained the liberty of the press 1t was so
in 1920, when Congress assumed the power
over slavery in the territory of Missouri 1t
was so in 1928, the days Of utilization, when
Congress claimed the power to tax one portion
of the people of the Union for the benefit Of
another, by means of protective tariff, "a tariff
for protection merely" 1t is so now, when Con-
gross is attempting to control the subject of sla-
very in the territories E
Every member, before he was permitted to
enter upon the discharge of his duties here, was
required and did take an oath to support the
Constitution Now, sir, under this oath how are
the members from the various sections OF the
Union to vote upon this important question Of
slavery in the Territories?
: A majority Of the Southern Wings will say
that tho Constitution confers no powers upon
Congress to legslate upon the subject OF slavery
other than those specially enumerated !; that this
grant Of power was made for the benefit of the
-xrantors-the people and the States-and that it
must be strictly construed A true Democrat
will tell you thatit has ever been fundamental
principle OF his party, that Congress has no pow
ers but snch as are plainly given by the Consti-
tuition; that it was upon that principle that his
political ancestors commended with the elder
Adams and defeated him; that it was upon the
same principle his party resisted the efforts of
the North to defeat the admission of Missouri !;
and that it is upon this principle that his party
has ever opposed sstariif for protection;" and
that it was upon this principle that Andrew Jack
son fought and vanquished the United States
bank and that upon the same time-honored prin-
ciple he will now vote against the present as
sumption, this wicked misunderstanding effort to
exclude the South from share OF the newly
acquired territories. Sir, if there is any conss-
tency in men, it is easy to know how the real
Democrats will vote upon this measure. They
will oppose it by every means in their power
To these two classes, then, | have little to say.
But there are others here to whom much
may be said. How will the Northern Demo-
Gratis vote? Just here, take pleasure in quo
ting from the speech OF my honorable colleague,
Mr.. WILLIAMS He says:
81 have heard several members from the other
(the Democratc) side of the House declare their
willingness to trample under foot the Wimot Pro-
vlso, and so to quiet the public mind; and | am
also informed, from reliable source, that there
are twenty Democrats, members from free States,
willing to risk their popularity, and settle the
question, and on terms demanded by the South
two years ago. | honor them, both for their
patriotism and their courage. II has been my
boast that had ever belonged to the great conser-
vative patty of the Union--to the Wing party.
1t is mortfying fact to me, that up to this hour,
no Wing In the House of Representatives has yet
avowed, IN his place, his determination to follow
the self-sacrihcing example that has been set on
the other side"
Now, Mr.. Chairman the remark of this gem
tlenan is still true-no Northern Wing iii this
House has yet avowed himself as being ready
to give the South any portion of the newly
acquired territories Upon what principle does
this party--the Northern Whigs-construe the
CONSTITUTIONS This ~ rar,,1iofa tl,a III
republican doctrine of strict construction, and
have always labored to enlarge the powers of
the General Government, by every means upon
this ground they have ever acted--upon it they
sustained the alien laws of John Adams, they
opposed the admission of Missouri, they 60 for
protection, they advocated the charter of a
United States bank-and upon the same princi-
pie they now insist upon their power to exclude
slavery from the territories. These gentlemen
are the only ones who can consistently support
the proviso. To such men il is useless to argue
the constitutional objection they have been so
long accustomed to construe that instrument to
suit their own ideas of expediency, that it is
labor lost to attempt to change their views
upon this point; and we, as last resort, must
seek to convince them that their proposed re-
striction is inexpedent. Unless we should sue
coed in this, they will vote for it, be the conse-
quence ever so disastrous. So far, then, we
we have only the Northern Wing party for this
measure of exclusion against the South, and the
Democratic party and the Southern Wings
against it. But sir, there is another class of
men here who unite with the Northern Wings
IN supporting this measure-a class, toe, which
has to repudiate the great principle upon which
they claim distinc tive political existence, and
do this to enable them to associate and affiliate
with party which they have ever denounced
and still denounce as old Federalists,- and now,
sir they are contradcting all that they have ever
said, and putting the seal of condemnation upon
all their protestations. | say this not by way
OF irritating or woundng the feelings of gen.
tlemen, but because they are sober truths.
But, sir, is it true that the Constitution of the
United States vests no power in Congress to
exclude slavery from the Territories Mr. Mad
ison, in his letter to Mr.. Monroe of the Odd Of
February, 1920, speaking of "whether terri
torial restriction be an assumption of legitimate
power" says" for myself / must own that /
hare alcayS leaned to the belief that the restric-
ton was not within the true scope of the Con-
stitution." We viii not rely simply upon the
opinions of men--we will refer to the Constitu-
ton itself, and here if such power exists surely
its friends can point it out. 1t is remarkable
fact, that it is rare that you hear Northern man
refer to the Constitution upon this subject. A
power is claimed by them, under the Constitu-
ton; it is denied by the South: and those who
claim it seldom refer to that instrument and
more seldom agree as to what part contains the
grant. One will have it that the power to de-
clare war and to make treaties, must extend to
the government of the territories that may be
acquired by their means; and to govern, they
maintain, gives authority to exclude slavery. |
Another will have it that the clause authorizing
the Congress to make all needful rules and
regulations respecting the territories and other
property of the United States" gives the power
whilst quite number place it upon the ground
of precedent, and say that it has been done and
in, and should therefore be done
again. Others say that the power results from
the whole instrument taken together. These
are all the grounds remember to have heard
claimed. Let us consider them severally, and
see what they avail. 1t is principle generally
that where a country is gained by con-
quest or by purchase, the sovereignty of the ac-
quired country is merged in the sovereignty Of