Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1856-02-19

| ever over the territories. When the Consttu-
ton seeks to confer this power it uses appro-
| pirate language when il wished to confer this
power over the District Of Columbia and the
places to be acquired for forts, magazines, and
arsenals, 1t gives Congress power /" to exercise
exclusive legislation in all cases whatsoever
over them" This is explicit, it is apt Ian
guage to express particular purpose, and no
ingenuity can construe the clause conct ruing
the territories into the same meaning.
This construction SO clear that Congress
was then driven 10 look for power to govern its
acquisitions in the necessity and propriety oft
as means OF executing the express power to
make treaties. The right to acquire territory
under the treaty making power, was itself an
implication, and implication whose right.
fulness was denied by Mr.. Jefferson, who ex-
ercised 1t; the right to govern being claimed as
an incident of the right TO acquire, was then but
an implication of an implication, and the power
to exclude slavery therefrom was still another
remove from the fountain of all power-ex
press grant But whether this power to pro-
hiblt slavery III the common territories be claim.
ed from the one source or the other, it cannot
be sustained upon any sound rule OF constitu
tonal construction. The power is not express
ly granted. Then unless il be shown to
be both " necessary and proper" in order to the
just execution OF II granted power, the consti
tutional argument against 1t is complete. This
| remains to be shown by the advocates Of this
power. Admit the power in Congress to govern
the territories until they shall be admitted ms
States into the Union-derive it either from the
| clause of the Constitution last referred to- or
| from the treaty making power, this power to
prohibit slavery is not an incident to it in either
case, because it is neither Unnecessary nor
| proper" 10 its execution--that it is not neces-
sary TO execute the treaty making power, is
shown from the fact that the treaty power not
| only was never used for this purpose, but can
| be wisely and well executed without it, and has
| been repeatedly used to increase and protect
| slavery. The acquisitions of Louisiana and
| Florida are examples of its use without the eS
ercise of this pretended " Unnecessary and proper
| incident. Numerous treaties and conventions
with both savage and civilized nations, from the
| foundation of the Government demanding and
receiving indemnities for I'M uries to this species
| OF property are conclusive against this preten.
! sion. That 1t Is not necessary to the execution
| Of the power to make neediul rules and regu.
lations respecting the territory and other prop
| erty Of the United States" is proven from the
fact that seven territories have been governed
| by Congress, and trained into sovereign States,
without its exercise II is not proper, because
il seeks TO use an implied power for other and
| different purposes from any specified, expressed
| or intended by the grantors. The purpose is
avowed to be, to limit, restrain, weaken and
| finally crush out slavery, whereas the grant ex-
pressly provides for Strengthening and pro-
| tectng it. 1t is not proper, because it violates
the fundamental condition of the Union-the
| equality of the States. The States of the Union
are all political equals State has the same
rights as every other State--no more, no less.
| The exercise OF this prohibition violates this
| equality and violates Justice. By the laws Of
| nations, acquisitions, either by purchase or
conquest, even in despotic Governments, enure
to the benefit Of all OF the subjects of the State;
the reason given Tor this principle. by the most
approved pubcists, is, that they are the fruits
| OF the common blood and treasure. This pro-
hibition destroys this equality, excludes part
| of the joint owners from an equal participa.
| ton and enjoyment of the common domain,
and against justice and right, appropriates it
to the greater number. Therefore, so far from
being a necessary and proper means of eyecu-
| ting granted powers, it is an arbitrary and
| despotic usurpation, against the letter, the
spirit, and the declared purposes of the Con.
sttution for its exercise neither promotes
more perfect union, nor establishes justice, nor
insures domestic tranquility, nor provides for
| the common defence, nor promotes the general
welfare, nor secures the blessings of liberty to
ourselves or our posterity," but on the con-
| trary, puts in jeopardy all these inestimable
| blessings 1t loosens the bonds Of union,
seeks to establish injustice, disturbs domestic
| tranquility, weakens the common defence, and
endangers the general welfare by sowing
hatreds and discords among our people, and
| puts in eminent peril the liberties Of the white
race, by whom and for whom the Constitution
was made, in vain effort, to bring them down
TO an equality with the African or to raise the
| African to an equality with them. Providence
| has ordered it otherwise, and vain will be the
efforts Of man to resist this decree. This effort
is as wicked as it is foolish and unauthorized
1t does not benefit, but Injuries the black race;
penning them up in the old States will neces,
sarily make them more wretched and miserable
| but will not strike n fetter from their limbs Ii
is simple wrong TO the white race, but it is
the refinement Of cruelty to the blacks. Elk.
| panson is as necessary to the increased com.
forts Of the slave as to the prosperity Of the
master.
The constitutional construction OF this point,
by the South, works no wrong to any portion of
the Republic, to no sound rules of construc-
ton, and promotes the declared purposes of the
Constitution. We simply propose that the
common territories be left open to the common
enjoyment of all the people Of the United
Sthtes, anu lney snail De protected IN tnelr per
sons aud property by the Federal Government
until its authority is superseded by State con
stitution, and then we propose that the charac.
ter of the domestic institutions of the new
State be determined by the freemen thereof
This is justice-this is constitutional equality.
/ But those who claim the power in behalf of
Congress to exclude slavery from the common
territories, rely rather on precedent and au-
thority than upon principle to support the pre-.
tension. In utter disregard OF the facts, they
boldly proclaim that Congress has from the
beginning Of the Government uniformly as.
serted, and repeatedly exercised this power.
This assertion ] will proceed to show is not
supported by single precedent up to 1920.
Before that time the general duty TO protect
this great interest equally with every other,
both in the territories and elsewhere, as uni
versally admitted and fairly performed by every
Department Of the Government. The act Of
1898 was passed to secure the delivery up Of
fugitives from labor escaping to the non slave
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