The Madisonian. (Canton, Miss.) 1850-1855, 1850-04-25

| This is true to a certain extent. That
is, Congress has the right to govern to
the extent of the necessity, but no fur.
her; and this necessity, in my opinion
IS limited by the legislation, necessary
TO preserve the property Of the United
States in the territories, and the estab
lishment of such civil governments as
may invite settlements to be made and
are sufficient to protect the settlers II
the enjoyment Of life, liberty aud pro.
perty during their territorial pupilagt
preparatory io their becoming States
/ thiak beyond this the less powerCon
gress exercises the better; aud this
certainly fills up1he implication arising
from the necessity of the case. The
necessity il the proper Limitation 81
the power, and whenever the necessity
ceases the power also ceases. And ]
presume that no one will contend thar
the prohibition Of slavery is necessary
either to the preservation Of property
or the protection Of the citizen. Ifsn,
the argument drawn from the necessity
of the case falls To the ground, and the
power with it, There are some per-
sons who claim this power to exclude
slavery from the territories under the
Sd section Of the 4th article Of the
constitution, which is in the following
words: That is, the "Congress shall
have power to dispose Of, and make all
needfuirules and regulations for, the
territory or other property belonging
to the United States" Thlsis certain,
ly provision intended for the terrific
RES as property, as it distinctly puts
the territories on the same footing with
other property belonging to the United
States; and only gives to Congress the
power TO make the needful rules and
regulations for its protection and sale;
aud certainly no member Of the cons
vention that framed the constitution
ever could have imagined that a gene
raj and unlimited right of sovereign
Jurisdiction was covered up under this
graut-and that, in addition to this,
il was to influence the relations OF
slave property in all the States OF
the Union. The supposition is not
warranted by the facts Of the case, fol
certainly il will not be cnntended that
the prohibition of slavery Is one of the
needful regulations in disposing of the
land lying in the territories; and no
power is granted but such as was need
ful in reference to the territories as
property.
believe that in some cases the right
of extending slavery prohibition to the
territories is attempted To be derived
from the last clause of the eighth sec
ton of the first article Of the cOnstitu-
tion, which reads as follows :g3e
"Cougress shall have power to make
all laws which shall be necessary and
proper for carrying into execution the
foregoing powers, and all other powers
vested by this constitution in the gov
ernmenL of the United States, or in
any department or officer thereof"
Now, Mr.. Chairman, it will behoove
those who insist that this power is ne
cessary and proper,to ingratL 1t upon
some one Of the expressly granted
powers. This cannot be done as there
is no such grant in the constitution, and
it is absurd to suppose an incident with
out principle, or an effect without a
cause. You might as we'll suppose q
child without a parent. Sir, this claim
Of power may be justly said to be I'll
;as nagias. It is one Of the bastard
progeny, born from constitutional pros
iituuon, and should never be recognized
as legitimate. Whenever power is
claimed without grant, under the plea
of necessity, it ought to be viewed
with suspicion, as this has ever been the
plea ofiyrants. And no snchImplication
arises unless it be indispensabIy neces-
sary to the execution Of some granted
power. If we give any other meaning
than this To the clause now under cam
sideration, the constitution would not
be worth the paper il is written op, 4
Sir, d few days since | was not a lit
tie surprised to hear the great Senator
from Kentucky, (Mr. Clay,) in, the 9TH
er end Of this capitol, assert the mon
strous doctrine that this government
derived it's power over this subject
from Mexico. And he claims that be-
cause Mexico, or the government OF
Mexico. had this power, that, eT neces
state, this government must now have
| il, as we had acquired the country from
Mexico. This Is the first time that |
overheard this government couldderlve
authority from any other source than
our own constitution. + He says MexiS
coFparled with the sovereignty, and that
as it was parted with. il must be vested
in this government, THIS is q mon
sLrous doctrine-one that substitutes