The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-02

constitution say they settled then in this victory that
principle and approved the doctrine asserted by the de-
mocracy, that s people Of me Territories and NOT Congress
shall regulate these matters.
But says the gentleman from Kentucky the democratic
erritories shall exercise this right This l. rue SIR and
that Is the only remaining question to be settled and it Is
which the people could not settle by this election II is
that is settled by the bill ITSELF but expressly sub
jecng the exercise of this power constitution of
United States and il only be done in accordance with
its provisions it not strange therefore, that there should
be diversity Of opnionsnot only North but South, not
only among democrats but among the members of the
American partyas to the powers possessed by terrific
rial legislature under the constitution in regard to this
question hold, str, that TO be question which Con-
gress power settle by law Suppose that the
power had been given In the Nebraska bill the terrific
rial legislature to prohibit slavery had done So and
the question had been made upon the power thus exercised
and submitted to the Supreme Court and it had been de-
oided that the territorial legislature under the constitution
had passed law which unconstitutional; your
authorizing it to be done would be mere nuility Or
suppose you had provided in the bill that the territorial
legislature should not prohibit slavery and notwithstand-
ing your law, they had gone and passed act
your heads prohibiting IT, and thus the question should be
made before the Supreme Court and il decided that
the territorial legislature could not constitntionay pass
such law your in that also would be nugatory
You can therefore, neither add take from the powers
which may exercised under the constitution by terri
toral legislature by any act which you may pass
Mr.. II. MARSHALL. ! desire to ask the gentleman q
question FL s.- rU t7tft q
Mr.. CRAWFORD, cannot yield the floor as have
only ten minutes left me- In this onnexion have only
say that the territorial legislature either has the power
under the constitution to exclude slavery has not if
has the power you could not take it away by act of
Congress and if ii has 1t not then you could by act
of yours confer it. Upon such question do not think it
strange that should differ but have the satisfaction
to know that mems opinions cannot alter the constitution
In conclusion, wish say tina. do agree with my
friend from South Carolina Mr. ORR, my friend from
Tennessee, Mr.. Smith, who denying the power to
think that the right to prohibit slavery by territorial
legislature is of very great practical Importance laws
needed for its protection, which, If majority be OPP
posed to the institution win not be passed. and thus will
not go where the proper securities are withheld On the
contrary hold it is important that territorial egisla-
ture shall not exercise power which 10 both unjust and
UNCONSTITUTIONAL The only time at which sovereign popr
be exercised by the people Of Territory is in
alton Of State government and other. Congress
itself does not that sovereign osce and of course
it cannot delegate that which it has not ael h
The republicans hold that Congress has power pro-
hbit slavery in the Territories and in support of that
view call to their aid the ordinance of 1881 That
passed by Congress Of conederated soveregnes and is
in the nature Of compact between Virginia and her
soveeigntie and the exercise OF right which was
not denied her by her constitution the Articles of
Confederation her own will therefore was her only law
How different the powers Of this Congress- controlled,
fixed, and limited by written constitution which is our
only charter either of authority existence permitted to
certain granted powers and such Others as may
be necessary carry them into effect And this is the
full extent Of congressional power All Others by the in
strumen ITSELF reserved the States respectively
to the people and tenacious were the States that
rights not grented might be exercised that the cDnstitu
ton amended by adding that he enuncation in the
constitution of certain rights shall not be construed to de-
FORE all the legislative power which possess is provided
for in the constitution and find that reference is
made this then it cannot exist At the formation OF
the constitution slavery existed In twelve out Of thirteen
States express provision made for Its protection In
each State by requiring fugitive slave escaping into
to be delivered up and it was also provided that
no State into which fugitive might thus escape should
pass lau or make any regulation discharge slave
from his condition such Provision made for its
representation and the States were liable for Its taxation
to that extent property Here then will be observed
that in this threshold aspect Is reference made directly to
the subject a6rs s property second domestic rea-
ten of service o. labor under the lay of State and
lastly, as a basis of political power I
How strange therefore it does that any one who
will the subject should conclude that Congress
remembered that all the constitutional provisions look to
its protection And notwithstanding all these it is boldly
asserted that Congress has the implied to abolish or
prohibit it in the Territories The republican party claims
this power Congress and insists that slavery Is section
al and anti-slayery national and thar therefore, egsa
ton should keep it from the Territories II these men mean
that slavery exists only in certain section of the Union
then they right but If they to say that it is made
sectionaby the constitution, then they wrong and to
this only necessary TO reply that may ex
ist In as States none and that without any alter
alton of the constitutions and well was this provided
for that all the guarantees which slavery needs will nure
at once the Shareholders upon the adoption of that nst
tuition by any of the States New York might determine
tomorrow establish slavery and If she did all the rights
which shareholders Georgia possess would be at
secured those of that State and she would be entitled
ALSO the threehs representation on this foor ALI
once therefore, the utter absurdity contained in
the doctrine that slavery is sectional Under constu
ton may exist throughout the country or nowhere in
but should it exist matter where the constitution
and protects it. And the great principle lying
ct the foundation of this whole subject Isl that sovereignty
alone has the power create destroy IT. and this atr
butte is possessed neither by Congress- nor the terror,a
LEGISLATURE which is but the creature OF our will And SIR
when speak of sovereign power mean such as that
pnia exercised in the ordinance OF 1857 and which sne
possesses to day this subject IN me Territories me
erent of the interest ohich she State s.sstn
When therefore, it is claimed that Congress under an
implied power pass law to deprive the citizens OF
oneha States Of the enjoyment Of their property upon
territory which is held by the for the common
benefit Of all deem II draft upon the stupidity and
ignorance OF The people which they will honor
Having endeavored to show that Congress has no power
think il equally clear that the territorial legislature has
has SO long disturbed the country has at last been found
In the Kansas bill which has been submitted to the Amer
lean people and by them approved, The differences Of
opinion that law furnish just ground for its re-
peal Shall condemn IT because differ as to its con-
struction Upon that rule might condemn every act
which Congress- has passed and more sir we might for
the same discard the great Book of Inspiration it.
self as worthless because there were different constructions
put upon its sacred teachings gdt e&l9eMb tssa.t
The gentleman from Ohio Mr. NIcHoLsl who has just
taken his seat showed to call made for democratic
meeting NORTH in which the friends of Buchanan
Breckenridge and free Kansas, were invited to attend
That very many who voted for Mr. Buchanan in the
sort of doubt STILL it is equally well understood that
they want the people of the Territory to determine this
Question for themselves and that they shall be left per-
tv free upon the subject without any interference
by Congress. ~ ao,,.x. a.. a. -,
So tar az am concerned ~. uecare snat 20 nov
ask of northern democrat that he shall enuv - e TT
ray of slavery all that want him to do TO give me