Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-12-18
who proposed to interfere with them

| WHO proposed 10 interfere Wltn tnem
and they have proclaimed their devoted and unaer-
aterabe attachment to the Union and to the Constitution
| [ trust they have
objects of interest superior to all subjects of local or
sectional controversy the safeguard of the rights Of
all the spirit and of the liberty peace and
greatness of the Republic
The President makes the same charge here,
which is reiterated in the Senate, that
Under the shelter of this great liberty and protected
by the laws and uages of the Government they assaed
associations have been formed in OF the States of in
divduals who, pretending to seek only prevent the
spread of the Institution of slavery into the present or m
ture nchoate States of the Union really named with
desire to change the domestic institutions of eostng
States"
How did he find that out ? Where is the
evidence of it 2 Sir, assert that, so far as |
know, there is no foundation for the accusa-
ton 1t is untrue.
My friend from Connecticut has found the
decision to which 1 made allusion. In the case
of the American Insurance Company and 9TH
ers as. Canter, lst Peters, p $40, the opinion
OF the Supreme Court was pronounced by Mr..
Chief Justice Marshall In that opinion is
this sentence in regard to the Territories "In
legislating for them; Congress exercises the
combined powers Of the General and of State
Government" | commend it and the whole
case to the careful examination Of my distin-
guished friend from Michigan.
Mr.. CASS. The honorable Senator will
perceive that it asserts no power. 1t does not
say how the Constitution limits their action.
Mr.. TRUMBULL 1t does not assert any
power further than this it says expressly that
! as to Territory, Congress exercises the COM
bined powers of the General and of State
/ Government. If Congress has the combined
powers of the General Government and of
State government, in regard to Territory, |
ask if it has not power sufficient to keep sla-
very out Of Territory
Mr.. CASS. No y; unless the Constitution
gives it. The power that is exercised must be
power within the Constitution, or there is no
authority for it.
Mr.. TRUMBCLL. Let US follow that up
There is no such escape for the distinguished
Senator. There is no quibbling in this opin-
ion about " under the Constitution" The de-
claraton is broad and unqualified, that in re-
gard to Territory Congress exercises all the
powers both of the General and of State
Government. Now, the Senator tells me that
even that being so, yon cannot under the Con
stitution prevent slavery Will he deny the
right Of the State Of Michigan to keep slavery
of Chief Justice Marshall, all the power which
the State Of Michigan has in regard to its own
citizens is possessed by Congress in regard to
the Territories of the United States, and if
the State of Michigan can exclude slavery
from its borders, then, if the Supreme Court
Of the United States be any authority. Con-
greSs can exclude it from one of the national
Territories, because it possesses in Territory
all the power which a State possesses over its
inhabitants, and possesses also the power which
the Federal Government exercises over the
States. When it is said that Congress cannot
exercise this power unless the Constitution gives
it, that is begging the question. The decision
of the court the language Of the Judge, is that
Congress has the power He could not say
that if the Constitution did not give it. If
the Constitution denied the power, how could
the Judge say that Congress possessed it He
had the Constitution in view when writing this
opinion. Sir, the doctrine now advanced is a
new and a modern discovery. Congress for
merly possessed and exercised this power, and
nobody doubted it. For the first fifty years
of the Government the power was mdisputed
/ 1t is new discovery that Congress does not
now possess it,
But, sir, let me resume the consideration Of
the message. The President tells US that I" it
was imputed that the measure of which he
is speaking the repeal of the Missouri com
promise, " originated in the conception of cx-
tending the limits of slave labor beyond those
previously assigned to it ; and that such was
its natural as well as intended effect and these
/ b0@lesS ASSUMPTIONS were made in the northern
States the ground of unceasing assault upon
constitutional right" Here the President in
forms us that the charge made against those
who repealed the Missouri compromise, that 1t
was intended or conceived with the purpose of
extending the limits of slavery beyond those
previously assigned to it, was bas-lcss as
sumption.
! Now what does the Senator from Virginia
! tell us ? He SAYS that under the Constitution
the South has Il right to Il legitimate expansion
of slavery, and it is the right to expand the
institution upon which he insists When we
charge that the design was to extend slavery
into the free Territories of Kansas and Ne
/ braska, the President SAYS it is baSeleSS as
sumption. The Senator from Virginia informs
lis that he insists on the right to the expansion
Of slavery Who is right? He tells us fur
! ther that the people in four of the northern
States united i'll keeping out of power that par
! ty which would have severed the Union into
| fragments How would they have severed it
into fragments, | should like to know Did
they propose TO dissolve ii /? Did they pro
pose to encroach on the rights of the States
They declared that the rights of the States
should be preserved How were they going
to dissolve the Union Was it in any other
way than this it has been stated here, to-day,
in the Senate, that if Colonel Fremont were
/ elected the | Tnop muSt bp mud ourht tn bn Dis
solved ! Because Il particular man is elected
! President Of the United States, is that any
reason for disSolying the Union?
Mr.. MASON. viii the Senator allow me
to interrupt him for moment ?