Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-07

as the question OF restriction cunceSHeo "ps nua@"
paetu The North gave no consideration for this conccs
son which said TO have been made by the South In OK
change for II.
But II it a compact how came tho North, at sue
ceedng session. 10 violate III Because s fact that
1921 when Missouri pressotet herself for admission, large
majority OF The North voted against Inc ptopoeon upos
the petence that she did what State constitution
do she excluded free negroes from her borders How
did the North break II! Shakespeare teIls US VI
"sauctmonious pirate who went 10 sea win inc ten co
mandmens but scaped out OF the table'Fhou shai
not sea;'n the one nc had mind TO- II seems that hi
Senator from Massachusetts, very scrupuous In regard
moral obligation whom II works In his favor but "hen
operates aguinst him. he s silent. 1t II wero compact
has he 10 say Of this breach Of faith on the part OF tn
NUnh2
But In truth ,hns The North Is not liable to the mputa
ton which the of his argument would cast upon II
| 1t was no compact- had no features OF compact.
was only binding far the people chose TO acquesc
10 it, and make effort TO repeal IT, But If It was com
pact the course of the North then and thereafter absove
the Sou,h-he weaker partyom all obligation TO o5serv'
compromise compact the Ordinary legislation ot the
country Can Legislature, by act Of public egisa
pie in oil time from repeating laws which may be inconVan
ent 10 them No. sir But ono Legislature may DO saga
clous enough suggest principle which may adjust trou
besome controversy and that principle may be successfully
applied time alter time through long series Of years. when
such controversy arises until it may DO fairly concu
ied that It s sustained BY implied assent OF the people
and Of all the conflicting interests concerned In such Ques
,ons To disturb such legislation would be dangerous and
wrong unless very certain that had ceased 10 per-
form Its Office and longer satisfied the people, who might
prefer another system OF settlement and De disposed 70
get aside first adopted Whenever tha, the case
the for rule ceasing the rule Itself is obHoee
But sir in point Of fact there is the strongest OF all posi-
Bile for repeating this restriction, which found IN
The fact that is unconstitutional For surely no series c
acts can give validity unconstitutional legislation and all
legislation Is unconstitutional which impars equal rights OF
the States has been So decided not only by he express
opinion Of legal aud eminent throughout the country
but as shall! presently proceed TO show by the courts OF
| the last resort n your own land.
uulousy than secure il 10 the equality OF the
States. Here Ia that sacred insrument-lhst dsed IN
which the trusts declared and by which the G5nera
Government Is constituted The hducary 10 carry them nio
execution Here oo the great objects OF tho trust at
say ordained ITO form more perfect union" How
perfect union 10 be formed If you have destroyed the
existing equality Of the States and substituted inequality L
To "eslubsh iustice How can you establish justice yot
make odous discrimina;ions1 To insure domestic anqui
| ty." How you do that II YOU make such Inc
Qualities between the S,ales2 To "provide for The
common defence promote The general welfare" Remark
tho welfare-uot Of part but OF ALL And hnaly observe
not acquire bu, 10 secure the blessings OF
liberty having them already ourselves and our poster
These were the groat objects and ends OF tho trust
none be secured you destroy the equality o
But that is not ALL Look those clauses which grant
power Congress ITO lay and collect taxes Duties mposts
and excses For what pupose3 ITO puy the debts and
provide for the defence and the general welfare oil
the Uaed States" To provide for the general welfare OF
whole, OF part. And not only is the Constitution
thus particular In regard the disbursement Of the money
after IL collected but also the modo in which II H 10
be raised II provides thst "a duties mpos; and excses
shall be uniform throughout tho United Sates and cap
direct sha laid unless In proportion
to the enumeration herein before directed 10 be
taken Here SIR the Constitution looks 10 the equality OF pro
portion Ls us turn now TO another class OF cases n whic
requires absolute equality uniformity for there Is an
equality Of each kind.
The Constitution gives Congress The rish. establish
,ualzaon laws and bankrupt laws but Then the lin
talon that they must be uniform II gives Congress The
power regulate between tho States and with
oeiqn nations strictly ecdupus 10 regard 10 the great
and Nf Ihe
DO laid articles exported from any Sate and mt
10 the popts o one
shall vessels bound 10 or from one Stao Dc oogeo 70 eue
| clear, or pay duties In another" u
II viii be seen lhen that in regard TO all the powers o
which could possibly be 30 exercised as 10 ope
rate unequay upon the States there are here express ha
lions 10 secure their uniform, their equal action.
