Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-03-14
NEW SERIES. VOL. 10, NO. 81 Z.

| prohibited slavery in tho Louisiana territory,
north Of 36 deg 20 min rccoiyni in Tho s..
/ nate the votes offpurtnpn members from slavo-
! holding stat"e. whilo only oirht wern cast
| against it and in the House or Representatives.
! thirty -cight members from slava stn+os votod
/ forit. and thirty scvor agoinst It, 4 majority
| Of the votes from slavcho1inr states in each
| branch OF Congress. wnra TINS rivan far tho
| bill and 81 far wore the rr7sertativos Of
slavery from regarding it as having hoen fore
| ed upon them. that Charles Pincknev. ona
of their greatest and n'lest leaders, declrro1.
| on the night of its NJ ssacp. that " it was ro-
! gnrdei bv slaveholiinr states NJ triumph" d"
! a. Sill moro absurd is il In SOW thnt
the refusal Of the North m extend tho nrovi-
sions of the compromise over other regions was
violation ofits terms. or in nnv wav rala1s
| ed the parties to it from their obligation to
abide by its rquiremcnts e. II is truc
that the oston7lble author of tn" proposition
| to repeal it was n tor from free state
| but thlt fat docs not authorize the infer
| ence that the sentiment of the free states was
Justly and truly represented bv his action.
| There was. indeed, no room to doubt that it
| was condemned hv the unanimous voice Of
the free states, and that it would be regarded
| by them, and by the country Mt large. as n
very gross and wanton violation Of obligations
which had been voluntarily assumed No
matter from what geographical quarter of
! the Union it came, it was brought forward in
the interest and on behalf Of the Shareholders
| This, indeed, is among the worst of the effects
| of slavery, and among the most signal proofs
of its ascendancv. that able and ambitious
men should enlist in its service and volunteer
to perform offices on its behalf which is re-
presentatives would scorn to perform them,
| selves-frOm the conviction that. by that path.
the honor and dignitios of the general govern
nent are to be secured. The slaveholding in
terest owed it to honor and good fhitht to resist
the temptations which such mon might hold
out for the reputation Of its obligations.
TIE PLEA THAT CONGRESS HAS NO
POWER TO PROHIBIT SLAVERY IN
TERRITORIES.
III. But it is urged that the ori tinal en-
actment Of the Missouri Compromise, by
which Slavery was prohibited from entering
portion Of the territory of the tinted States
was violation Of the Constitution; that
Congress has no rightful power to make such
prohibition, but that into any territory
over which the Constitution is extended, the
Shareholder has n right, by virtue Of its pro-
visions to take his slaves.
In reply to this, we answer:
Frst-That whether the plea be true or
false it comes too late; that the slave-b holding
interest conceded the constitutionality of the
prohibition, by asserting to its enactment
and aiding it BY the votes Of its representa-
tives
Secord-That if the pleo were true. the en-
actment was null and void by reason Of its
unconstitutionalitv and its repeal. therefore.
was needless ostentation of bad faith. and
Third-That the ulca is not true. but :
directly contrary to the plain letter, as we'll
as to the spirit. of the t'ou,titution. and To
the uniform practice ot the Government from
its foundation
The Constitution declares that utLo Con-
gress shall have rower to make all needful
rule. and regulations respecting the Terrific.
rics or other urouertv hrlonrin- to the Uui-
ted States This language is very plain
and very broad. 1t imposes no Limitation upyn
the power of Congress to make rules and re-.
uatiOns respecting tie Territories. exccut
that they shall be such as are .ncedrul: and
this, of course, lies in the discretion Of Com
greSs to determine. Ii assumes that power
to lcgisatc for the Territories. which are the
common property Of the Union. must exist
somewhere, and also that it NAV most iustlv.
and most safely. be placed in the common gov
ernment Of the Union.
The authority OF Congress over the terrific
ries is, therefore. without any other limit
than such as its Judgment Of what is s.need-
lNl --pl W ilhI VIII pCst promote lUelT welfare,
and that Of the whole country, to which they
belong, may impose. If Congress. therefor,
deem it expedient to make a rule and rcsull-
ton which shall prohibit Slavery from any
Territory, we find nothing in the Constitution
which removes such prohibition from a..
sphere of it, authority The power Of Con-
gress over the Territories of the United States
is as complete and as full as that possess i
by any State legislature over territory BE-
longing to that State; and if the latter may
prohibit slavery within its own territory, 80
may the former also.
1t has been urged, we are aware. that the
rules and regulations which Congress is nu-
thOrized to make respecting the Territories
are restricted to them regarded as pronerty:
and that this clause of the Constitution con
fers no governmental power over them what
ever. But this cannot be so-because il is
under this clause that Congress does govern
the Territories-that it organizes their coy-
ernments and provides for their ultimate adj
mission States There i no other clause Of
the Constitution from which this power Of
government can be inferred as it unoues-
tionably exists, therefore. it must rest on this
provision But from whatever source il NAV
he derived, the authority to govern necessarily
implies the right to decide what policy and
what laws will best promote the welfare Of
thos. on whose behalf that authority is exer-
cised If Congress, therefore believes that
the well-being of the Territories and of the
country at large will be promoted bv exclud-
ing Slavery from them, it has, beyond all
question, the right thus to prohibit and cx-
clude it,
This view of the authority of Congress over
the Territories of the United States, is sus-
tanned by other clauses of the CONSTITUTE IN.
In the ninth section of the frs, article, it 5
declared that the migration or importation
of such persons as any of the States now cx-
isting may think proper to admit, shall not
be prohibited by Congress prior to the wear
lS0S. This is not grant Of power. On
the contrary, it is a restriction imposed upon
power assumed TO exist The language ofthe
clause lakes it for granted that Congress had
power to prohibit the migration and the i'm.