Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1856-05-23
Clay ON Slavery in the Territories


We gave, a few days ago, au extract
from speech of Mr.. Webster, to show
that in his opinion slavery was local
institution, aud existed solely in muni-
cipal law 1t required positive enact
ment to make human being chattel,
while the Freedom Of man rests on natu-
raj and inalineable rights. Below We
make an extract from a speech Of Mr..
Clay, delivered so late as 1850, which for
chilly argues that slavery is not extended
10 Territories of the United States by the
constitution, and can not therefore be le-
gally introduced in such territories:
"In my opinion, therefore, the suppo-
sition that the Constitution IF the Cnit.a
States carries Slarery into Coliforn'a,
supposing her not to be u State, Is AN AS
SUMPTION TOTALLY UNwAKRANTED BY
THE CONSTITUTION. Why, If the Con
stitution gave the privilege, it would be
incompetent for California to adopt the
provision which she has in her Ccrstitu-
ton. The Constitution Of the United
States, being supreme, no State could pass
an enactment In contraventlon OF the Con
stituton. My rules of interpreting the
Constitution Of the United Sta,as are the
good old rules Of '9o, '99. have never
in my life devisted from those rules and
what are they? The constitution is an
aggregate of ceded powers. No power is
granted excep. when it is expressly dele.
gated or when it is necessary and proper
to carry it into effect as delegated power;
and if any instance tie porsr to carry
siares into the terri'ories as guaranteed to
.you by tie CoRS,tatoa, or Is an incident
necessary to tie carrying out Of any other
porer that is deLeyated to Tie Constitution,
l have been unable to preceive it amidst
all the vicissitudes Of public life and
amidst all the changes Of party. l never
in my life have deviatei from those great
r-.a-----.-i. ."d think iriisputab,y
true principles, of interpreting the Con
stitution of the United States Take these
principles to be true and where is the
power? Can anybody point it out to me,
What gives you right to carry your
slaves to California? Where is the dele
gated power TO which it attaches as ne
cessary implication? IT Is NOWHERE TO
BE FOUND. You must resort to some such
general principle as the Federai.sts did in
the early history of our country, when
they contended 70. the doctrine of general
welfare. But you c'n 10, put yoar fingers
upon any part Of the Constitution uhich
conrcys the right or po,eer to carry slares
tram one of the .Stues of the Union n any
territory Of the United Sutes. Mr. Presi-
deut,yo will remark that | am expressing
an opinion upon the power, the Cons'itu-
tional right l do not go into the question
Of how the powers of Government are to
be exercised or applied in the course Of
administration That is distinc. ques-
tion. am urging the question of Con-
stitu,ional Power Nor, sir, can I admit
tor single moment. that there is any sep
ara'e or distinct right upon tie part df'
States or indiridaa{ members Of the .Sinte,
or any portion Of tie people If the United
States, to carry sldces into 'ie Territories,
nuder the idea that those Territories are
held in common 6et,Ceen the sererM States.
Slavery is now iu Kansas, and it is
there under the assumption that the Con
stitution carries it there and protects it.
This is the doctrine Of the Pierce party.
1t is by this means that Kansas is to be de-
voted to slavery. 1t is a doctrine fraught
with danger, and subversive Of the liberty
to secure which the Constitution was
adopted. Is it not surprising that some
desperate politicians are trying and beg
ging, with tears in their eyes, for honest
old Wings, who revere the memory of
WEBSTER and CLAY, to affiliate with
the men who slandercd them when alive,
and repudiate their doctrines when dead
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