The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-03


OF the United States was under peculiar circumstance
free gift of sovereign State to the other States OF
new conederacy contend that this State had per-
feet right dyest herself of the saveholdng right which
she might have exercised that territory and which
sue continued TO maintain within the limits of her
fegny and surrender that portion OF her domain ON
tie mere condition that il should be free with uterior
view to her own advantage and personal security
end sir that CONGRESS- under the inevitable pressure OF
he freeerrory condition attached 10 the donation Of
Virginia had nothing TO do far she concerned,
but 10 make the regulations carry out the intention
and subserve the condition of the donor contend ai
ing the compliance with such intention and condition ON
tbs part of Congress that had single individual Ia con-
sequence OF such faureclmate climate soil or no
sogone into that Territory to settle with his slaves Vr
gna would have had the right TO reclaim the grant, and
ths Territory itself would have reverted to her prs
dction.
But whilst contend for this ALSO and most srenu-
ously that the action of Congress- under the spe
tc clause of the constitution termnatve IL
turned upon the making OF the ncedul rules and regula
tons for which Virginia had by implication stipulated
ia order 10 make free Territory, thus giving body and
vitality her intention and securing the object which she
bad proposed herself in surrenderng her sovereignty
tbs SOIL contend that neither the clause Of the con-
stitaton be quoted authority nor can the egis
ation of Congress- under grant of power in specific
case be invoked precedent in connexion with the right
allow or forbid slavery IN Terriers, M wach nad no sa
suppose hemwhen the grant Of powers in relation to
northwestern Territory MA do by the trainers and car
fled cut by Congress contend that the Territories
which hare since come under the Jurisdiction OF the
United States-frcm the acquisition OF Louisiana 70 the
organization Of Kansas--by whatever tenure held or
process acquired exceptional facts-facts arising
since tho establishment by Eirginia's spontaneous
act Of free northwestern Territory, the interests OF
which, in stscia reference to slavery committed to
with the conditions of Virgina the precept OF the consu-
tuition, and the provisions of Congress contend that
those Territories occupy position absolutely radically
different OF the Northwestern Territory they
gift of any State to the other States subect TO
restrictions in the of conferrng the boon but the
common property Of all the States acquired ~ common
prtr hlf,CA
original property, State has any natural
ot inherent right to prescribe prescribe slavery In ro
gard to them. contend that on this question q sapay
ganizaon their people sre unrestricted BY any eons
onal inhibition and that sastic, lndaubber pro-
extension should be exerted bring them under
the provision Of the constitution which, far the in
suton of slavery concerned in the territory Of the
United Statesn framed in compliance with the cen-
dition imposed by Virginia. and which found Its due AND
limited application in The legislation Of Congress
But these sir though they carry slight weight are
side considerations Let to the constitution IL
SELF TfG, instrument sir, gives power to Congress to
make all need rules and regulations respecting the ter
rtory other property ct the United States Does TINS
contemplate the surrender to Congress or Inc sovereign
power of the States and people over the hat
were violent construction of the instrument 70 say the
least that would authorize the assertion OF the iact ana
whyf Because sovereign vested in the ana
in the States and neither the people nor the States nave
deested such power Congress Such surrender or DEL
egaon is not to be terred 1t must be G0 TO
the powers enumerated in the constitution and II cannot
gress shall have power borrow money on the cred OF
The United States If money needed Congress mas
to borrow II under the delegation ot that
with foreign nations, and among the .orolgn
States and with the Indian tribes Why this Because
there necessity for indeed was one OF the maiu
necessities which converted the Articles of Confederation
into the constitutional compact Nowhere IN the enumera
tion of the positive powers there be found any grant
to Congress the power govern the Territories Slave
ry was domestic Institution of all TIE States when the
declaration made and Of one half OF them vt the Time
o the adoption of the constitution There was no neces
sty to declare that slavery should not to the territory
because that closed question before the convention py
the treaty with Virginia Congress has only the power 70
make all needul rules and regulations respecting Inc Ter
rtory other property of the United States Inc power
govern the territory with the people, uOt wtn Jon
gress. 1t that the man who wishes 70 arrive
at the truth has only to read the past history Of our coan
try be satisfied that the position which take tAe
true one. tsa 88ta
Turn to the pages Of that history sir and it win point
out to you when this question Of the right o. Congress 70
govern the Territories first presented itself 1t was not
heard of before the acquisition OF Louisiana under treaty
spuations and when Congress passed the Missouri Com
promise they did it in violation of the supreme law OF the
land The constitution and public treaties the
law of the land by express provision OF the law
The treaty which now hold made between the United
States and the French republic stipulated that the people
of the ceded ory should be guaranteed the
of all the rights advantages and immuncs Of citizens OF
the United States and "be maintained and protected IN
those rights that of holding slaves The seeded terri
tores extended beyond SO deg 80 min OF north latitude
Congress- therefore, in derogation OF tnat trea
raised the character of supreme law of the land had
right restrict its operation and declare that slavery
should not exist north of that line. ~
The States and the people of this vast republic had
guaranteed this and they pledged to us OF the Louis~
Territory vndcate rights under the supreme
law every of which extended to the uermost
verge of the province which it ceded whilst Its spua
tons ample to the right of the most remote
and isolated squatter to property in his slave And here
sir have strange contrast AS Congress kept faith
with Virginia. one of whose conditions of grant was that
the Northwest Territory should be reeso In the Missouri
restriction they broke faith with France by Withdrawing
from the guarantees of the treaty portion OF the ceded
territories which she had left open to slavery.
Mr.. LINDLEY Is the gentleman in favor OF all the
provisions of the Kansas Nebraska bill 2
MIR. DAVIDSON. ! will reply to the gentleman when
come to that part of my argument.
Mr. LINDLEY. ask the gentleman with view to an
other nerrogatory He speaks Of the treaty with France
being of the supreme laws of the land Now in the
Nebraska bill there is provision that nothing in IT con-
tanned shall be construed put in force though the
Supreme Court may decide the Missouri Compromise un-
constitutional the laws which existed prior TO the ac
anisition of Louisiana II the Missouri Compromise was
violation of the supreme law Of the land was not tns
Kansas- Nebraska bill also violation of that lawf
Mr.. DAVIDSON l will the gentlemans inter
regatores when reach that point of my argument. l
have discuss what consider to be grave const-
tutona question. 1t is my determination to look at "
calmly and deliberately say that this assumption that
Congress has the right govern the Territories never was
preferred until il found necessary to enact the mis-
souri, Compromise That compromise, hold, invaded the
supreme law of land and violated the good faith OF the
of the States people OF the Louis
ana Territory Where the necessity for such measured
Did the South for IL Did they ask for the restric
ton which imposed2 No. the South never asked FOR IT
The South has been willing at all times, that when SUI