The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-03-02

al territory, is now exalted as a national
institution, and all our broad domain is
threatened by its blighting shadow. +,
Thus much for what have to say, at
this time, of the original policy, conse-
Grated by the lives, opinions, and acts OF
our Fathers. Summoning to my side
the majestic forms of these civil heroes,
whose irmness in council was only
equalled by the frmness of Washington
in war, might leave the cause in their
care. But certain reasons are adduced
for the proposed departure from their
great example, and, though these seem of
little validity, yet would not pass them
in silence.
The Prohibition of Slavery in the Terri
tories is assailed, as beyond the power OF
Congress, and an Infringement of the 10
cal sovereignty. On this account it lie,
at this late day, pronounced unconstitu-
tional. Now, without considering mi
nutely the sources from which the power
of Congress over the national domain is
derived-whether from the express grant
in the Constitution to make rules and
regulations for the government Of the
Territory, or from the power, necessarily
implied, to govern territory acquired by
conquest or purchase-it seems to me
impossible to deny its existence, without
invalidating large portion of the legisla-
ton of the country, from the adoption of
the Constitution down to the present day.
This power was asserted before the Con-
stitution. 1t was not denied or prohibited
by the Constitution ITSELF 1t has been
exercised from the first existence Of the
Government, and has been recognised by
its three departments-the Executive, the
Legislative, and the Judicial. Precedents
of every kind are thick in its support. In
deed, the very bill now before US, assumes
a control of the territory clearly inconsis-
tent with those principles of sovereignty,
which are said to be violated by Con-
gressional prohibition Of Slavery.
Here are provisions, determining the
main features in the aovernment-the
distribution of powers in the Executive,
the Legislative, and Judicial departments,
and the manner in which they shall be
respectively notwithstanding to the
President, with the consent of the Senate,
the appointment Of the governor, the sec
rotary, and the Judges, and to the people
the election Of the MISUNDERSTANDING
the qualifications of voters, the salaries of
the public officers, and the daily compen-
sation of the members of the Legislature.
Surely, if Congress may establish these
provisions, without any interference with
the rights of territorial sovereignty, it is
absurd to say that it may not also prohibit
Slavery.
But there is in the very bill an express
prohibition On the Territory, borrowed
from the Ordinance of 1887, and repeated
in every act organizing Territory, or even
a new State. down to the present time,
wherein it is expressly declared, that :" no
tax shall be imposed upon the property of
the United States" Now, here is a clear
and unquestionable restraint upon the
sovereignty of Territories and States.
The public lands of the United States,
situated within an organized Territory or
State, cannot be regarded as the i'sfru-
ments and means necessary and proper to
execute the sovereign powers of the ma
ton, like Notifications, arsenals, and navy
yards. They are strictly in the nature of
private property of the nation, and as such,
unless exempted by the foregoing prohibi-
ton, would clearly be within the field of
local taxation, liable, like the lands of
other proprietors, to all customary bur-
dens and Incidents Mr.. Justice Wood
bury has declared, in well-considered
judgment, that "where the United States
own land situated within the limits of par
ticular States, and over which they have
no cession of jurisdiction, for objects Ell
Their special or general, little doubt exists
that the rights and remedies in relation to
it are usually the same as apply to other
landholders within the States. * United
States u.s., Woodbury. and Minot, p. rs. }
assume, then, that without this prohibit
ton these lands would be liable to taxa
ton. Does any one question this' No.
body. The conclusion then follows, that
by this prohibition you propose to deprive
the present Territory, as you have deprived
other Territories-aye, and States-of an
essential portion of its sovereignty.
The Supreme Court ofthe United States
have given great prominence to the sover-
eign right oftaxation i'll the States. In the
case of Providence Bank Us. Pittman, 4
Peters, 514, they declare f
portance; that 1t is essential to the existence o.
Government; that the REIMBURSEMENT Of such
power is never TO be assumed :"
And again, i'm the case Of Dobbins Us.
Commissioners of Erie County, Is Peters,
447, they say n
Taxation is a sacred right, essential to tn.
existence of Gorernment-dn incident Of sope-
reignty. The right of legislation is co-exten-
sive with the incident, TO attach it upon al
persons and property within the jurisdiction OF
the State"
Now, call upon Senators to remark
that this sacred right said to be essential
to the very existence of Government, is
abridged in the bill now before us.
For myself do not doubt the power OF
Congress to fasten this restriction upon
the Territory, and afterwards upon the
State, as has been always done but an
at a loss to see on what grounds this car
be placed, which will not also support the
prohibition of slavery. The former is ar
unquestionable Infringement Of sovereign
ty, as declared by our Supreme Court, fa
more than can be asserted of the latter.
am unwilling to admit, sir, that thu
prohibition of slavery in the Territories i
in any Just sense an Infringement of the
local sovereignty. Slavery is an infractior
of the immutable law of nature, and, a
such, cannot be considered a natural Incl
dent to any sovereignty, especially in
county which has solemnly declared, il
its Declaration of independence, the in