Washington sentinel., 1854-03-01
which think will explain and reconcile these
| difficulties which have been raised with regard


difficulties which have been raised with regard
to the power of Congress over the Terr tories,
| and without the limits of the States. 1t is
| this: That, in implying all powers necessary
and proper TO carry out the granted power,
you imply, by one rule in the States, and by
another in the Territories the States by
far stricter rule, because the powers not ex-
ercised by the general government can be ex-
ercised by the States, and it is constitutional
provided that grants shall be construed strict
ly as against the grantor. But in regard to
| the jurisdiction of Congress upon the high seas
and in the Territories, in implying what
powers are necessary or proper, in order to
| carry out the granted powers, it would be pro-
| per to apply much more liberal rule OF con-
struction than should be applied in the States
| Thus we see that this government constantly
exercises, by implication, jurisdiction over
persons and things upon the high seas, that it
cannot exercise in the States But upon this
power there are mutations it is not, as has
been said, absolute anywhere, either upon the
| high seas or in the territories. The limitation
| is, that Congress can do nothing that the Con-
stiution forbids it to do; it can do nothing that
lnterferes with the equal rights of the States.
| 1t could not, for instance, say that upon the
high seas it would protect the property of the
non-slaveholding States, but would not protect
| that of the slaveholding States; or thatit would
protect the coal and iron of Pennsylvania, and
| not the product Of slave labor-the cotton,
| sugar, or rice of the SOUTH or indeed, its pro-
perty of any kind or description. Nor could it,
nnder the pretence Of exercising powers in the
Territories, or upon the high seas, so use them
as to do indirectly within the States what it
would not and could not do directly. II could
not in the Territories, even if there had been
no positive provision in the Constitution as to
| IL nd 1,t,ao haiof, mn n fha
United States, it could not have laid duties
within the States and not in the Territories;
because to have done so would have Interfered
with the equal rights Of the States in distri-
buting the benefits of commerce unequally
amongst them. Nor could it, under pretence
of legislating in the Territories exercise impor-
tant municipal power within the State, as it
would do if it were to exercise, through the
Territories, power which was designed to AT.
ricanize the old slave States by indirect means.
And this it would do if it should say that the
slave-owner should not settle in the Territories
of the United States, and at the same time hold
out every inducement, in the shape of land
bounties, to entice the master to remove and
leave his slaves behind him. Mr.. President,
are there not persons who act with direct re-
ference to this end and, if so. what greater
violence could be done to the spirit of the Con-
stitution, and the fundamental conditions of
the compact?
But it has been often said by those who ad-
NIT that Congress has the power of governing
the Territories, that it is power to be exer-
csed, not in reference to the rights OF the
States, but in reference to. the good and well
fare of the people Of the Territories. Now, it
in exercising this power we are to be confined
to the single consideration of the good and wei
fare of the Territories, then ! say the whole
| subject of the government ought TO be LETT to
| the people of the Territories. That is the true
| American principle If the only consideration
which is to apply to their government be the
| good and welfare of the people of the Terrific
ries, then they ought to determine all questions
| in regard to their domestic institutions and
| laws But in my opinion the government OF
these Territories ought to be administered with
the double object of securing the rights OF the
States as well as those of the people of the Ter
ritories, and to these last should be given all
the rights of fselfgovernment, which are consis-
tent with the limitation that they shall not in
terfere with the equal rights of the States or
violate the provisions of the Constitution.
With those limitations all the power that could
possibly be given to the people OF the Territory
ought to be given them All that portion of
the power which is to be exercised with a view
to their interests ought to be exercised as they
wish it. That in my opinion, is the true
principle.
/ know we have most high, distinguished,
and respectable authority for the opinion that
the people of the Territories have sort Of nat
ural right to exercise all power within those
Territories 1t is not my purpose to raise All
issue upon that question. | do not mean to
argue it. do not wish to raise an issue with
the friends Of this bill, with those whom am
assisting, and who are assisting me to pass this
measure. Nor will do it unless it should be
absolutely NECESSARY, which is not now the case.
For happily the bill is SO framed that it can be
maintained not only by those who entertain
such opinions as l have referred to, but by
those also who entertain opinions like my own
The bill provides that the legislatures OF
these Territories shall have power to legislate
over all rightful subjects of legislation, con-
sistently with the Constitution. And if they
should assume powers which are thought to be
inconsistent with the Constitution, the courts
will decide that question, whenever it may be
raised. There isa difference ofopinion amongst
the friends Of this measure, as to the extent OF
the limits which the Constitution imposes upon
the territorial legislatures. This bill proposes
to leave these differences to the decision OF the
courts. To that tribunal am willing to leave
this decision, as it was once before proposed TO
be left, by the celebrated compromise of the
senator from Delaware, Mr.. CLAYTON: a mea-
sure WHICH, dCCoruilS w uhuSAsci
was the best compromise which was offered
upon this subject Of slavery. ! say, then, that
I am willing to leave this point, upon which
the friends Of the bill are at difference, to the
decision of the courts.
l pass, then, from that branch of the subject.
l did not desire to allude to it, and would not
have done so, except to save my own consls
tency, except to reserve point wnlcn, IN my
opinion, is necessary to sound construction
of the Constitution of the country. So far, Mr..
president. have been engaged in the effort to.
nroye that legislative exclusion Of the slave
holder from the right to settle in the Territories
OF the United States violates the Constitution,
because it disturbs the equality OF the States.
| have also endeavored to show, that, If Con
yress can feel itself to be justified IN disregard
,ns the rights Of the States upon the pretence
Of legislating for the good of the. Territories
alone, then this question, as to their own In.
st;tutions. ought to be left to the people OF