The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13
LETTER FROM MR.. CLINGMAN.
HOUSE, or REPRESENTATIVES,

January 8, 1857.
s In the discussions during the present session of the
power of Congress to egsate the Territories refer
has been made to opinions formerly expressed by me
in debate Though the effect of the Kansas and Nebraska
act in its operation to the power Of the people of those
Territories to egsate slavery is now purely udi-
cial question: yet as my opinions have been somewhat
modified by reflection the subject take this mode of
expressing them, well do within the compass of
few sentences prefer this taking up the time
of the House in the discussion of question which has
been turned to the action of the people the Terri
tories under the constitution subject the revision of the
Judiciary.
The right to egsate the Territories of the United
States has by persons been derived from that clause
Of the constitution which authorizes Congress to dispose
Of and make all needfu rules and regulations respecting
the territory other property of the United States
Others maintain that incident to the power adj
unit new States the right to prepare the Territory for the
condition Of State authorizes legislation.
neither of these clauses should be deemed sufficient to
authorize legislation then it may be conended that the
airst place, it must be admitted a settled matter
that the of the United States capable of ac-
qurng territory by treaty. conquest discovery and
holding exercising authority the But the
government derives all of its powers from the constitution
and but for that instrument the President the senator's
and members of Congress- would have no more power over
the territory than any other set of people, three hundred
number
government
of the United States is only trustee of power agent
the people of the United States and exercise it's a-
thority for their benefit As the government derives its
power solely from the constitution it go beyond
that instrument and is bound by it's limitations therefore
it could not for example in the Territory grant titles of
nobility establish religion abdge the freedom Of speech
or of the press &c
Whichever of these three of power be assumed
the true one seems clear that Congress and the Prs
dent in holding the territory, exercising jurisdiction
it only egsate the required to
the interest of the and of the people of the
United States The preservation of its property and
the protection of the property and personal rights of the
people, limit the extent of its powers. 1t is bound
however, to egislate snake needfu rules to that ex
tent
enters the Territory with his wife, child horse and
slave These taken away from him by force and he is
himself imprisoned Now ii is obvious that there should
be laws to protect his liberty and his right TO
the possession of his wife, child horse and slave Hence
follows that there must be powern Congress egsate
on the subject of slavery well in relation wives
children and horses 1t clear that the has
power to protect these rights. Can go further7 The
constitution declares that privae property shall not be
taken for public use even without just compensation
The government cannot therefore take my property or
what is the same thing release another from obligation
to me- which is in the nature of property While it may
protect, it cannot destroy personal rights.
must be remembered however that every slave in the
United States necessarily the property of person
but as the government of the United States destroy
or take away property it cannot of course change there
laton of any in these respects If person s under
obligation to for life shorter term he cannot
be released from that obligation by Congress- becaupe ii
cannot take my property by any law that it pass
whether that law to operate in State Territory In
the latter bound to pressrvehat is proectexising
rights but it cannot destroy them IT. therefore, its pow
er is limited to the preservation Of rights in being
such law as the Missouri Compromise which would de
stroy rights that already exist in certain citizens would be
unconstitutional since it might and in fact must
ry interfere with property in slaves. II TO that
these propositions the whole ground Of controversy
and hence, IL they held to be true Congress cannot
except for public use and with just compensation de-
prive any person of obligation on another or declare
that the owners right to his slave shall not be recognised
in any Territory Of the United States And Congress
has not the power ITSELF then it cannot delegate il and
hence the Kansas Nebraska bill does not carry with Il any
such power Respectfully, &c,
Error THE GLoRE T. L. CIINGMAN