Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-07-02

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there possibly be 20 cur power Inappropriate money
OUT ofthe public Treasury. The difference between
this Government aud State goVernment-and that
is proper TO be marked il considering this question
-is that the General Government is one Of limited
and enumerated powers; we can as q Congress, in
reference to the States exercise no power that we
cannot show in the Constitution to be granted to
TIE state gOTernments stand exactly the reverse
Of that position. They have al the powers .F6ieh
their constitution does not prohibit aud if their coh
ttitution does not choose to prohibit any powers
sheu 50 far as relates 70 their character Of Sstes
they are uuder no limitation Of powers except those
expressly forbidden By the Constitution Of the United
STATES Standing in this relation, l an Of opinisD
that our powers are entirely adequate, unqRestiOn
ably So to grant money out Of the public Treasury
for purposes peculiarly beneficial 10 the Territory
SIR upon what other princiPesis it that We take
money cat Of the public Treasury to pay for the or
binary expenses Of Government IN one Of our Terri
toliesf You establish territorial government; you
appoint Governor and judges TO preside over dis
tant people living within ferritory, That IS FOR
the service Of the people there that justice may be
administered aud order preserved, aud il is Pecu
harly for their benefit; and Jet do We say thai We
take money oaf az the pubic Treasury TO pay
tue salaries Of the officials By whom We exercise
Government there That is directly for the benefit
Of tho Territory as edueali0n Would be- We are in
the common exercise Of that right. Even under the
powers conferred upon Us as Congress Of the Uni
ted States, We do that. Can not do the sane
thing in relation 70 grant Of money 70 this Terri
tory for another purpose that We think inures TO
the public benefit, peculiarly TO the District Of Col
umbis, but incdsRtly 10 the benefit Of the Whole
Union with which We are ocnnectedf l cannot see.
confess, When look az this question on the ro1nd
OF Judicial authority, the ground Of Legislative
authority, upon preeedenls entirely anslOgOus 10
the present, any reason which 20 hang doubt
ste the power Of The Government
The only other point is as TO the expedieney; and
upon that every Senator can judge for himself
think 1t is sxpedient. thiak, with thu Senator
from New York, thai it is ehssper for to educate
these people than 10 pay the cost Of their Ignorance
and their crime afterwards. Il is cheaper to edu-
cate than It is 70 suffer the Consequences Of igno
rance. [ shall not enter into this question Of
Pediency Every gentleman viii act upon his ogn
judgment in regard 10 il. I think We could not
make more judieiOus appropriation All the
States are in the habit Of making such appropria-
tions They put their hands into the Treasury to
establish schools eYeryEhere; in counties which
furnish no revenue above their ordinary local ex
penditures, which put no money, in fact, into The
Treasury, we'll as IN counties which do put money
into the Treasury. There are, l venture to say, in
the State Of the honorable gentleman from Telnes
see as well as in my Stale counties that do not pay
cent into the Treasury; and there are richer
counties which, alter defreying their own expenses,
have surplus that goes into the General Treasury
Of the State, and which forms its whole fund; and
that fund they takeup and apply everywhere; not
10 reference 10 the Contributions ma1B-Anah LAOQe
would be entirely useless; for yOu might as well
leave every man 10 educate his own children, and
give no public encouragement Whatever TO general
system Of education. Il is useful ia another point
OF view and perhaps more useful than evaRi in the
mOneyed consideration; IL gives dignity 10 the
system; it gives dignity to eduestiOn It Is an ex
ample to parents, standing lecture TO them to send
their children TO school Such laws, il seems 20
me, have operated in very salutsry manner
am in favor of making the appropriation The
amendment has for It's object to strike 1t OUT and
shall therefore vote sgainsttths amendment.
Mr. JOHNSON, Of Tennessee. wish 20 put an
interrOgatory to The honorable Senator from Ken
tucky; and he knows thai DO it for the purpose Of
being Informed, and with all Fespectt0 him.
