Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-12-26

were OF legislative poWCrs dhd successfully
as they resisted il and they were not the
. men to enact upon this continent the oppress-
i've power claimed by the Parliament Of
England. Adjourned.
DEcFMBER IL.
Mr. Revordy Johnson made an argument
for defendants He stated he should address
himself mainly to the question Of the consti-
tutionnty Of the Missouri Compromise
First, however, he attempted to show that
the Constitution Of the United States was
never designed to consider black men as cit.
liens. 1t maintains throughout that man can
have property in man, and so socred is this
description Of property that the Constitution
pledges the force of the Union to protect it,
The State of Illinois cannot legislajo on
: this or any other subject for the citizens OF
Maryland. Regarding the Missouri Com.
PROMISE, he commended thut if Congress has
the power to prohibit slavery, it has the pow
err by implication, to establish it, irrespective
of the consent Of the people in that terrific
ry. 1t is true that the Missouri Compromise
was adopted TO settle what was then cousid-
cred a condition Of things fatal to the Union
unless settled. But what gives the power to
prohibit it Z In the first place, no power exists
10 prohibit except in the Legislature The
President has 1t not. The Judiciary have il
not. What power has Congress- Il is
body Of legislators, representing the people
for all purposes of Legislation, and 10 exert
the powers conferred by the Constitution. IL
had been assumed by some that power grant.
cd IN the Constitution was applicable TO the
principle OF domestic servilude.
I Thls assumed, 1t follows that ,hc subject
is IN the grasp Of legislative power. Slavery
existed IN most Of the States at the time of
the adoption Of the constitution, aud promis-
es to do 80 through all time. II may be that
the continuance of the prosperous condition
OF country like ours depends more or less
upon this institution. Ifiha nower Is nra,,,.l
! 10 Cnng-o-s, q exists in the section Of the
Constitution authorizing the acquisition of
territory by conquest, or by treaty; and af
forwards the power TO dispose Of, or regulate
It. II WINS not intended that territory thus
acquired should be managed in any other way
than expressly provided. Nor would il fol.
low, # the existence Of territorial laws was
not negative Of the power to govern the
territory, that the power given would not be
subject to certain limitations. II there were
such general, sweeping authority TO legs-
late, Congress, it might as well be contend
ed, grasps every legislative power. But the
result Of such an unlimited power would be
TO bring about state OF things inconsistent
with the foundation ofour Institutions. Chan .
cellor Kent tells us: IT, therefore. the row.
eminent Of the United States carrios into ex-
ecution the project for colonizing the valley
of Columbia river, 1t would afford reason for
grave consideration of the destiny Of that
country. Il will be a long time before II Will
be erected into States and depending upon
the doctrine OF the laws of Congress. and
even upon the Judicial decisions of the Su-
preme Court, lbese colonies will be IN state
Of complete subordinatlon, and MS dependent
on the will of Congress as we had been. had
Parliament succeeded ia bringing us 90 lis
Will" Such IS not congenlal with republican
Institutions. All the Legislative power lnten-
ded to be given TO Congress was supposed.
at one time, 10 be embraced in the eighth
section Of the first article ofthe consti ution,
but there Is not word ~ that section giving
power to prohibit slavery. In the clause giy-
ing all neediul power to make rules and req
ulations for the government and territory of
the United States, it is apparent that the
term territory" Is used as synonymous with
property. Again, Congress has the power to
dispose OF property, meaning TO get rid Of to
SELL etc. This might not be done at once,
and It becomes necessary, until that end is
accomplished, that Congress shall have au-
thority to make the needful rules and reguia-
tons for It's government as property, but not
to prejudice the claims of the United States
or of any particular State.
This being the case, on what ground can
the power TO prohibit slavery fall within the
power communicated to Congress He could
but one. The most useful DISPOSE.
ton, and the hypothesis that the exclusion Of
slavery enhances the value of the lanis to be
disposed Of. Suppose such to be the NEST
valuable way 10 dispose OF property SUP
pose Congress has such power What pos
sble doubt can there be that variety of
things may be done to accomplish that end
and more efiectually?
Slavery strikes at the fundamental prin
ciples of our government 1t is important
that we adopt some rule or regulation TO
strike at the root at once. Prohibiting It
in the territories will not do, for Southern
men 60 there, waiting for the good time to
come, for the question Of State organization
TO arrive. Northern men 60 thinking the
time shall come When this sin visited land
will be dedicated to God and freedom.
The most needed course would be to
prohibit Southeners from settling, and
Norherners from going, or pass law that
no Southern man be permitted to buy mo-
gro that no Southern nan be permitted 10
emgrate to the new territories and settle -
He has leopard spot upon him which NAV
prove contagious. The most certain way is
to deny him the right to emgrate, or let HIM
swear he will never attempt the introduction
of slavery into the territory. Either of these
rules will accomplish the end much better
than the rule desired. There exists IN Con-
gress, under that clause, no authority for
such unequal dlsparaging and insulting leg
islation Il not under that clause, upon
what conceivable grounds can the authority
for this law be placed? Il is necessary To
govern the territory, but is there no limia-
ton to the power given Congress lfthere is.
where is thnt authority ? II seems to be
the doctrine that the Constitution does not
EXTEND TO territories, pregnant with startling
heresles II Is the doctrine of the conquerer
and is old as Nimrod.
The people OF the South do not stand in
the relation of servants to the North. They
stand where the Constitution placed them.
equal IN the sight of God and men. And
now let me inquire where, except in this
doctrine of the conquerer, Is 1t possible to
maintain this power under the Constitution
of the United States. 1t is the law of the
strongest attempted in the exercise of the
conquerer's right. The States, collective.
constitute the United States.
The absolute, uncomfortable equality Of
all the States is stamped on all the features
Of the Constitution. Sovereignty means the
right to act upon any question upon which
any other sovereignty may act. Mr. John
son inquired how came Congress to pass the
Compromise of 1920? 1t was nothing but
a division of this territorial dispute.
The South contcnled herself with being
satisfied, if slavery was permitted to go to
The line. 1t was a compromise Of principle,
necessary to the existence of the Union.-
A compromise OF EACH rather than each ad.
hearing to his idea and peulng the existence
IF Union on which the world looked with
aud not any authority for courts
If justice.
He concluded with an eulogism upon the
ligh character and justice of the Court, and
4 tribute to The Union. Adjourned.
DFC. lS