Washington sentinel., 1854-04-07


spread over it. The only remaining clause in
the Constitution applicable to this power Of
Congress to legislate for the Territories, is the
second clause Of the third section of the fourth
article, which has just been shown to confer
no Legislative power whatever. The conclud
ing paragraph Of this clause "and nothing in
this Constitution shall be so construed as to
prejudice any claims of The United States, or
Of any particular State" shuts out the idea Of
Legislative discretion, and hedges in Congress.
from any encroachment.
In fact, there is no clause in the Constitution
which can be even plausibly tortured into con-
niyance at sovereignty or dominion existing in
the federal government. 1t possesses absolute
peHerin no case, for absoluae power belongs to
sovereignty; and exclusive power to legislsts
only in specified cases. In no clause of the
Constitution is power delegated to the federal
government to interfere with the States. IF
one State, in the exercise of her sovereignty
proclaim war against another, the federal gov
ernment would have no right to interfere. If
a State violate every article in the federal COM
pact, Congress would find no right in the Con-
stitution to interpose. The only clause which
even bears upon this power is the loose and
vague one guarantying republican form Of
government to each State. In all the relations
which State bears to the federal government,
she is sovereign, and the federal government
can only restrain State through war, the ulti-
ma ratio of sovereigns. Even this could be
done only as the agent of the remaining sover-
eign States, the federal government being used
by them as they would use any machine or
contrivance; and this dehors the Constitution.
To the extent Of the process Of court, and
where the rights of individuals are interested,
the practical exercise Of State sovereignty may
be constitutionally checked, but no further.
Beyond this, against sovereign State, the
federal government is not even "lean and
slippered pantaloon;' it has not, per Sc, even
distinct or nominal identity. The trainers Of
4 the Constitution never contemplated the ext
/ gency of the federal government crushing, or
even intermeddling with, sovereign State.
/ Whence, then, arises the power of Congress
/ to legislate for the Territories ? 1t is affirmed
that it arises from the war and treaty making
powers, as the acquisition of territory carries
| along with it the right, as necessity, to legis-
late oyerit. As this is the most admissible
reference Of such power, though it is highly
questionable, let us examine it. Admit then,
the power from this source the question then
comes up, TO what extent does the power of
Congress to legislate over the Territories go?
Is Il absolutef Certainly not, for absolute
is federal Or more specifically, one of dele.
gated and trust powers. Then, to what extent
does this power 60 or, to speak more properly,
what are the restrictions upon its use by Con.
gress? 1t is restrained, in the first place, by
the very nature and object of the powers dele
gated through the Constitution to Congress.
The nature Of those powers are subordinate and
limited, not one of them involving sovereignty;
and their object is ito form more perfect
union, establish justice, insure domestic tram
guilty provide for the common defence, pro-
mote the general welfare, and secure the bles-
sings Of liberty to ourselves and our posterity."
Would you form more perfect union" BY
stigmatizing and degrading US (the south) from
equality with you p" establish Justice" by
excluding us from territory won By common
blood and treasure, and selling the whole of it
yourselves, (the norih ~" insure domestic
tranquility" by affirming, through the action of
the government, that our slaves are held in law
less bondage, and imprisoning them within re-
stricted limits, by which their labor is made
less valuable, and their management more diff.
fcult?-" provide for the common defence" by
arraying the two races against each other p
promote the general welfare" by confscating
property which transcends the resources of cal
culation, and by chaotic rupture Of all the in.
dustrial and social relations p" and secure
posterity' by involving us in war Of extermi-
slaves?
Thus, then, Congress is restrained from ex-
cluding the citizens of the south, with their
slaves, from emigrating to the comm on terri-
tory. Firstly, because such legislation would
violate the nature of its powers, which are
limited and subordinate, and which would
thereby become absolute and sovereign, and
violate their object by destroying the property
and domestic tranquility of fifteen States Of the
Union. In the second place, Congress is re-
strained by the character of the parties to the
federal compact These parties are the sorer.
eign States; they are the constituent members
Of the Union. The federal Constitution was
adopted and ratified by each State, by con-
vention of its people, precisely as its State con-
stitution was adopted and ratified. Thus it was
made the Constitution of each State as much as
each State constitution was its own. In this
way the federal government was made the
mere trustee of the States, while State lines
were not obliterated, but deepened by the fed
eral compact: the contact Of State authority
promoting individuality, and the subordination
of the federal agent contrasting their sover
eighties. Through State sovereignties the fed
eral government roughens into harmony. This,
then, being federal Union, the equality of the
States composing it is its cornerstone. All
writer's on the federal form of government ad-
NIT this. In fact, there is no other principle
in it so inviolable as the equality Of the States.
Now, if Congress legislates to the exclusion OF
slavery from the common territory, it leglslates
an inequality between the citizens of different
States, and thereby between the States them
selves, and violates fundamental and essen
tial principle ofour federal framework. Thus
the character of the constituent members of the
federal Union restrains Congress from legislat
ing to the exclusion of slavery from the com.
mon territory. The power to legislate over the
Territories is, in every view of it, an implied
power, and all such powers should be exercised
with peculiar abstinence and caution.
In support Of the Missouri restriction, the
sanctions of Mr.. Monroe, Mr.. Pinckney, and
Mr.. Calhoun, have been quoted. Let US ex-
anime the extent to which they accredited this
restriction. Mr. Monroe, in letter dated
Washington, February Is, 1920, and addressed
to Judge Roane, of Virginia, says: