The daily union., 1854-03-01

ance will say however, few words, In consequence
which the senator asserted he had established his position
beyond doubt How has he established il Why, he
has established by loose and general references and I'M
pcaons He supposes the power OF acquisition to m
cude the power OF government This is ssq~itsr.
We NAV organize governments without the least neces-
sty for regulating the internal affairs OF the people
Those should be left to themselves When you acquire
territory there is moral necessity for the organization
Of government That you may do matter OF neces.
sy But there the necessity and your power stops, and
from that point the right OF the people 70 exercise the
power of self government commences The two powers
Of external organization and OF internal regulation are as
different as two political principles can be. and be wno
does not understand the difference, does not understand
the doctrine OF fathers. and their separation IRON
Now, Mr. President, will ask any senator here to put
his finger upon that clause the constitution which gives
Congress the power regulate The inter nal affairs OF the
Territories. You cannot find any thing like il from the
beginning 10 the end q ,ha instrument You hnd the
other property belonging to the United States" but what
has the Supreme Court said about that provisions That
the word terrioy in ihatpa OF the constitution means
land and the power is, olher Words the power to reg
ulae and dispose OF the public lands and ask any man
il that includes the power OF political jurisdiction the
power OF life and DEATH all the inhabitants living
here The power dispose of the land. upon the con-
sruction OF the senator political jurisdiction over
all the OF life, and all that makes life desirable
the right 10 sell land gives the right TO sell the people into
slavery. Never under the government Of Turkey OF
Russia was such power conveyed IN such language
The senator says that Judge Marshall SO decided. he
senator quotes Judge Marshalls WORDS and most singu
lar they showing great doubts upon the subject
and any candid man on examination will say go What
does he say in the very words which have been quoted
Why that whatever be the foundation OF the power,
the United States unquesonably possess IT, Is that in
the usual manner OF that clear sighted and
when he saw the subject before him without doubt
No; in fact abandons the question OF right, as not to
be maintained and places the exercise OF power upon pos
session only And the senator repeats the same view,
and says, matter where The power came from, the
United States have got it, Is il no matter, in this gov
eminent OF Limited power where Congress gets Its au-
thority Has Congress nothing to do but TO exercise
any powers which it may lay its hands upon, and then
justify the possession by the usurpation That certainly
s most reprehensble and dangerous doctrine. must
again say, however, that could understand how
the cour-after determining tha, the word errtory in
the clause giving Congress power 10 make all needful
rules and regulations in the territory, and other property
of the United Sa,es meant "land," and that il only
power to regulate lands-could decide that this gov
srnmen had full power Of life and death over the peo-
pie Of the Territories.
whom he referred, dead and living judges legislators,
and many other characters. What kind OF an argument
is thati ] acknowledge the value OF precedents; am
not bound by them, indeed, but acknowledge them
reasonable evidence OF the proper meaning of the con-
sttuon but is that any reason why should not exam
inc their truth and foundations In government like
iative than any other, for we have always our great
charter 10 fall back upon The senator has yet 10 learn
OF the main principles OF the democratic faith, and
that is, that precedent supersedes the constitution
The repeated decisions in favor OF the right to establish
bank do not weigh straw with the democratic party
and they reject the doctrine and The usurpation sub
nit with all possible resignation, 10 this solemn arTagn-
ment, repeated often BY the SENATOR and which he
seemed to consider kind OF death stroke.
With respect 10 this question ofjursdicon. Mr. Madi-
son said that The Congress of the confederation which
exercised similar power, did il without shadow OF
authority. He examined The poin and decided that its
exercise was Unconstitutional think the senator had
better include him in his formal arragnmen as he has
attacked me for following humbly in his footsteps.
As TO the general question OF jurisdiction, how does
this question stand One gentleman gets up and con-
tends that Congress have tue power, because they
soveregn another, because they may make acquisitions
and then must govern them; third, because they
owners, and 10 the end Of the chapter. There
are, in fact less than twelve reasons which have
been given in favor OF this power and under what kind
OF government is II that this authority is thus claimed
Under government OF limited powers-of powers which
cannot be executed unless you find them in the consu
lion expressly by necessary mplcalion yet hear
gentlemen saying here that the United States
reign, and therefore may govern the Territories Put
your finger, repeat, the clause OF the constitution
which gives the power. That is the place TO find ito
the law and TO the testimony. But you cannot fnd il
there You may be sovereign or subordinate, dependent
independents and these considerations not worth
cent in such inquiry as this The constitution alone
is your guide and should be your rule The honorable
senator from New York [Mr, SEWARD he other day
committed the same error IN maintaining that, because
under certain circumstances, you may establish govern
ment for Territory, you may do everything; sou may
usurp jurisdiction all Their internal concsTns How
easy does power seek 10 extend Itself for just said
the British government 10 our fathers
They declared 'ihat bis Majesty IN Parliament has
the right by statute TO bind the colonies in all
Whatsoever" And what said the pa,riarchs OF the
luton this iyrannca edlcti ''You have no such right
We grant you the right OF regulating exterior
Germs but when you cometo our homes 10 touch do
meEtc concerns, we deny your right, and will resist
youn And they did, And | tell the senator from In
diana alter all he has said that Congress has gone
TO that length Congress has regulated The exterior re.
latons OF ihe Territories; and you will observe that
when you pui this power the only true foundation,
the foundation which Mr. Madison put The action OF
the Congress oil the coBiederalion-as matter OF neces.
sy arising under the crcnmslances-you bound TO
60 further than the necessity requires. That is the
rae doctrine Does necessity require 10 regulate the
domestic concerns Of the Territories No, sir and the
besi evidence is that you have done but in
instance Tie only OF direct in,ermeddng with the
internal concerns o Territory by Congress has beer
in regard TO the institution OF slavery
do not speak Of The outlines for their government.
Men may well differ 10 whether a Territory should
have three or four judges, bow long they shall hold
hef tsrns of Office, ehs be voters or on many other
similar questions. willingly admit that may differ
as 70 how lar sou may 20 IN the execution of ycur
sary power, or 10 what extent you shall be limited.
perhaps should differ from iEany on This question; but
there point beyond which you cannot pass beyond
which yon have constitutional, no moral, no legal
night 10 pass and that u. when you The houses OF
the people OF lbe Territories and touch their domestic al
iars and their fresides There you have right go
You have constitutional power TO 60 there, and you
are forbidden by the laws OF God This right OF self
government is naenabe right OF the people, conse-
Grated by the blood OF fathers and hallowed by the
affection OF their Sir you carno interfere with H.
nor nybody else This is the error of the senator
from Indiana That because some power il necessary,
therefore all power may be exercised And his defence
of this docriactha there is danger oil the power be-
ing abusedis eonsdcled by all human experience and
A. IL .cMxr n.