The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-15


stock OF Africans in the United States aud thereby
creased slavery This clause OF the constitution was spe
cay favored u was of those clauses which pro
tected against amendment by article fifth
Slavery IS strengthened by the ID clause I'd section, OF Isl
article which hxes the basis Of according %
numbers by providing that the nuJers shall BE- determined
bg adding q ne whole number Q free persons including ost
bound 70 scUiee for term Of gears and e1elHdag Indians
not taken, hreehs N al other persons This provision
strengthens slavery by giving the existing sayeholdine
States many more representatives in Congress than they
would have slaves were considered only as property II
was much debated but finally adopted with the full un-
derstanding Of ofitsimport, by great ma ority.
The constitution protects Il implicitly BY withholding
all the power to nre IL limit It's duration but it pro-
tecs il expressly ~ The Sd clause Of I'd section Of the 4h ar
he By ne An section II s4h article and By The 18Th clause
ofMs Isl article The third clause of the I'd section 4th
article provides that mo persons held 10 service labor
In one State by he laws thereof escaping into another
SHALL in consequence Of any law regulation therein be
discharged from such service labor but shall be deliver
ed up on claim Y the party TO whom such service or labor
may be due The 4h section Of the 4h article provides
that Congress shall protect each State on application OF
the legislature Tor OF the executive when the legislature
cannot be conveled) against domestic violence The
18th clause of the sth section of the LIST article makes
it the duty of Congress "o provide for calling forth
the militia TO execute the laws of the Union, suppress
surrectioHs and repel nvasions" The first of these
three clauses last referred protects slavery by fol-
lowing the escaping slave into non-saveholding States
and returning him TO bondage the other clauses place
the whole military power Of the republic in the hands
of the federal government repress domestic violence
and Instructions Under this constitution if he flies to
him If he resists the law by which he Is held in bondage
the same constitution brings its military power to his sub
jngaon There Is limit 10 this protection it must ex-
st long any Of the States tolerate domestic slavery
and the constitution, unaered, endues None OF these
clauses admit of msconception doubtful construction
They were not Incorporated into the charter of ber
ties by surprise or inatenon they each and all of
them introduced into that body debated referred to
mittees reported upon and adopted Our construction OF
them is supported by unbroken and harmonious cur
rent of decisions and adudcaons by the executive egs
atve and judicial departments of the government State
and federal, from President Washington to President
Pierce Twenty representatives in the Congress of the
United States hold their seats to-day by the virtue of
OF these clauses. The African slave trade car
red its whole appointed period under another of them
Thousands of slaves have been delivered up under another
and 1t is just cause Of congratuaton to the whole coun
try that occasion has occurred to call into action the
remaining clauses which have been quoted.
These constitutional provisions generally acquesced
in, even by those who did not approve them until
and less obvious question sprung out Of the acquisition Of
territory. W hen the constitution adopted the ques-
ton of slavery had been settled in the northwest territory
by the articles of cesson of that territory by the State of
Virginia and at that time the United States had not
of land which it claimed unfetered jurisdiction
except disputed claim southwestern boundary,
which will hereafter be considered in its appropriate
nexon The acquisition Of Louisiana imposed upon Con-
gress the necessity Of its government This duty
suned and performed for the general benefit of the whole
country, without challenge question for nearly seven
teen years Equity and good faith shielded it from cri-
cism But in 1879 thirty years after the constitution
adopted upon application of Missouri for admission into
the unon the extraordinary pretension was for the first
time asserted by majority Of the nslayebodng States
that Congress not only had the to prohibit the
tension OF slavery into territories of the republic but
that it had power to compel new States seeking ad-
mission into the Union TO prohibit 1t in their own
constitutions and mould their domestic policy in
all respectsy to suit the opinions whims eaprices
Of the federal government This novel and extra
ordinary preten.on subjected the whole power of Con-
gress the Territories to the severes criticism
Abundant authority found in the constitution to
age this common domain merely property, the I'd
clause 3d section of the 4th article declares dt Congress-
sha hare poer 70 dispose Of and make al "ee rates and
regulations respecg the territory other property belong
ing The United States and nothing IN Us constitution
shall be construed 10 prejudice any claims Of the United
States of any particular State But this clause
rghtfuly adjudcated by the supreme judicial authority
not TO confer Congress general jurisdiction terri
tories but by its terms TO restrain that jurisdiction to their
management property and without that adudica
ton IL would be difficult prove the disregard
of all sound principles of construction of this attempt TO
expand this simple duty to dispose Of and make all need
full rules aud regulations concerning the territory ard other
property Of the United States into this gigantic assump
ton of unlimited power, in all cases whatsoever over the
territories When the constitution seeks to confer this
power IL appropriate language when II wishes TO
confer this power the District Of Columbia and the
places be acquired for forts magazines and arsenas IL
gives Congress power ITO exercise exclusive legislation in
all whatsoever, over them This Is expciti II s
apt language express particular purpose and inge
nuy conrue the clause concerning the territories into
the same meaning
This construction clear that Congress was then
driven look for power govern It's acquisitions in the
necessity aud proprety Of 1t Of executing the
power make treaties The right to acquire ter
ritory under the ymakng power tsef impl
cation and an implication whose rightfulness denied
by Mr. Jefferson who exercised IL the right TO govern
being claimed incident Of the right TO acquire was
then but implication Of implication and the power
TO exclude slavery herefrom still another remove from
the fountain of all power-express grant But whether
this power TO prohibit slavery in the common territories
be claimed the the other, it cannot be
sustained upon any sound rule Of constitutional consruc
ton The power Is expressly granted Then, unless
be shown be both necessary and proper in order
TO the just execution Of granted power the constitutional
argument against IL Is complete This remains TO be
shown by the advocates Of this power. Admit the power
u Congress govern the Territories until they shall be
admitted rs States into the Union-deriye IL either from
the clause OF the constitution last referred to from the
y-akng powerhis power TO prohibit slavery Is not
incident 10 Il in either because II is neither neces
gAry proper its execution That IL Is necessary
TO execute the rraty-making power Is shown from the
fact that the treaty not only used for this
purpose but be wisely and we'll executed without IL
and has been repeatedly used to increase and protect sa
very The acquisitions Of Louisiana and Florida
plies Of It's without the exercise Of this pretended
cessary and proper incident Numerous treaties and con-
venons with both savage and civilized nations from the
foundation Of the government demanding and receiving
ndcmnes for injuries to this species OF property are con-
elusive against this novel pretension. That IL s not me-
cessary to the execution Of the power to make needu
rules sud regulations respecting the territory and other
property OF the United States proven from the tact thai
seven Territories have been governed by Congress and
trained into sovereign States without Its exercise II is
proper, because IL seeks TO implied power fof
other and different purposes from any specified expressed
or intended by the grantors The purpose ayowed "a
be limit restrain weaken and finally crush out slavery
whereas the grant expressly provides for strengthening and
protecting IT. II Is not proper because II violates the nun
damenta condition Of the Union-the equality of tbt
States The States of the Union all political equals