Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-05-01

II 1t can be shown by anything in the Con-
stitution itself, that when it confers on Con-
gress the power TO make all nocdlul rules and
regulations respecting the territory belonging
TO the United States, the exclusion or the al
lowance of slavery was excepted; or if any
thing in the history Of this provision tends to
show that such an exception was intended by
those who framed and adopted the Constitu-
tion to be introduced into it. | hold it To bo
my duty carefully to consider and to allow
just weight TO such considerations in inter
preting the positive text OF the Constitution.
But where the Constitution has said aH need
ful rules and regulations, ! must find some
thing more than theoretical reasoning to in
duce me to say that it did not mean all
There have been eminent instances in this
Court, closely analogous to this one, in which
such an attempt to introduce an exception not
found in the Constitution itself has failed Of
success.
BY the eighth section of the first article,
Congress he's the power oil exclusive legisla-
tion in all cases whatsoever within this Dis
trict.
In the case of Loughborough agt Blake C5
Whea., 321.) the question arose whether Con-
gress has power TO impose direct taxes on per-
sons and property in this District II was
insisted that, though the grant Of power was
in its terms, broad enough to include direct
taxation it must be limited by the principle
that taxation and representation are nsepara-
bic. II would not be easy to fix on any po-
litical truth better established or more fully
admitted in our country than that taxation
and representation must exist together. We
went into the war of the Revolution to assert
/ 10 and it is incorporated as fundamental into
all American governments Bat, however
true aud important this maxim may be, it is
not necessarily Of universal application. 1t
was for the people of the United States who
formed the Constitution to decide whether il
should or should not be permitted to operate
within this District Their decision was cm-
bodied in the words of the Constitution and
as that contained no such exception as would
permit the maxim to operate in this District
this Court. interpreting that language, held
that the exception did not exist.
Again the Constitution conicrs on Con-
grass power to regulate commerce with for
eign nations Under this, Congress passed
am act on the 22d of December, 1907, un-
limited in duration, laying an embargo on all
ships and vessels in the ports. or within the
limits and jurisdiction of the United States.
No law of the United States ever pressed so
severely upon particular States. Though the
constitutionality of the law was contested
with an earnestness and zeal proportoned to
the ruinous effects which were felt from it,
and though. as Mr.. Chief Justice Marshall
has said. Q Whea., 1922 ) mo want of acute
ness in discovering objections to a measure
to which they felt the most deep-rooted hos
tility will be imputed to those who were ar
rayed in opposition to this, | am not aware
that the fact that it prohibited the use Of a
particular species Of property, belonging al
most exclusively to citizens of a few States.
and this indefinitely, was ever supposed to
show that it was Unconstitutional. Something
much more stringent as ground of legal
judgment, was relied on--that the power to
regulate commerce did not include the power
to anuihilate commerce
But the decision was that undcr the power
10 regulate commerce, the power of Congress
over the subject was restricted only by those
exceptions and limitations contained in the
Constitution and as neither the clause in
question, which was a general grant of power
to regulate commerce, nor any other clause of
the Constitution. imposed any restriction as
to the duration of an emblrgo, an unlimited
use of the prohibition Of the shipping Of the
country was within the power Of Congress-
On this subject Mr.. Justice Daniel. speaking
for the Court in the case Of United States VS..
Marigold, 9 How, 500 says:
Congress are by the Constitution vested with the
power TO ~sulate commerce with foreign nadous and
however, periods OF hish excitement an annicaton
~ the terms 20 regulate commerce. such would em-
brace absolute prohibition. may have been questioned,
Vet since the passage Of the embargo aud npn-ntcr-
laws, ana te repeated Judicial sanctions these
statutes have received scarcely this day open
90 doubt that every subject falling egmatcly within
the sphere of commercial regulation may be partially or
wholly excluded when either MEASURE shan be demand.
NE HHHa HNfn nrHn 4f q
nation. The power once conceded il may operate ON
any and every subject Of which the legisa-
tive discretion may apply IT,"
If power to regulate commerce extends to
an indefinite prohibition of the use Of all ves-
sells belonging to citizens of the several States
and may operate, without exception. upon ev-
cry subject of commerce to which the legis-
lative discretion may apply it, upon what
grounds can | say that the power to make all
needful rules and regulations respecting the
territory of the United States is subject to an
exception Of the allowance or prohibition of
slavery thorein,
While the regulation is one respecting the
the territory; while it is, in the Judgment
of Congress, "a neodful regulation, and IS
thus completely within the words of the
gaant; while no other clause Of the Consti-
tuition can be shown which requires the inser-
while the practical construction for a period
of upwards of fifty years forbids such an ex-
cepton, it would. in my opinion, violate every
sound rule of Interpretation to force that ex-
oepton into the Constitution upon the
strength of abstract political reasoning, which
we are bound to believe the people of the
United States thought insufficient to induce
them to limit the power of Congress. because
what they have said contains no limitation.
Before | proceed further to notice some
other grounds Of supposed objection to this
power Of Congress, desire to say, if it were
not for my anxiety to insist upon what deem
a correct exposition Of the Constitution, if
looked only to the purpose Of the argument
the source Of the power of Congress asserted
in the opinion of the majority of the Court
would answer those purposes equally WE'LL
For they admit that Congress has power to
organize and govern the Territories until they
arrive at a suitable condition for admission to
the Union they admit also that the kind of
government which shall thus exist should be
regulated by the condition and wants of each
Territory and that it is necessarily committed
to the discretion Of Congress TO enact such
Co. h..