MF. CBITTENDEN. Certainly; 1 will answer
any question Of the gentleman with pleasure.
Mr.. JOHNSON, Of Tennessse The Senator,
understand, assumes that We can exercise here 81
power which the State Of Maryland could have esx
ercised the territory before it was ceded and
that may, besides, exercise all the power con-
ferrei on the Federal Government by the constitu
ton OF the United States Putting these tive TO-
getheT, he draws the conclusion that eur power
over this District is absolute. Well, sir, The
constitution Of Maryland, when she eeded the Dis
trict TO the Federal Government, provided IN this
forty third article, The Legislature shaa not pass
anv law abolishing the relation OF master aud slave
as it no stands in the State. Now, all the power
hdt is conferred on the Federal Government by the
Constitution it can exercise here, together with
/ whatever the State Of Maryland could exercise.
desire, then to ask the hOnorsble senator whether
hatbeiug the provision Of the constitution Of Mary
land Congress has power to abolish slavery in the
District Of Columbia? put this By way Of llus
tration Of the principle
Mr.. CRITTENDEN. win answer tie gentle
man with great pleasure. said that the decision
Of the Supreme court oil the United STATES had been
that this Govern ent could exercise in TesritoTy,
only lis OHn proper powers, but that it stood in
the relation Of State government, not the Stale
government Of Maryland, not the State government
Of Kentucky, or Of Tennessee, but that il Stood to
tin the general relation that State government
stsuds to the people Of a State. Nov the gentle
man is quoting the constitution Of Maryland on me,
aud assuming that that is the constitution according
TO which our powers are % be exercised IN relation
70 this territory. Instead Of tskingit in that par
ticuar way in reference TO any State he is to take
/ itin general, in the general terms in which the
/ court decided, and which used We stand TO 3
Territory not merely in the relations established
between this government and State, but with all
the powers that are given to Us BY the Federal con-
! sitution and in the relation Of state besides.
\ Now the question is not What State has done but
/ what it may do / havs heard il intimatsd here
that State may have no constitution at all Il
/ has been often said in the Senate thai We nay ad
nit q State without a constitution. express opin
/ ion a that; but we stand TO Territory in ths
relation of State, with just such constitution as
We please to imagine State constitution to that
it be in aFepuhlican form. II is not The Maryland
/ constitution or the Maryland laws that We ere 10
enforce, bat we may pass whatever laws, under any
constitution State might pass IN reference 70 the
1 people of that State rHis is my understanding
/ Mr.. JOHNSON, Of Tennessee The Senator un-
! derstands this question no doubt better than
do
Mr.. CRTTTENDEN. / do not profess to do so,
and have really answered the gentlemen 70 the best
Of my ability
Mr.. JOHNSON, Of Tennessee. I was asking for
| information II / understand the honorabls Sena-
tors answer now it is that Congress, while acting
for the District occupies the relation 70 itthat
the Legislature Of Maryland did before 1t was eeded
| TO the Federal Government.
Mr.. CRITTENDEN. No, sir /; that is not my
position
! Mr.. JOHNSON, Of Tennessee Then that it stands
as State Legislature does to the people Of State.
The Congress Of the United States stands in the re-
lstion of Legislature to the District Of Columbia,
supposing the District to be State.
Mr.. CRITTENDEN. Perhaps can make myself
alttle better understood by another suggestion. Il
stands in the same relation that State does to the
peopls Of a State-that is the decision and language
Of the court Now what is State in reference tC
this natter Ststeisa body p0liticthat has powers
to make any laws il pleases not prohibited by the
Federal Constitution, and to make any constitution
it pleases provided it conforms to the inhbitiOns o
the Federal Constitution. That is our position TO-
wards the Territories with power 70 lsgislats
please 20 make constitutions We please In regard
To the Territories, IS a State might change its con
stitution and enlarge lis powers aud diminish them