The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-18
WASHINGTON, SATURDAY, MARCH is. 1854


very question which the senator is compelled to
take for granted make his proposition logically correct
There Is no express power n me le'
tories II has moi been attempted be shown that such
power necessary carry out any express grant IN that
instrument If these two simple propositions be the
argument IN favor OF the unconsbdtonaiy of the eslro
tlon complete. But am willing % place il on the most
position which be claimed by It's friends
II the power egsate for the Territories expressly
granted by the constitution must If possible, be
csed not to conflict with any other power ganted 10
the government, right reserved TO the Estates, re-
spectyey, 20 The people" That such an exercise of
the power is possible, is not denied IL ia just what the
territorial acts Of 1880, 1885, and many others, including
these of 1885, have done and precisely what this b pro-
poses to do. To hold that underlined power expressly
granted would necessarily, IN limited constitution, absorb
all other powers, would of itself he monstrosIty in
strueton but the senator from New York attempts 10
cothe with this attribute implied dlspued power The
republican party, through all the exponents OF IT'S opinion,
have only held that this possessed
but that which expressly granted which was ne
AID proper carry out granted power but that
express grants of power be controlled their
else by other grants In the constitution They utterly de-
med the whole c that unde6aed powers, whether
press implied, necessarily unlimited powers
This great principle ably and deliberately discussed
by the fathers Of The republic in 1856, jays ueaiy
Then the principle was asserted by General Washnson
whose great end just consideration with his country
men gave great strength TO any poNon he might assume
that the treaty -msug power being undef ed unm-
ned de ate sprung up that question IN the House OF
Representatives which lasted two months MIR Madison
closed that debate The side Of pns &c against preroga
1--WE and when the vote taken was found that there
at We upon the question hat although the treaty making
power was undenned, II was not un,med. There
PLAN grant Of power TO The Pr siden TO make treaties by
and with the Of the Senate. II underlined
grant There express words of limitation upon
it, Still, the republicans of that day with Mr. Madison at
their head when assumed by the Father
OF his Country,) declared that, though il unde-
fued grant, limited one and that you could not by
treaty. exercise any power which granted by the
stuton the other departments of the government This
IS very important principle, and which shall have
occasion TO discuss before the close of the in regard
to reaty which said by the public Prints to have been
negotiated and TO be before the Senate.
hold to this construction of the constitution; and il you
depart from it, where you TO sopi If by territorial
bill you regulate domestic institution of The people
you regulate aaoher, unless limitation found in the
constitution. If you beyond the PLAIN express grant
of power, may you say that States shall have but
one senator and but half the number Representatives that
the other States have' If you adopt such principle, you
would have u great confederacy composed nomlnnly oil
equal sovereign and independent States, but whmsicaly
doyetailed and Grossly ndented that the States them
could understand their respective rights and they
would have 10 refer TO laws passed 10y Congress find he
constitutional rights Then, sir, appeal TO gentlemen 10
stand by the landmarks of the fathers Of the republic
leave the States where the constitution leaves themsove
eign and Independent equals; leave eow-czens who
seek homes in the distant Territories all the rights of free
men, and they will discharge you and themselves all the
duties of reemcn
Senator's / have endsavorsd thus far to commend thi.
bill your consideration the ground that it is in strict
conf rmy with constitution. have said, also, that il
is wise, expeden, and Just. Justice is the highest eape
deDcy the supremet wisdom. Applying that test to the
principles OF this that any
portion Of this country to any other conclusion
than establishes between the people of this Union
who are bound together under common constitution,
firm, permanent, and lasting bond OF harmony. What Is
that of the South sski Do make any unjust
unequal demand on the NORTH None. Do we ask what
willing side to grant to them Not al all
We say them, Gentlemen here common terri
tory Whether II ceded by the old States whether II
acquired by the treasure, the fruit Of
successful war to which we all rallied and IN which we all
fought ask to recognise this great principle OF our
revouon 1T such desire go there, enjoy their prop
erty with them their ocks and their herds, their
and maid servants they desire TO take them there
and when the appropriate for the exercise Of
the dormant sovereignty of the people, let them fix the char
acter Of their institutions for themselves y
This demand the government nothing than 10
perform duty of al governments 1t and Just IN
all governments defend every citizen IN the peaceful
joymen Of his life, his liberty, and property is the life
blood of repubc u can do no injustice that will not reco
upon IT, Resting upon the people, upheld and defended and
administered by them republic is inpotent IN career OF
injustice therefore such Fohcy Is as foolish as wicked
a feel that need spend time in defending the
principles Of the bill your table Neither their oonst-
uoonlIly expedency have been successfully assaled
but their opponents have relied upon other considerations
sway the judgment Of the Senate They sanctioned by
the aEpsrvadmg principles Of The constitution which is
oond Of equality Of right, and equsly Of burdens binding
togeher these States and all others that hereafter be
added TO them Strike the features Of equality and
State sovereignty, and Instantly it peri,h.s States
viii be dependent aud will be independent and
tefs Of the rest appeal you then preserve that
equality which the constitution intended perpeuate
Under II, little Delaware with small population, asserted
the OF here She
stands here to-day her hundred popua-
ton, 10 confront debate and argument, footing
equality, the from New York, with three millions
at their back
Instead Of arguing this question like statesmen the free
soers and abolitonlsts who oppose Il bill to rely
on intimidation TO effect ouiecs We are invited To
listen 10 the muerlngs of the distant thunder of popular
Indignation quot yet sudble which about TO burst p,n
our aud warned OF the earthquakes which
aOout to burst from under feet Even Il all his
as baseless snould wise control the
action OF AmtTcan senator's determining upoh the
sutouodal rights Of eusan FIRE Bot this lie not
real but meio-dramsic thuader-nothng bu phosphorus
and shectrOn. the people Of the North well the
south have deliberately afirued The principles of this
onl; they have risen night Of their nationality,
aud crushed and overwhelmed these enemies Of pablo
peace ORDER and Oerty. They will hnd bu fev friends
amosg ameucan freomcn anywhere who would gladly
now, but for Ituuona impedtment dismiss them from
their service with contempt THIS canor has not even
| The merit Of noveity.
Why, SIR, heard the gentleman from New York here
two or three yeas talk he does lie aHd
ms coadntors think that all the world ed they
are excited Tie dec AIRED the occasion which have
REFEREED m the discussion upon the bills Of 1850 tht he
peal epealln would throughout all thus broad lsad
What huSever the result threatened rnusing
the peopef what tke result Of all this vsuntpgi lie
went home and there were three got no but
the good sense, The patriotism, the matt naty OF the
people OF the North the rescue; and he
the INST to sne.k iao political organization which declared
nat The measures OF 1850 6pa settlement in princi-
pie and substance, OF the questions which they
related. Wherever the storm TO from, will
from that quarter Senators may compose themselves
are not the men either TO get up guide revolutions.
/ fAH- =,