The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-03-13

the government OF everybody within the country,
States as well as individuals, would naturally
suppose that it would be written in a language
which plain men might understand Well, sir,
by looking to the Constitution, what do you find
You find it there written, "The Congress shall
have power"-to> do what Ito dispose of and
make all needful rules and regulations respecting
the territory or other property belonging to the
United States"
Some have said that this cannot mean all rules,
because there must be certain limits. Undoubt-
edly there are limits, but what are they2 The
limits are to be found in other parts of the Con-
stituton; and il there any restrictions that
grant, the grant is thus far restricted but if there
be no restriction, it is unlimited. The language
OF the Constitution is exceedingly plain. "The
Congress shall have power to make how many
rales2-" all needful rules" How do Congress
make rules? By law. How do they make the
rules and regulations concerning the Navy? By
law. How do they make the rules and regula-
tions concerning the Army? By law. How do
Congress make any rules or regulations2 By law,
and in no other way. Then, how many regula-
tons may they make in regard to territory 7 All.
If the prohibition Of Slavery is a regulation COM
ing within the comprehensive description of all
regulations" it is what Congress has a right to
make; but if it be regulation outside of all"
and not included in the adjective " all, )" we must
go somewhere else to find it, What did the men
who made the Constitution think? What did
they understand? What did they suppose they
had done2 Why sir, it appears, fortunately for
the calculation of this history that in the Conven-
ticn which framed the Constitution there were
twenty men who were also members of the first
Congress under the Federal Constitution. There
was John Langdon, of New Hampshire, a man of
some note In his day-a man enjoying the con-
hdence of the Democracy of this country, and
who was nominated for the Office Of Vice Presi-
| dent by that party, when Jefferson was Presi-
H. ..-l-l
OF his age. He was a member Of both bodies
There were also in the Federal Convention and
in the First Congress, Nicholas Gilman, of New
Hampshire; Elbridge Gerry, Rufus King, and
Caleb Strong, of Massachusetts,; William S.
Johnson, Roger Sherman, and Oliver Ellsworth,
of Connecticut; William Patterson of New Jer-
sey; Robert Morris, John Clymer, and Thomas
Fitzsimmons, of Pennsylvania George Read and
Richard Bassett, of Delaware; Daniel Carroll, of
Maryland; James Madison, of Virginia; Hugh
Williamson, of North Carolina; Pierce Butler
of South Carolina; and William Few and Abra-
ham Baldwin, of Georgia. All these gentlemen
whom have named were members Of the Con-
vention which formed the Federal Constitution,
| and also members of the first Congress under it.
| George Washington was the presiding officer of
| the Convention, and he was the first President of
the United States under the Constitution. Sew
eral of the gentlemen whom have named were
also members of the Continental Congress, which
passed the Ordinance of 1887, besides being men,
bers of the Convention and of the first Congress
under the Constitution.
The First Congress met shortly after the forma-
ton of the Constitution. Prior to the adoption
of that Constitution, the Congress of the old
CONFEDERATION passed ordinance by which Sla-
very excluded from every Inch of territory
then subject to Federal jurisdiction. When the
First Congress met what did they think? What
did those twenty men, fresh from the formation
of the Constitution, think of its powers2 What
did George Washington, the presiding officer of
the Convention, think? What did James Madi-
| son think? What did John Langdon think2
Why, sir, you can find their opinions in an act
of Congress, passed without division, and signed
by George Washington, and now in full force,
| unless it has been repealed by being found to be
inconsistent with the Compromise of 1850. On
the 18th of August, 1889, they passed an act in
these words:
"Whereas, in order that the ordinance of the United
Territory northwest of the river Ohio may continue
have full effect is requisite that certain provisions
should be made. TO adapt tho the present
Constitution OF the United Staes'
And then they went on in two sections to make
a few alterations which were necessary, merely
by change of the officers provided for under
the Confederation. In the opinion of those men,
when they had made those alterations, merely
requiring change of officers, they thought
folly-that they had done all that was necessary
to adapt the Ordinance of 1887 to the Constitu-
ton of the United States. George Washington
affixed his signature to that act and it stands on
the statute-book to-day; and no man can chal-
lenge the assertion, that it was the opinion of
George Washington, $50 far as his official acts
are any indication of his opinion of James
Madison, who did more to produce the adoption
and ratification of the Federal Constitution, per-
haps, than any other man, with the exception of
Alexander Hamilton; the opinion Of John Lang
don, OF Rufus King, Of Pierce Butler of South
Carolina, of Mr.. Few and Mr. Baldwin of Georgia
and those other men whom have named-that
Congress had power under the Constitution to
prohibit Slavery in the Territories They did it.
and their act has remained, from that day to the
present, unchallenged and unrepealed. Let me
ask you, sir, if in the history of this Government
from the time of the adoption of the Federal
Constitution down to the present day. any Presi-
dent of the United States has suggested to Con-
gress that the existence of that statute was not
warranted by the Constitution, and ought there
fore to be repealed? No, sir. And | do not
believe that there will very soon be such a
President | do not believe that there is a man
quite rash enough at the present day to venture
his reputation upon such an onslaught as that
would be on the judgment, the intelligence, and
the patriotism of the Father of his Countr., who
helped to form the Constitution, and who signed
this very act.
Then, sir, look at the acts organizing Terrific
rial Governments ever since, and you will find,
without exception, that Congress have taken
jurisdiction of this subject, neutrality-suspicious.
hlbtlng Slavery in some cases, regulating it in
others. You will find that in laws organizing
Territorial Governments for even the Southern
Territories of Louisiana and Mississippi Congress
did take cognizance of the subject of Slavery.
regulating and limiting it in those cases. and re-
stricting it in others.
The country reposed in safety, peace security,
and harmony, under this construction of the Con-
sttution, until these latter days. when in the new
light revelations of the present it has been dis
covered that Washington, Madison, Langdon,
King, Ellsworth, Gerry, and all their compatriots
who were engaged in making and administering
the Constitution died in happy ignorance of what
its essential provisions i confess that, for
one, am willing to take my chance OF being |
mistaken, with those dead fathers of tie past |
rather than run the doubtful chance of getting |
illumination from the new lights of to-day
Now, sir, what do we want? What do we ask 2 |
We ask that the country shall come back to the |
point from which it started. We enter upon no |
crusade against any Southern rights. We ask for |
no new test, no new doctrine, no new experiments
no rash, doubtful, or untried measures We are |
content with the wisdom of the past We are |
satisfied with the inheritance and the legacy
which the patriots Of the Revolution have left us
We are willing to take the Con stitufion a- .hvy
understood it, and the law as they framed and |
administered it. Is it arrogance for to ask that
you come with us there? We ask you to 90 no |
further we merely ask you to come with us and |
take counsel of the departed patriotism Of the |
fathers of the Revolution. We ask you to listen
other doings when the wounds of the Revolution
uere not healed Oyer wbap the blooJ and