The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-23


ception Of slaves Had federal authority then existed to
prohibit directly and totally the importation from abroad
be doubted that would have been exerted and a
regulation having merely the effect OF preventing the m
terror disposition Of slaves actually IN the United states anu
creating distinction among the states in the a. aegsshs gssshao
thought orr
Ii was therefore, according TO the opinion OF this emil
nent man. rather against the importation OF slaves iro
abroad than against the Hnerior disposition OF them
within the United States that this ordinance was aimed
and the fact well known that the sixth section OF the ord
nance was practically dsregarded IN that Territory anu
that slaves were held In Indiana and Illinois late down
as the year 840 exhibited by the census OF that year.
striking evidence that the view presented by Mr. Mad
that received the time and is the true ntepr
taon of that instrument The Missouri restriction then
stands out before the country the first act in which the
Congress of the United States fogetul of the specific lin
iaon upon its powers made itself party TO that great
abolition policy which then agtating the British mind,
and when under the influence of an excited popular ana
cism it sought to sustain that policy BY inicng an I'M
medicabe wound upon the constitution OF the country
From the adoption OF the nterdict contained In the act
of March, 1920 TO the present hour the people OF the
II would be more appropriate IN me % say
the people OF Virginahaye ceased TO regard as
exercise of legislative authority not warranted by the
language spirit of the constitutions assuming to pre-
scribe for the people and States north Of 36 deg 30 min
what upon every sound and just principle they should
be left TO determine for tbemseyes as violation OF the
rights guaranteed to the inhabitants of that Territory by
the treaty of 1905 and as unkindy and ungenerously
combining with the hostile spirit of Great Britain and
raging the moral power and influence OF this government
to against institution in reference to which the
few specified cases and those only for its protection and
preservation The sentiment felt by Virginia. as one OF the
States of this Union at this extraordinary assumption OF
power may be in the resolutions OF her general as
semby in the recorded votes OF her senators and repre-
sentave in Congress in the indignant tone OF her pub
lie press and in the solemn declarations of her most emf
and lustious sonso all which look back with the
highest appreciation and pleasure
= This Missouri question by geographical line Of di-
vision said Mr. Jefferson, is the most portentous one
that have ever contemplated" H
"That the proposed restriction Territories which
are to be admitted into the Union said Mr. Monroe II
not in direct violation of the constitution is repgnant 70
its principles"
II must own" said Mr. Madison, that ! have always
leaned to the belief that the restriction not within the
true scope Of the constitution
and sir who look back the exercise OF this power
with the lights which subsequent events have cast upon IT.
that will not concur with these eminent men, that II has
been unfortunate in its results as II was unconstitutional
in principle? When say that the act OF Congress, ex-
cludng by its provisions onehaf of the States OF this
Union from the benefits Of the full enjoyment of common
inheritance purchased by the blood the money Of all
and assuming to egsate upon question OF pure domestic
policy is unconstitutional what do mean2 Is i that the
act is in violation OF any express prohibition touching mat
subject and contained in that Instrument Certainly not
For, the constitution is itself silent as TO any ii-
ture acquisitions Of territory ii OF course lays down
rule to the terms upon which that territory, II
acquired shall be governed its benefits parttontd
among the States. The acquisition OF territory was,
by Mr. Jefferson, regarded act beyond the consti-
tuition 1t is OF those events which, III the career OF
la great government win sometimes arise unforeseen by
its founders and which, overriding all the scrples Of tech
nica minda will commend itself by its absolute benefits or
political necessity Such have been the acquisitions OF
Louisiana Florida Texas California, and New Mexico and
upon such reasoning have they been defended And yet
in the absence OF express grant to acquire territory we
have gone under the impulse Of high and rresst
bile destiny TO rival in extent the empire OF Rome In less
than half century, have spread domnions from
ocean TO ocean until we now comprehend within our Inn
its than three millions Of square miles This right TO
add provinces and republics 10 original area has been
since vindeaed by the highest law tribunal incident
to the war and treaty-making power BE It If the
he pf he
granted powers il is Of the very essence Of all such mpl
cations that they shall carry with them nothing repugnant
to any Of the express rights secured by that instrument
still less shall they be repugnant the great object for
which il framed Equality, perfect equality, amongst
the States and amongst all the people composing the uni
ted States Is the great cardinal and fundamental principle
of system; and every which mpars that equality
is in violation Of its ordinances aud rcpugnant TO its spirit
Besides there is not express Tower conferred by the con-
suon touching the subject Of slavery that is not for
its protection IL h in truth, the only property expressly
recognised asd protected by that instrument As my
friend from North Carolina said few days ago, II is
phatcally prosayery constitution and Is because IL
SUCH that has been made the object Of such ceess and
vindicve assaults by the abolition orators and presses
throughout the country, No subject was more fully con-
dored by the federal convention than this subject Of sa
very. here quote from document emanating from the
general assembly of Virginia in ls49:
ts existence and ts influence upon the dcstny Of
such portions Of the coniederacy likely retain II
permanent portion Of their policy discussed with the
fullest and most mature debe alton. The opposing interests
Of North and South brought in full array and af
ter Of consideration and debate by the wise Illus
rous men who composed that assembly after great and mu
ua concessions made all sde for the public good their
abors this subject resulted
ls In the distinct recognition of its validity in all the
States where the people Of those choose retain IT,
2dly. In solemn guarantee in the constitution to
force the rights Of the Of slaves in all the States of
the Union into which they might make their and
3dy. In according to the slave population representa-
tive weight In the federal councils"
II thus became fundamental element in The structure Of
the government Political power claimed and
corded TO then existing and thereafter increasing slave
population Under the operation Of this feature in the
constitution, have a this time twenty members Of the
House Of Representatives and occasion enjoy
ed the advantage Of twenty votes In the college for the
election OF President and Vice President Of the United
States Entering into the constitution of the legislative
and executive departments Of tho government Il agent
every law and in every act Of the government In the
language Of eminent judge OF the federal Of the
State of Pennsylvania
Slavery is the conversions OF the consultation The
foundations Of the laid and the rights
Of property In slaves and the whole structure must m
disturbing the "-Opinon Of Judge Balda ~
ne ca'o of johnson ". To~pkn', Bald p 5o7
Such being the case what right has the government Of
the United States which u bat the creature and agent Of
the States formed for the purpose Of carrying into effect
the joint will Of oil the States expressed in that
pnct-what right he implied in such an agency 10
stgmaze by its nterdcs institution which enters so
largely into the Of the government 10 war against
II evil 10 exhibit IL before the world as an object
Of national reproaoh You must first destroy that CON
sttuton which you have support you must 6rst
It's foundations the work of Washington and Mad-
SON. and reconstruct upon its ruins other materials
before you reach any such conclusions do moi ques
ton the right Of any State carry within ts limits
any State policy matter how harsh destructive o
the institution of slavery with the people OF tho STATES