The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-28


mo none IN the aualogies OF political system Can
you dictate particular lor OF society and government
of them one moment after they become States II not,
why mock reason. and blot the statute hook with this
pros blilon
The power Of Congress over the Terriorles is elthe
absolute, or IL has constitutional limitations Lei me
illustrate iufiber my idea of the limitations the power
OF Congress the Territories and disiIics growing
out OF the character and objects Of the federal system
may exercise :. exclusive Legislation" in the Disdct o
Columbia This lar stronger and broader grant OF
power ihan any 10 be Implied from that instrument in
siion the Territories sad yer il does not confer abso
te power IN this District; for must be observed that
ltbee rs WIDE distinction between exclusive aud abso-
lsse power Of legislation. VIII any man contend that
rci, while general tariff law applies other ports
And yei the language OF the cons,isution is:
~ rfeisseos .hAa De gwen W any Ieg uailon q COM
another shall vessels bound 10 Or irom one STATE be
tohiiaed 70 enisr, clear or pay dnlies in anorher,n
i So Congress has exclusive legislation" "sl
places purchased BY the consent OF the Legislature u
the State in which the shall be for the erection Of
orts magazines arsenals dock yardr and other needu
buildings; but will not be said that Congress may
admit foreign goods duty free al OF these points
bc board. while imposi laws 10 force other
porls. Nor will advocate be found for the power
discriminate against the people oil this District, by txxing
articles exported from u, though the limitation of the
constitution is "No tax or duty shall be aid articles
exported IRON any State"
Why j. this and what is the limit Al The beginning
1T was thought best thai the seal O government should
not be within any Stale, and accordingly separate
tory carved out for il, where The ieera government
might independently exercise its few and mied powers
and over this territory exclusive Legislation" grant
ed 10 Congress- but The and objects oil the grant,
both OF territory and power and the nature and purposes
Legislation Accordingly, Congress may not establish
dssposn here, roo the Inhabitants OF their common
rights as American citizens IN regard TO their local and
domestic atIairsDor deprive them Of their property.
violate uniformity OF iaxation nor discriminate Tor OF
against their ports Out OF this view, too grows the
gument against the power 10 abolish slavery in the Dis
trict without the consent oi The people. And thoagh
Cpon this point opposite opinions have been expressed
yet The argument has far prevailed that serious
tempt has teen made TO interfere with tier rights in
this respect
Tie argument ia regard to the territories il far strong
eT aave already said that The constitution nowhere
expressly grants political power the territories Let
ns bear in mind, then, lbaf can only be an implied
power-o be exercised by limited guvernDeni--over
regon The common property OF States which created this
limited government and The inference Is irresistible that
II m1s be exercised III The spT. Of the political sysem
out Of winch this ijmie1 government springs would
follow, The power were expressly granted bu. flows
With greater force slnee i Z only dsrivative What,
then, is The spirit oil the system answer Ge tqu4Ii
~ II the Mates-locai sovereignty IN all matters oi
interior and domestic concern. embracing lhe great
mas Of powers maj belong 70 government as ior ex-
ample, fxng the relations OF parent and child, guardian
and ward master and eerySnt-Tegulaing the general
rights OF property, ihe course oil Inheritance and the in
Vulnerable conditions that grow OF the social and pc
lcal Hence never has been pretended hat Con-
eress may invade them TO control their free action
these and kindred subjects II s apart from the objects
prescribed The oibii 10 v heh shoud move Cary The
idea TO the Territories Whai tAeyto WHOM d. they
teons-wbo ale 70 inhabii then, and what 10 be
Their political relations to the rest Of The eonfedrTacy
lhes regions of c0ahfry acquired BY the ef
ors and treasures OF all lhe States they belong there
fore, the Safes for common use and euos s al he
citizens Of tue States 70 ahsbit them and when
population stall be safclei, they 10 become equal
megSbers Of the Union
1 might run oui illustrations this point 10 al IN
definite extent Could Congress admit foFegn goods
duty free The Union through the ports OF retfi-
tory, in violation Of he generzl laws or lay
tax articles exported from Territory The Do ser
wi ho be claine5cerainly is exercise vii be
attempted snd yeti have shown that the limitations oi
the constitution hese and ober respects apply
only 10 The States; and the oaiy arguments against The
power are hrs that has not been expressly granted ;
and, next that cannot be fairly oeeuced from Ibe spirit
and anaoges Of or political system Sir. the oonsti
tutiona limitations Iar which contend 90 exist, then
Congress cannot discInals against any the States by
depnying them 81 equal enjoyment Of he common
riory bot u these limitations 90 exist, thea The
power oi legislation absolute aud CoBgfess mag
readily SET mp monarchy aregubiie. Gentlemen may
revolt al this conclusion bat Il flows with inevitable GER
ariy from this doctrine Of Intervention and uncontrolled
political power the Territories The germ of con
KtsslUnal despohsm 10 be opnd n this Missouri pro
hbiiion for II the queson Of slavery may be deter mined
io The Teinofies BY Congress every Other social and
political question may NJ Ike manner be settled Tor Them
BY the suii UTt!, and THE Soud reiuce 10 the
affect colpeal vassalsge Non cannot escape ths
CONCLUSION by saying that sayerl u ami republican, and
Congress Hust exclude under The obligation provide
republican form OF goternmen; for slavery has a. xass
exsled many oil The States and yet the constitution
declares that Congress shall State repnb
icsn form Of government; heoce II is settled principle
OF ogr s}siem ihai The institution not inconsistent with
republiranism.
Sr care nothing about refined distinctions or the sub
fefies OF verbal criticism repeat the broad and plan
pro- ositi0ni that II Congress intervene this sub
jeci, il may intervene any other: and having ihns
surrendered The principle and broken iron cons
ui0nzl limitations, driven away the very lap
OF arbitrary power. By this doctrine you may erect
desposm under The American system The whole theory
IA libel Institutions IL back 10 the
abborrea principles OF British colonial aulhay against
which made tie issue Of Independence IhaYe
sc9uiesced IN hls odous claim. and will believe that
il aside the iesi of public scrutiny The bill on our
table fePudaies Il, and only fearless advocates 10
make u thoroughly odious. The political sboliisonirs
think they ride The storm OF sni-savefy fanaticisn
bot tell ihem they have encountered here an element
powerful still They mnsi obliieraie the memory o
The principles which Tie structure Of government
was founded they n1s undo The very texture al the
American mind; they uusi substitute IN the popular
Tie dogmas Of despofsn FOR The doctrines Of Amer
ean liberty before they triumph Tie prncpe o
this bill,
The S3uih insists 90 Il a. mbocying the doctrine ol
State equality, or Which ber very existence depends; bu
II should eonnfIc iss equally to all sections because
The an8e ing pIneiIls northern souihsEn, bat
dpean II j true that The question Of slavery happens
10 be tbe ia issue, but there as the representa-
tive Of every other social and political right The free
dom oi lhess new countries establish the1 own nsi
uions osgh therefore, 20 be Gear the man from
Maine g. 10 TIE nan iron Florida.
Bai again: caouot DE North, wiih Der overwhelming
nun bfFs, compete with these tEeairss IN The
race 81 settlement ard eivzatoR--aad must she not
only ihe constitution By shutting cut halt The
States common property holders wsh beE--bui IN be