The daily union., 1856-04-05
JUDGE MeLEAN'S POSITION on THE COSsTITU.
TIoSAL POWER OF CONGRESS AS TO SLAVERY
IN THE TERRITORIES

JUDGE McLEAN'S POSITION ON THE COysTITU-
TIoYAL POWER OF CONGRESS AS TO SLAVERY
IN THE TERRITORIES.
The frequent mention Of Judge MeLeans name &c the
probable nominee Of the black republicans for the pres
Disney has called to recollection passage in the great
constitutional argument against the Wot prosso made by
Gen C4ss in the Senate the 2st and g9d Of January
1850. All the time, Gen Cass understood to quote
from article prepared by Judge Mclean and present cir
revive the interest which then felt to the
opinion Of eminent jurist great constitutional
question. Ne reproduce the passage Gen Css speech
to which we have alluded Il Is a. follows:
In this connsxiou beg leave an ar.s Il
the National ntezpIcer oF December r. lsl7 this
caption. Has Congress power TO institute iavrryT II is
commended BY the editors Of that paper it, readers
the calm discussion Of nportant question from q
entitled to high respect II il entitled 70 this eommepda-
ton nth great clrarness and rgor and
il the writer culDent Judge OF the supreme Coart
from the West stated the Ohio papers at The time
and coutrEdiced viii deny that the views
entitled great respect cm the talents po-
EtiUn o The author es than from the mode which
the subject treated. The title Of The arois orId
euBhne the discuson to The o eabsbing slavery
yst h in reality discussion of the Gutbnriyf Congress
the ubect Of slavery in the Territories and enDcu-
siFs one, 1t shosI that the national Legislature have
20 right deal Hith the question.
II shows also that the wr.tsrs opinion, there is
power granted Congress b. the consultation 10 eAbh
tsrto, s Eorernmen 'SHeb power given, be says,
the District II ColBmbia and il equally
necessary in regard TO other Tsrfit les But II the
power be implied be contiuurs be limited the
end 10 view Did It ennisr complete Jurisdiction, and
it exclusive and universal Is said, IT Of
would give Congress the h, legate the subject
slavery institute well establish exclude
their dserea and al the other subjects of social
political II anivsrsa and exists all,
l. limited By the pr8eplr here laid down that iS il
results from the ey Of estabshinE social order in the
Tsroe bv th- organization of IL be
rtEbtuly rushed bJ md that peo and it a. il becomes
'desposm AID thi, equally true whsthsr ii undertake
say that TIE condition slavery shall shah exist
That question II local concern necessary the
tabshmsDt Of goEenmepts, and such sbOaid be len
the proper local authority.
" But to the quUta'inua
The true ooDstrurtiaB of TIE constitution Is, that in
piled Povsrs only b. Ia carving INTO e-ct
specific power. Ard this implication i soted rurb
admitted and eae rule II cu.trueu Il Is believed 70 B.
toe only wbich hss ben sanctioned and
the c"usuuttun. but depeDd upon unlimited de
crrtiou. And this u d-rputisa
'' Nov, th~rr y EpsCthc power IN the eanstutiou
which autboEF the oEanEatiun q territorial govern
msbt such power va Eivsn 10 relation n the District
obsr Terrpric Bat Il this po~er b. implied ton The
sp~Cbe poser given u reEulats the disposition = the pub
hc tAna "u't neot the abFs fnie Be limited 70 means
-aahe y the end 10 vie II Congress 70 beyond this IN
the EHuiraton a territorial FavsTusuG they
oui tniiatn and Say eEtabsh monarchy. Admit that
they nav orEantze government which shall protect the
lands purchased and provide for The administration jus
trce among The sters, 4 does b. fow that they
may establish siaTey. This l. relation whch b
Esd by The looal Foverpigpty. II municipal regulation
~ imited srtsnt and. nroa-av, af equsy limited
gin. " i domestic relation which the federal GOV
eruncnt can ersrcsr cutro And absve all the nsti-
tutnn ~ slavery s within sny implication uhich
da1n ir The poser 70 regulate aud dispose o. The public
lznas other property a The United A. before
marked slaves afe %" rrasd 70 the causttutian prop
ertg. They are made property By the local las"
"And boz Do the doctrines have beard advanced re-
spscng his power or mpicaanrepeated reiterated in
deed al they pail Bpou with these q Gun
stracton : let see."