The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-21

u
with regard to tina, territory which have in my minds
eye out OF which Alabama and Mississippi Were consti
luted Sales afterwards that territory was within The
boundanes OF the United States. There were conflicting
claims. and all the claims that territory conveyed
10 the United States. South Carolina conveyed first
Georgia afterwards The resolution OF South Carolina
authorizing a conveyance in the month OF March,
1857 The deed of cesson OF South Carolina the
sth OF August 1887, before the formation OF the consl
tution AND now, whether the true title was derived
under South Carolina. under Georgia. they were both
OF them slave States and the character OF the terri
tory was the same; and when territorial government
was organized, covering iha. portion OF the terri
tory OF the United States, II was organized as slave
territory, and admitted afterwards as slave territory.
without any intervention on the part Of Congress
Tor the purpose OF changing It's character Upon these
facts OF history know the senator from Ohio and myself
cannot differ challenge him or any other senator TO
produce act OF Congress- under the constitution in the
organization OF Territory, or in the admission OF State,
until the year lS2O by which the character OF territory
changed from savehoding TO non saveholdng, or
from saveboding 10 savehoding II was the prncl
pie oil no-nierven0n which Congress adopted and that
principle carried out during the first thirty years OF
the government, and until the generation upon the stage
when the constitution was adopted, the men who by
their votes adopted it, had passed away. KNOW sir,
that in these facts OF the legislative history oil the couR-
Try am no, mistaken; and If the honorable senator IRON
Ohio applied his proposition as TO the early pocy OF the
country to period anterior to the formation OF the con-
silution, which seems he did, should nave no occa-
sion to say anything upon that SUBJECT because II has
nothing to do with the policy of this government under
the constitution conne myself to the policy of the
government since the adoption OF the constitutions Tor by
that constitution policy instituted and the
constitution never could have been adopted, II never
would have been considered by half the States OF this
Union, If any principle of Intervention had been carried
into it. repeat, sir that If the principle Of intervention
with this institution had been carried into the constlu
ton, would have been adopted and this govern
ment never would have been established
Sir, this principle of noD-inervention is one of the
leading principles of the constitution. II is legitimate
inference from the general arrangement powers be-
tween The States and the federal government The pow
es conferred the federal government are OF general
Law
iormity of legislation for the whole county, not OF do
mestc nature, where the law must neess be different IN
different places and always aaapea 70 Inc peculiar con-
currency, naturalization and bankruptcy, the protection
oil authors and inventors post offices and postroads TEL
ones and piraces the high seas offences against the
laws OF nations-all these require general laws, uniform
laws OF general character, and they are therefore, as
signed to the federal Look into the enumera-
ton of powers, and you will find there all powers of
general character, requiring uniformity OF legislation TO-.
the whole country assigned 10 the federal government
that the federal government might establish uniform and
universal laws, applicable the whole country On the
other hand the local. internal, domestic affairs OF
ticular mmunities require laws of limited extent and
loca adaptation and hence the law OF personal rights
and the laws OF private property all varying as the peo
pie vary as the locality yares are reserved 70 the local
legislatures. Now. sir, ask how is possible Tor any
10 suppose that when there IS no express grant OF me
power of Intervention this subject to be found IN the
constitution, when one-haf OF the States were pursuing
system OF domestic policy and the other hall OF the
when one of ibe Territories was subject 10 one Of these
systems and the other Territory to the opposite system
and this domestic policy touch the very framework OF
socieyhow is il possible for any to suppose that
these sovereign States. setting up the new govern
men intended TO confer upon any Jurisdiction what
ever this VITAL local, domestic difficult and danger
| GUS question!
The rule of strict construction. sr-,he rule which
denies the OF powers unless expressly graned
or necessarily implied-whch vindcates and maintains
the reserved rights OF the States and of the people
which repudiates the exercise OF doubtful constitutional
power--will, II applied TO the territorial clause oi the
constitution, show the exceeding slight and narrow basis
on which the assumed right OF intervention is generally
supposed 10 rest The clause, sir, is one that has ex-
haused the ability and eloqnence OF the honorable and
distinguished senator from Michigan, Mr.. CAss
1.-THE Congress shall have power dispose Of and make
all needul rules and regulations respecting, the territory
| or other property belonging 10 the United States
Territory or otbes property belonging 10 The United
States Nothing is here spoken OF which is not strictly
property which does not belong TO the United States
other words the subject property and property only,
and limited to that which belongs TO the United States
The only power granted. therefore, TO make all need
ful rules and regulations respecting this properly Now,
sir upon the principle Of strict constructions can be said
that law respecting the domestic relations IS law re-
specing and--a rule, regulation respecting iapd W.
ii The government has pared with the lands, and citizens
of the United States have become the owners upon the
principle Of strict construction, s law respecting these
lands and their new owners law respeeung ,e,n'ofy
or other property belonging TO the United Staesf O, "
the whole territory has passed into The hands OF individual
occupants and the government has ceased to own loot
Of land or article OF property within It's lints IS law
yindcaied on the ground that respects territory on
other properly belonging TO the United States Oi what
use or value the rule OF suct construction u IL may mol
be invoked when attempt made 10 stretch the pow
era of This government against the letter aud against The
sp of the constitutions and then TO make use oil those
powers thus enlarged, inevitably TO endangeF OF
subyert The constitution, and the government itself
The express grant Of The power 10 exercise exclusive
legislation over the District ol Columbia and over places
purchased or the erection OF forts, magazines, aIsenals
dock Yards and other neediul buildings, with the
sent OF The States 10 which they are situated furnishes
lhe most decisive proof that such power was intend
ed 10 bg granted in the Territories The fact that is
ganted In one case and ia withheld 10 the Other H. upon
every principle OF sound construction, entirely coDcssive
TIE right legislate upon The subject OF the domestic
institutions OF African slavery ~ one oil The reserved
rights OF the Slaes Of the people II was not grant
ed 10 The federal government by the constitutions nor pro-
hbted BY to the Sates, aud s. therefore, reserved 70
the States respectively, TO the people. There Is nc
grant OF any such power 10 be found IN the constitution
You find express grant, and you find none from which
could be INFERRED unless il be that oil the treaty maklsg
mower, which shall presently consider. You canno
clause which il is generally referred BY It's advocates
Here, then, is Territory and when the Territory IL
organized as State, the right egslaie this do
meslic institution is reserved right OF the people OF the
State II IL lbe reserved right which belongs TO the
people o every State vested in them 40 oreiae whether
active dormant, still in ihem never out OF bem; no.
granted away, and then econveyed 10 them ~ act o
Congress, but inherent, ungranted, sovereign rght o
the people, ready to be exercised by them when organ
lied under government so as to exert The in leasla
tive power have the right OF self defence, and though
may not have the power 10 exercise H. The right - ~
me have the right 10 be exempt fIom unjust deiracuon
l. Ll.t uitI aftuh