Washington sentinel., 1854-03-09

gress should permit mem 10 taie Helr propert'
into this region, but should prohibit the south
ern planter from taking his property into the
same district?
can trace no such history in the records
this government The district which it is pro
posed to incorporate into the Territories o
Kansas and Nebraska is portion of that re
gion which was purchased from France ane
called the Louisiana purchase. II was paid 10,
out of the common Treasury OF the United
States-the east, the middle, and the southern
States all contributing their just proportion,
with which to effect the purchase. They all
therefore became joint partners, equally enti
tied to enter upon and enjoy these possessions
Well. If the lands were thus acquired by pur
chase, and paid from the common funds of al
the States, for the common benefit of the peo
pie of all. was there any special anteceden,
agreement which modified their use and which
rave the rsople of the free States any exclu
siyc right - monopolize them? No such
agrsemen, s,s. The only agreement exist.
inS l-'t~nw le States, solemnly acknowledge
am 80. = az thcm all, which can CONTROL tn
use aud disposition of these lands, was tn
agreement commonly called the Constitution
the United States. Signed, sealed, and de
hvered, with all due solemnities, on the 18th
September, lTsT.l This is the only agreemen
or understanding TO which reference can b,
made TO ascertain the rights and the privilege
Of the various parties to it. And what doe
this say? II delares:
THAT the citizens of each State shall be en-
titled TO equal rights and immunities with the
citizens of the several States
That was the agreement which controlled
the use and disposition of these lands But
this sacred and inviolable contract was utterl,
disregarded BY the act of 1920. And thi
mere act Of Congress is no,o held to be tn
controlling compact, though overriding anC
nullifying the provisions of the Constitution.
The Constitution is overlooked or disregardeG
by the opponents of this bill, and the act o
1920 is made by them to take its place, and
invested with all the sanctity and irrefragibl
character which properly belongs to that in
strnment alone. The act of 1920 usurps th
prerogatives Of the Constitution; and w.
are now required to recognize, tolerate, and
continue this usurpation.
Mr.. President, the right of Congress to make
laws, excluding slavery from these Territories
know is claimed and defended by virtue OF
that clause Of the third section of the fourth
article of the Constitution which provides that
g Congress shall have power TO make all need
ful rules and regulations respecting the territory
or other property the United States"
But who does not see that if this clause con
fers power to exclude slavery, on the ground
that such exclusion is needful, that on the
same ground, it may be construed to confer
the power to establish one form of religion il
preference to another, or, in fact, to do any
thing which despotic power has ever assumed
to do? Snch constitution would confer un-
limited power, which it will hardly be main
tanned that Congress possesses.
But if Congress is invested with power to
make rules and regulations for the Territories
and other property Of the United States il
seems to me, sir that this power must be exer
cised in subordination to the express articles
the Constitution, and not in violation Of them
Congress may make rules and regulations.
but it seems plain, sir that these rules and
regulations must be controlled by the higher
authority and dignity of the Constitution.
But again: The power actually conferred on
Congress is only power to make needful rules
and regulations for the territory and other
property Of the United States. But the advo-
Gates Of restriction claim, by virtue of this
clause, to make rules and regulations CONTROL.
ing the rights and use of the property of cui-
Gems Of the States, as well as the property Of
the United States The property of the United
States IS one thing; the property of the citizens
composing the United States is quite another
thing. Congress may undoubtedly authorize
and direct sale of the public lands or other
public property of the United States in the
Territories; but it will not be held that Con.
gress can authorize the sale Of the lands Of the
settler. Congress may also order sale of the
worthless ships Of their navy, but could GER
tainly not direct the sale of private mer-
chantman.
This is the distinction between the property
Of the United States and the property of the
citizens Of the United States, fairly applicable
to this section.
But not only do these advocates of prohibi.
tion claim the right under this clause to make
rules and regulations controlling the use Of the
property of the citizens Of the States, but to
control and restrict the property of certain
States, while other property in other States is
left untrammelled and uncontrolled by con-
gressional territorial regulations.
But there is another clause Of the Constitu-
ton, whose general terms may well be held to
qualify or govern the third section to which
have been referring. 1t is this:'
.And nothing in this Constitution shall be SO
construed as 10 prCndice any claims of the United
States or any particular State"
am aware, sir, that this clause has been
the language is general and comprehensive.
l ask then, whether restriction upor the
removal Of the property Of citizens of any one
State to Territory, the common property o.
all the States, does not, in the language of this
clause, "prejudice" the claims Of those who
are thus excluded? Why, sir, it not only pre-
judices their claims to the common use and
occupation Of the Territories, but it nullifes
and extinguishes them. 1t is, indeed, prohi
bition upon the prosecution Of their claims.
Mr.. President, this bill conflicts, it is true
with the act Of ls20-nay, repeals t-and it is
said, therefore, in SO doing violates a sacred
compact. But, sir, / deny that this act O
Congress is compact. 1t is a mere act o
general legislation, and does not, in my opinion
by any means partake as much of the nature
Of compact as an act Of Congress establishing
a protective tariff; for, under It's inducements
millions of capital are diverted from one pur
suit and invested in another. And yet, who
ever heard q tariff act called sacred compact
oyerrnlinp the plain provisions of the Constitu