The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-31

stutonal obligation upon the President TO communicate
such facts to the Congress of the United States
la eyeryhing which has been said by my friend from
Georgia. Mr. STEPHENS my friend from North Caroline,
Mr. BRANCH and every gentleman who has spoken upon
this side of the House relating 10 the power OF Congress 10
exclude slavery from the Territories fully and thoroughly
concur, and take opposite grounds nom what ny col
league has taken denounce that claim Of power as the
President denounced IL gross and papable usur-
patton power Ii will not do for gentlemen TO refer nss
they have done and again. to that clause ia
the constitution which gives Congress power ake las
they say all needul rules and regulations respecting Inc
territory and other property OF the United States aud to
claim derive the power under that clause They in the
first place pssguoe e fe and then afterwards set aside
the clear and deliberate Judgment Of the highest court oil
this country. 1855 TG @t IA ttGg
This is nothing new to my colleague Though lie may
differ with the whole South American party upon that
point yet he has been true TO himself. From the time
first knew him he has been ant-slavery Wilmotpro
vso MISREPRESENTATION But propose now, in pass
ing along upon this branch TO examine the reasons which
my colleague has advanced heretofore upon this oor 10
establish tue cons,itutonality of the Missouri estrcop
and the Wilmot proyso. They are both based upon the
same deahe idea that there is power in Congress to
limit res,raa slavery in the Territories VIII 90 my
colleague the justice that be has never gone 70 tho
of claiming the right to abolish il in the States
Aud here Mr. Chairman you will perceive that the ma
ture of the power is the in both IL Congress-
have power abolish slavery in the States because OF
the constitutional grant, there is the want OF
power in regard 10 the Territories And have at last
to fall back general proposition-some general
dsryatve power My colleague that there Is no pro-
vision OF the constitution which prohibits Congress from
legssng the subject OF slavery the Terrtorss ana
be dees any one 10 show him the provision which orbes
iLn Where SIR does my colleague get his notions OF con
suiional aw2 Does be regard the Congress OF the Un
ted States the representatives Of great federal govern
ment unresrained in i,s power except by the Limitations
to found in the constitutional You must look to the
constitution for limitations of powers IN the States be-
the States themselves were the time OF its forma-
ton sovereign nationaes But do you look TO the con-
suton find ont what the restraining powers so far
the general government Is concerned No. SIR you look
where the grant of is If there be an absolute
grant of power then the federal has the pow
eroherwise il has not Now, sir let me refer to the
views of my colleague on that point. ,Eaf n prs
In lS4o my colleague certain letters under the
signature OF Hau pdenletters of which he has aeknowl
edged himself to Be the misunderstanding the power of
Congress adopt the Wmot proyiso we as the con-
sutionality Of the Missouri Compromise of 1920 VIII
read of these letters TO show what was
the doctrine of my colleague at that timer t aa
Now have yet, from any source, in any discuss
on by effort been able TO get one opponent Of this
Of Congress Ito the Wilmot proyiso to put his
by mplicaon orbds Congress to exclude slavery from
Territory ase 5se w se5iia4 sah --Ghls!aRa 81
Sir is it possible that have to meet with 50
ignorant of constitutional law TO claim power in Con-
gress to do anything and everything which is not ex-
pessly prohibited by the constitution Why sir even in
the days OF bueght federalism have not been able 10
find the political ritter who claimed that this federal
government far unit as TO possess all power not
expressly denied to it BY the limitations Of the constu
ton thought that we bad been before the adoption of
the constitution separate distinct aud independent
eregnes and that we came into the federal Union only
for specific purposes. =, u. 3 y@ a& 49, ma @$
i tO
nation Of this great question of the relative powers OF the
federal and State governments The subject has been al
ready exhausted BY those who have preceded me- By,
from any protesting to be constitutional lawyer
that Congress has all the powers Of government unless
there restrictions expressly to be found in it's imia
tons The reverse Of this always been considered the
position Of the federal compact There must be
absolute and uneqnivoca grant of power in the const'u
ton Itself and if there be such grant, then the power
does exist The constitution tisrue contains linz
aons The powers Of the States and in some instances
limitations the powers Of Congress but in these lat
instances they always made to prevent conclu-
sion foregoing expressly granted power and are de-
signed prevent enlargement Of the power granted by
constructive implications.
Now sir when there is express grant in the cons
u,on the powers for carrying out that grant clear
y given the grant itself An implied power 70 carry
out grant just much granted power the orig
nal grant itself Is one of those things which, being ne
cessay and appurenant to the grant, must 80 along with
feel no surprise at tho of my colleague when he
maintains the doctrine that Congress has the to
the Wmot proviso or the Missourrstrcticn bill. u s
no doctrine with him. he has maintained 1t all hs
life, since have known him, and am willing to give
him credit for his consistency this respect least But
havea right 70 quarrel with bis logic no matter how
much l may respect the man and when choose TO find
fault with hslogc must claim the right to express sur
prise that he has shaped hs reasoning to meet the crisis
which surrounds the constituency Of BOTH He has
ont of the way to find conclusions against the when, by
following the well beaten path of logical deductions he
might have found ample supplies to have reinforced those
of them who have been oil the time struggling to maintain
their equality with the other great States OF this coueder
acy sris rE
But my colleague by way of laying great stress his
Interpretation OF the constitution in this respect says in
that same Hampden letter. 0n the contrary the consttu
ton gives Congress- expressly the power to make all need
ai and regulations respecting the territory and other
property OF the United States Ay, sir is this SO ask
my colleague turn that clause in the constitution and
read it again 1t says "The Congress shall have
power to dispose of and make all needful rules, &c. Why
did my colleague leave out those words dispose Off
Why did he, when he making an argument as con-
stuonal lawyer leave out these words, significant and
full of meaning they are2 Who heard of the
words dispose or being used TO denote the establishment
of territorial government Who supposed they were
intended relate to political powers political rights in
any sense whaiever2 Dispose of a govcrnmentl Why,
SIR the idea is absurd, ridiculous incomprehensibe ask
my colleague then, why did he leave out these words
when he wrote and published his Hampden letters They
the key the text and unvci every mystery that
hangs around its construction 8nas
But il useless to argue this question further or
what avail il for gentlemen argue against the decision
of the highest judicial tribunal in the country That
question has been distinctly settled by the Supreme Court
of the United States That has said in the Of
the United States Gratot and Others (3h Curtis, p
CAT that the term territory used in this clause of the
and is equivalent word Nlands' The term errito
n used here merely descriptive Of the character of the
property designated And when the gentleman rom ONO
Mr. BIEeHAM goes into elaborate argument as ne pas
done this morning. upon the terms rules and
as used in the constitution turn him over to the decs-
ion of the Supreme Court just referred to- But sir care
but little for the opinions of black republicans care put
little the opinions OF know w-nothings care sun
less for the opinions OF who following IN the foot
| steps of II r,ord Convention disunonsts
Lord Coke ssye "There preccdcns TO be followed,
nd alan To be avoided and choose to avoid