Nor do stop here So anxious were tho trainers o.
,hs Constitution 10 this great common equality te
S,aes that they pursued me saoee. 'ns nanas o m
cse certain powers which might be used 10 disturb ina
fundamental condition of equality 10 the States Inc Con
.utIon accordingly declared that the Staee shouo moi
without the consent OF Congress- lay duties and mpost5
tonnage duties and should not form alliances nor do man
things which might enabo one State 70 tre1en upon .n
equal rights of another And 10 crown ALL the Consu'iot
contains this remarkable proVisloni
The citizens each shall be- entitled 10 all the privilege
and jn,nunites OF ci,isons Of the several Slases"
Observe Ia that the citizens of The United Stalc
sha have the came privileges every where but he ci'i
zeus OF each Sate The citizen secures hs equally houe'
that of his Sstc in his individual capacity but ny Vr
equality Of his State Nor is this equality OF the State
lett as matter OF moral obligation BY an equil rep
resentaon In the Senate given 10 secure
Well now cir, the Constitution especially declares th
Territories Of the United States TO be the property OF hi
United Sta,es II speaks Of "ihe territory or other proper
"" of the United States. 1t happens that the only spe
c6c enumeration OF the property Of the United States
n regard 10 this very matter OF territory and 10 regor
TO thai theStses equally entitled IT, IT, have show
the regarded equals n the view OF the C0nsu
on are they equally entitled 10 all the benefits flowing
Il I,hn h..aE aEo Nod
from the property, as well as 10 all Inc oenehs 10 Do ue'e'
| from the government ITSELF
Mr. Peesdeur, have said that according the spirit o
this instrument the States are as much entitled to char
equally In the benefits to be derived from that public pro
uery as they benefits of general egislalon Th
benefits be derived from that property are two folds tn
is the ree from taxes which IS aiorded oy devoIn
the proceeds Of tho sales of these lands TO the public use
and the other and far greater benefit consists In It's use
for the and settlement Of fellow
| Now SIR SUPPOSE this Government were 10 provide ir
reoard TO the money which raised from tho sale Of those
LANDS that il should be all distributed the slave
holding States and that the sarehodng States should &c
none Of IT, would the Of justice 10 every breas
revolt al in But is 1t not far say The whole uses
and benefits derived from lis occupation shall be
served to the savehodng States and that the slave
holding States 10 get Of then2 Suppose there wal
postiye that these lands might be settled bJ
citizens of Massachusetts, New York, Pennsylvania Con
necticut bu, that they should not DC settled oy CITIZENS
Vrgina and South Caona and other slave Staes, "ous
moi body that it was that II wa
violating spirit of the Constitution Whyf Because
yould impair the equality of the States. VIII 1t not be
compishing tbs Thing indirectly 10 say that those sht
not slave owners shall there but the eavehodor shal
no7 Does It not accomplish precisely the same thing ex
cen, ,ha, the ono done directly and the other ndscty2
! But, Mr. President know that this ls view which Ii
so obvious as to be sought be evaded upon tho gount
that the Constitution of the United States which, by imp
Gallon pescrbes this equality Of the States does not ap
py 10 the Territories OF the United Staesi and we have
authority as eminent tba, uf Daniel Webster for the as
ssr,ion He seems as far as his opinion In hs
of tho debate to have derived it from single
dctnm of Chief Justice Marshall In Cantsrs case and
have rested upon fact that has been decided ha
udces might be appointed for tho Terlores for term
fonS wears without violation OF the Constitution Sir,
think can show tina, such decision not nconsisen
with the opinion that Constitution did apply 10 the Ter
torlee that there were difficulties In supposng that II dt
not apply 10 tho Territories which Mr. Webster himself dt
no, meet and tina, the Supreme Court have, 10 series
cases decided that the Constitution and lave OF the United
States did cover tho Territories Of the United States.
Sir advocates of this doctrine have been presse'
as 10 he power Of Congress TO do within the Territories
what |; is prohibited BY the Constitution from doing at oil
such TO establish religion, o. mono OF them have Tc
sadcd say 1t could co any OF these things When wa
how If the Constitution did there the Govern
rsnt went there, which IL tho creator OF the Constitution
nosndy rot even intellect Of Webster could present
answer and tho only ground upon which II mus
was this decision of the courts In regard 10 the terrific
,a, judyss which, seeming 10 be Inconsistent with th
Cons,ltntop gave rise TO The Inference mat IN the eontem