The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-12-25
SEVERAL ASSUMPTIONS EXAMINED

we extract the Ioiiowing passage from the
late graphic report of the speech delivered by
the Hon. Reverdy johnson, in the Supreme
Court, in the bred case, on the 18th instant:
Congress shall have authority to make the
needful rules and regulations for its 1.-THE Ter.
ritory's) government property, but not to
prejudice the claims of the United States. or of
any particular State. This being the cas-. on
what ground can the power to prohibit Slsvery
fall within the power communicated to Con-
gress2 He could conceive but one The most
useful disposition, and the hypothesis that the
exclusion of Slavery enhances the value of
the lands to be disposed of. Suppose such
| to be the most valuable way to dispotb of
property, suppose Congress has such power,
what possible doubt can there be that vari-
ETY. of things may be done to accomplish. that
end, and more effectually? Slavery strikes at
the fundamental principles of our Government.
1t Is important that we adopt some rule OF reg
ulation to strike at the root at once. Prohib.
iting 1t in the Territories will not do, for South.
ern men go there, waiting for the good time to
come-for the question of State organization
to arise; Northern men go, thinking the time
shall come when this sin. visited land will be
dedicated to God and Freedom. The most
needful course would be to prohibit Southern
ers from settling and Northerners from going;
i
ted to buy negro-that no Southern man be
permitted to emigrate to the new Territories
and settle. He has a leopard spot upon him
which may prove contagious. The most GER
tain way is, to deny him the right to emigrate,
or let him swear he will never attempt tie in
PRODUCTION of Slavery into the Territory. Either
| of these rules will accomplish the end much
better than the rule desired. There exists in
Congress, under that clause, no authority for
such unequal, disparaging, and insulting legis-
| lation. If not under that clause, upon what
| conceivable grounds can the authority fos this
law be placed? 1t is necessary to govern the
Territory, but is there no Limitation to tie au.
thority given Congress?
This is a telegraphic report, and for that rea-
son is somewhat obscure but it is impossible
to mistake the meaning of Mr.. Johnson. He
can conceive of but one way in which, under the
grant to Congress of power to make all needful
rules and regulations for the governments and
disposition of the Territories, the right to pro-
hibit Slavery would fall within the power of
Congress; the exclusion of Slavery might en-
nance the value of lands to be disposed of!
Now, it is perfectly immaterial how Con gress
obtains the power, if Mr.. johnson admit that
it has it. The question, then, whether it should
exercise it, is entirely within its discretion it
may exercise it for whatever reason may seem
to it satisfactory, and it is not usurpation,
but simple act of rightful power. Mr.. John-
son appears to admit that it has right to
exclude Slavery, on the hypothesis that such
exclusion would enhance the value of lands to
be disposed of. A minority in Congress might
contest this hypothesis, but if the majority held
it to be sound, it might act upon it, AMI Mr..
Johnson, at least, could not denounce its .tction
| as unconstitutional.
But, if the power of Congress to prohibit
Slavery is to be derived from the effscta,to be
produced, we must carry our speculations be.
yond the mere item of the increased value of
land.
We need a railroad to the Pacific, to bind
together the States bordering on the two oceans
railroads are most rapidly built where popu-
lation is greatest, and where it is free free
Territories fill up faster than slave Territories
therefore, it is needful that Congress exclude
Slavery from our Western Territories, so as to
facilitate their settlement, open the way for
railroads to the Pacific coast and so bind the
Union together.
Again: it is claimed by the Pro. Slavery Par.
ty, that this country is the home pre-eminently
of white men; but the existence of Slavery re-
tards the growth of the white population, and
drives poor white people into exile; therefore,
on the fundamental principle of that PARTY, it
is needful that Congress should exclude Slavery
from the Territories, SO as to secure the rights
of the white race.
Again: it is a fact that the white People of
| this country outnumber the colored People,
| constituting FIVE parts out of six of the whole
population it is fact that that they are con.
fined to a less area of territory than the blacks:
it is a fact that the increase of these must be
slow, depending only upon procreation, while
the increase of the whites must be more and
more rapid, depending not only upon procrea-
ton but immigration it is necessary to pro-
vide, then, for their heahhful expansion there
fore, it is needful that Congress should exclude
Slavery from the Territories of the Union, as
such measure directly opens the way for the
requisite expansion of 6ve-sixths of our popu.
lation.
| Again: Slavery Injuries the interests Of the
masses Of free laboring people-prevents the
establishment of an efficient Common School
system for their education-retards the settle.
ment of our Territories, and consequently the
growth of States-is always a source e mill
tary weakness-to say nothing of its terrible
moral consequences therefore, it is "needful"
for Congress to keep it out of the Territories
But, says Mr.. johnson, even admitting that
Congress might have power to exclude Slavery,
on the hypothesis that such exclusion would
enhance the price of the lands to be Opposed
of, "prohibiting it would not do"--othep meas
ures would become needful-and then ne pro-
ceeds to run the argument out to absufdities.
"The most needful course would be to prohibit
Southerners from settling, and Northerners
from going; or pass law that no Ssnthern
man be permitted to buy negro, that no
Southern man be permitted to emigrate to the
new Territories and settle there" With all
Difference we say it, this kind of argument
might do for a stump speech, but is not worthy
OF Mr.. johnson, or the Court he addressed.
A man may make fool of himself, but it
does not follow that he ought not to be free
agent, and have the right to act wisely, Con.
gress may use its power in relation to /, Tariff
absurdly, unjustly, but it does not follow that
it has no right to lay imposts neeeful for
revenue.
/ n x.