The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-12

Congress in which but eight States were Represented and
of those States but eighteen members We're present The
convention which framed present constitution was then
in sessions and was the great point OF interest
try In this state of things the ordinance was passed by
eighteen persons representing eight States clearly in vio-
ation OF their constitutional powers for the first time
IL isay be said recognising the ansayery principle This
has proved the fountain Of bitter waters flowing In gentle
ana un'npor'ah volume exciting no apprehension, pro
ducing no nneasiness until by the addition of the tubd
stream OF 1870 II has grown into food that has repeat
edly threatened TO engulph our glorious Union
But whether the ordinance of 1887 legally enacted
or not now matter rather Of antiquarian research than
OF practical utility and only referred to trace the
ginning, the humble beginning TO present troubles
We SIR when the constitution formed that instru-
ment was intended and designed to settle all questions be-
tween the different members of the American Union 1t
was intended to settle and adjust the principles upon which
the future was to be regulated Sir its adoption
erence whatever had the ordinance 1887 on the
contrary with that ordinance before them WITH that ord
nance before the country, what done in reference
the public lands for instance provides expressly with
reference to themn express terms but in conformity
with the ordinance Of 1887.
Mr. Chairmap propose to call the attention Of the
committee to provisions which be found in the
constitution What does the constitution say? II says:
Congress shall have to exercise exclusive egsa
ton in all cases whatsoever such district (not exceeding
ten miles square) by cession particular States and
the acceptance of Congress- become the the
all places purchased by the the legislature
State in which the shall be- for the erection of forts
ings."
But when it comes to dwell upon the subject of the
rtories OF the United Sttewhcn it speak upon
that particular subject what does il say? Here il is:
The Congress shalt power to dispose Of and make
needu rules and regulations respecting the territory
other property belonging to the United States; and moth
ing in this constitution shall be construed preu
| State.n
Now, gentlemen OF the committee pray you to mark
that under the clause in which exclusive power given
Congress over the District and the dock yards
senals &c with the subject before them with the
subject of the public lands expressly included in this ord-
nance providing expressly for the introduction of
States III reference to that very property expressly
cares that Congress shall have power only dispose
and make all needful rules and regulations it. and all
| other property of the United States
Sir ask this committee has the Congress of the United
States the power the public domain that it
the District of Columbia the dock yards the arsena
&c Sir, upon well-esabshed principles Of statutory
construction and constitutional construction ALSO know
perfectly well that there be sound legitimate arg-
ment in reply TO this view Of the subject An exception
limits the power to which it applies and grant of ex-
elusive jurisdiction over certain specified subjects of prop
erty of the United States denies exclusive jurisdiction in
the United States over the property not enumerated.
But sir the tenth amendment of the constitution fou nd
ed in profound jealousy Of power however carefully
strained marks the of that instrument distinctly
that he who runs may read II is short and win give it;
"The powers delegated to the United States by the
constitution prohibited by the States reserved
to the States respectively, or to the people"
plain and palpabc distinction thus exists in reference
to these Subjects In connexion with this subject would
beg also the attention of the committee what about
TO read laid down by the federal court and with
conclusive force although by reading it consume much
OF my time would ask gentlemen to ponder deliberate
| ly and well on the subject
In America the is widely different Every State of
the Union has its constitution reduced TO written exacude
the form of deneated by the
fundamental law established The constitution is certain
and fixed it contains the permanent will people
Of the and can be revoked on eped Z on I bS e
power that made it, The life giving principle and the death
dying stroke must proceed from the hand The legs-
atures crcsure of the constitution they their ex
ence to the constitution they derive their from the
constitr lion II is their commission and therefore all
acts must be conformable it, else they be void
Inc the work or viii Of the people them
Law the work viii Of the legislature their deryative
tor and the Other Of the creature The constitution fixes limits
to the exercise OF the legislative authority and prescbe the
other countries in this there can be no doubt that
act OF the legislature repugnant to the constitution absolute
| ly void"
This sir is the decision of the federal in the case
of Vanhoress lessee Dorance and there abund-
ance of similar decisions II these decisions be So then
ask you gentlemen of the committee what the character
Of the proceedings which were had the 9th Of March
ls20P If there be right to exercise power unless
clearly giyenif there be power egsate here ex-
cept within the scope and limits OF the consutionand
If the federal government this government has less con-
troll the lands politically speaking than she has over
this District aud the doc-yards and so on- ask what
power there was in the Congress OF the United States
the 9th Of March 1870 to say that there should be
very north of 36 deg. 80 min.
II And here permit to remark assuming that Il was
clearly unconstitutional act other evidence abund-
anti shows, and shall make stl palmer before
Il take my seat-herc say just allow me 10 cali
your attention to the condition Of things prior to that
period. have shown that there was no agitation on
the subject Of slavery prior to the revolution although
slavery prevailed in greater lesser degree through
out the provinces And from the close OF the revou-
ton up TO 1919 when this controversy began all was peace
and harmony and hroherty love Here and there existed
fanatic. Here and there petition but Il did not
disturb the general surface Of relations and we went
on careering in high destiny brethren Bat the cl
men OF dscord introduced the attempt TO put Mis-
souri, into the Union and what has been the
sincc2 The gentleman from Missouri Mr. BrSrov1 says
peace peace peace bat say that there has no peace
and appeal 90 history to bear out the truth of my decara-
ton Tho passage of the act Of 1920
mcn 70 the ansayery sentiment and feeling Of the coun-
try. That proposition opened the door TO agitation and
that door has been kept wide open to the present hour
say 70 this committee that up to the year 500 peace
without single element Of disturbance the law Of the
republics but from that day the present there been
no peace Why, DO not all know that that subject has
+ DO not know that distinguished man, now no more
stepped down from the chief magey OF the republic and
entered this hall to Ggiiac that very question: DO
know that he proclaimed upon this oor that than
stop abolition he would sec FIVE millions OF southern hearhs
delugcd in blood? That the effect Of his declaration
here DO we not know that the gentleman from Ohio
4 Mr. GinptNGs when was in Congress years ago
offered resolutions declaring that il lawful in effect
for The negro % slay the wife and children Of his
81 Mr.. GlDDiNGS, May correct the gen tenian
d Mr.. SMITH | have no time to spare
a Mr. GiDDiNGS. Ait but when a gentleman mis-.
represents another upon this noor he should permit
correction.
Mr. SMITH Well then take ii out Of my time, and you
may go on.