The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-20

That this Territory il 10 be constituted after proper
probationary tests into State or States Of the Union
Now, sir, what is State Vattel says;
"a State is body polite society Of united together
their mutual safety and advantage BY Of
their union"
What l. State under system of government II il
territory inhabited BY people living under govern
ment formed by themselves which possesses
in republican form, all the legislative Judicial and exec
uve powers necessary the protection Of the lives ber
ties characters and properties Of lis citizens or which
can exercise for their benefit and have moi delegated 10 the
general government for the common defence ana general
welfare Onion composed Of number Of States whose
rights and political powers all perfectly equal Now
sir what right il important than the right 70 deter
mine who shall nhabit their State and what their rla-
lions shall be Who sir is 70 he benefited or injured BY
this much as the citizens Of the Stale tselfy Besides
the general government prescribe that there shall Dc
slavery il prescribe that there shall be
riageY III il can define the relations between the citizens
themselves ii not define the relations between the c
and their State governments and force upon them
plural executive lifetime Judiciary legislature for
twenty years If the federal government says that in one
there MAY lie slavery and in another there shall not
be slavery, docs 4 not Us lar as rs aehon gees produce
and therein hrk The consttullans and aF
broken this material point not violate Al In te
very essences Of the State gosernmentsa
Now ask Mr. Chairman, if this Missouri restriction is
in derogation Of this treaty stipulation cannot be
answered there then inhabitants in this por-
ton Of the Territory Sir the treaty covered the geograp
zeal area Of Lousanacoyercd all Louisiana 10 It's utmost
limits Shall not redeem faith solemnly pledged
ia treaty compaeta compact held sacred and inyiola-
bic among all people civilized and savagci Shall we not
wipe this odons Missouri restriction which has open
ed up upon deep fountain Of bitter waers--wineh
has violated the constitution in establishing inequality be-
tween the States and which has 50 sadly stained our fed
eral honor2
now ask the attention Of the committee second
place TO this restriction the light of the constitution.
Had Congress the power 10 impose In discussing the
power q mean the constitutional powerb OF Congress to
impose this restriction shall also discuss the power OF
Congress exclude the citizens Of the southern States
from egrating with their slaves to the territory
for the power DO he identical with the power TO
do the other
Had Congress then the power to impose this restriction
upon the admission Of Missouri In what clause para
graph Of the constitution viii you find t2 Some Of s
advocates it back to the third section Of the fourth
article OF the constitution which reads thus;
The Congress shall have power dispose or and make
all needal rules and respecting the territory and
other property Of the United States.
Mr. Calhoun in an unanswerable argument refued the
position that this clause OF the constitution conferred
legislative power upon Congress The words to dispose
of refer property only and Of territory only
in that aspect The uhseeuen, words TO make all need
ful rules and regulations respecting the territory other
property cannot IN loose sense, refer 10 govern
ment because in the first place the words or other
property illustrate the Of the term territory and show
from the conneon that was used only IN the sense OF
property limited however 10 places extra the States while
the following words other property embraced places
also within the States Legislative power over the latter
given In the clause the eighth section Of
the first article Of the constitution, in the words
To exercise exclusive legislation &C. by cession Of par
ar Saes, Ae all places purchased by the consent
Of the legislature Of the State In which the same shall be
&c.
viii he seen that this clause relates only 10 legislation
respecting places within the boundaries Of State With
the specific bestowa Of :s power the Congress could
have acquired only title the soil but jurisdiction
whatever as that would have resided In the State whose
eminent domain spread it The only remaining clause
in the constitution applicable TO this power Of Congress TO
egate for the Territories the second clause OF the third
section Of the fourth article which has just been shown
confer legislative power whatever The concluding
paragraph Of this clause and nothing in this constitution
ssaH te construed prejudice az claims o t United
atos or al anU particular ap shuts the idea OF legs-
lstse discretion and hedges in Congress from any en-
eroachment
In fact there no clause in the constitution which
be paushy tortured into connyAnce al sovereignty
dominion existing Ii The federal government II pos
sesses absolute power IN no case for asolue power be
longs 10 sovereignty and exclusive power egaie only
Ia specified In clause Of the constitution power
delegated the federal government 90 interfere with The
States II State in the exercise of her sovereignty
proclaimed against another the federal royernneui
would have constitutional night 10 interfere State
violated every article in the federal compact Congress
would find right in the constitution inerpose The
only clause which bears upon this power the loose and
vague guarantyng republican form Of government &c
each State IN all the relations which 0fe bears to The
federal government she Is sovereign and the federal govern
ment can only restrain Hafs through war the "f'faa
ratio of sovercgus Even this conld bc done only The
agent of the remaining sovereign States the federal gov
eminent being used by them they would use any
chine coutrivance and this dehors The. constitution
rights OF individuals interested the practical exercise q
State sovereignty may he consiuonAly checked, but
further Beyond this against sovereign state The fede
ral government is lean and sippeed pania-
IL has not per- st distinct nominal den-
tty The trainers Of the constitution contemplated
the eyigeny Of the federal government crushing Or even
intermsddling with sovereign State
Whence then arises the power Of Congress 10 leslate
for the Teriioes II h affirmed that II arises from The
war and making the acquisition Of terri
tory carries along with the right necssity 70 leatt
over IL As this The most admissible reference Of spc
power though il Is highly questionable let examine il
Admit then The power from this The question then
up To what extent does the power of Congress
legislate the Territories 70 N obfesf CsratR-
w nj for gbs0iae gCHd tErOfrc E0terggrg and tbs
government Is federal Or specifically Of dele
gated and trust powers Then 70 Whist extent does this
power 20 or speak properly, " bat The
strctions upon its hy Congress- s restrained n
the FIRST place by The very nature and object Of The powers
delegated through the constitution 70 Compress The
fure Of those powers subordinate and limited not
~ them involving sovereignty and their object l. 70
form perfect union establish iusfice insure domestic
tranquility provide for the defence promote Tho
general welfare and e blessings 81 liberty TO
feet union Nv stigmatzng and degrading (the South
from equality with you Establish justice by excluding
- from TERRITORY ~ blood and treasure -snd
sezng the whole a. Il yosrsclyes the North Insure
domestic tranquility w affirming through the action oi
government that our slaves held In lawess bondage
and imPrsoning them within restricted limits BY which
theif labor i made lees valuable and eir management
denltg eProvide for thcoomnon defence by
raging the against each other Promote the
general welfare hy conhscatng property which tram
scends the resources ~ calculation and by chaotic rp
srp q ~ the industrial and sOcial reationsY And
cure The blessings 81 liberty 10 ourselves and Poste
~ by involving in IL determination make us
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