Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-15

tney Will pronlDlt slavery In all the territory
OF the United States, not excepting that portion
OF the Louisiana Territory lying south Of 360
3O|. They call it compact, and avow their
readiness to violate it. In this let them read
their own, but not another's degradation.
In the discussion upon which am about to
enter, it is my purpose to show
lst. That the bill upon your table is consti-
tutional, and consistent with the true theory Of
our government.
| I'd. That it makes wise, Just, and proper
disposition of the question of slavery.
Sd. That the eighth section Of the act of
1920 is unconstitutional, unequal, and unjust !;
that it is in no sense compact, or obligatory
on anybody, and therefore ought to be repealed.
| And
4th. I shall endeavor to show that the ques.
| ton assumed by the senator from Massachu-
sets, Mr.. SUMNER, that we propose to violate
the established policy of the fathers of the re-
| public, is wholly without foundation, and not
sustained by either principle or authority.
| Thatthe provisionaffecting slavery contained
in the bill does not violate the Constitution of
the United States, / believe is admitted on all
hands. We have differed and differed greatly,
as to the power of Congress to legislate either
upon the one side or the other of this question.
Gentlemen from the north, in favor of restric-
| ton, whether in the form Of the ordinance of
1887, as it is sometimes called, sometimes the
Missouri restriction, sometimes the Wilmot
proviso, while they claim the power to restrict,
do not contend that its assertion is imperative.
While the greater number, both at the south
and the north, who wholly deny the power to
restrain slavery in the common territories of
the republic, insist that the omission to legis
late against it, which the bill does, is in obe
dience to the imperative commands of the Con-
4 stitution itself.
Mr.. President, the main difficulty and differ
ence between senator's on this and similar
questions arises at the starting -point--the very
| basis of the constitutional construction, and
from the school of politics to which we respect
lively belong Those of the republican party
hold that this government is one of limited
powers, and is entitled to do nothing which is
not expressly authorized by the Constitution
or plainly necessary to carry out granted
power. When | look into the Constitution
and find that the power claimed is not there
under this plain rule of construction, there the
question with me ends. have nowhere else
to look for it. That is the true theory Of the
government; and believe it is daily gaining
more universal acceptance, at least in theory.
The only difficulty on this point has arisen
from some decisions of the Supreme Court Of
4
vaguely about the doctrine of the general SOW.
ereignty of the federal government. attach
1 bat little Importance to the political views OF
| that tribunal. 1t is a safe depository of per-
sonal rights; but believe there has been no
assumption of political power by this govern
ment which it has not yindicated and found
somewhere.
/ do not belong to this school. view the
Constitution in different light. ] stand upon
the great principles which lie at the founda
ton of the American reyolution-that sover.
eighty is with the people Of the several States
and with no government whatever. When you
desire to look at the powers which are confer
red, go to your State constitutions; you find q
portion of them there: 60 to your nationa
Constitution a portion are given there. Blu,
what is not found in one or the other, the Con
stitution of the United States tells you is re-
served to the States respectively, or to the peo-
Pile. believe those gentlemen who have ar
gued against this bill have not alluded to that
sacred instrument, the Constitution. They
have no use for it and il was wise for them
not to allude to it. 1t gives no color to the
usurpations of power which they would assert
and maintain in this chamber.
/ concur in the generally received opinion
that the right to govern the Territories results
from the power Of acquisition, and must be
used for the protection, and not the destruction
of the rights Of those who are entitled to the
enjoyment of the acquisition. In all govern,
ments the acquisitions of the State belong
rightfully to the people---much more strongly
does this principle apply to purely popular
government Therefore any exercise Of powe,
to iniure or destroy those who have equal right.
of enjoyment is arbitrary, unauthorized by the
contract, and despotic.
! Every citizen Of each State carries with him
into the Territories this equal right Of enjoy
ment Of the common domain. Whether there b.
i one, ten, one hundred one thousand or one mil
lion who may emigrate thither, they have al
the same indestructible right. If but one, he
is one of the sovereign owners, and has the
same right to look to his government for jus
tice there as though there were q hundred thou
sand. Each and all of them are equally pro-
tected by the Constitution of the country, and
are equally clothed with the indestructible and
lnalenable rights of American freemen. You
have no power to strike from the meanest In.
dian trapper, the basest trader or camp follower
as the senator from New York Mr.. SEWARD
styled the people in these Territories, their equal
privileges-this sovereignty of right which is
| the birthright of every American citizen. This
sovereignty may, nay, it must remain in abey-
ance until the society becomes sufficiently strong
and stable to be entitled to its full exercise as
a sovereign State. But yet, even in allegiance
this sovereignty does not belong to the general
government, and its exercise is naked usur
patton and unmixed despotism.
The power and duty, then, of this govern
ment, or the inchoate society in the Territories
is simply to protect this equality Of right o
persons and property of all the members of th
society, until the period shall arrive when thi
dormant sovereignty shall spring into active ex
istence and exercise all the powers Of free
sovereign, and independent State. Then it cal
mould, according to its own sovereign will an,
pleasure, its own institutions, with the sole re
striction that they shall be republican. Thes
great principles are fortified by the republican
ideas Of the right and capacity of the people
for selfgovernment. You leave to the people
themselves the exercise of all just powers O
government and you repudate the balefnl and
despotic principle of one people passing laws
for the government of treemen 10 whom tnel
are in no wise answerable or amenable.
Tho.a nr;nc;nlas were firmly maintained by