Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-24


prohibited from exercising by the Constitution
that is so; nor can it exercise any power, any
where, which is SO prohibited. A State govern
ment cannot exercise any powerip State which
it Is prohibited from exercising by the consttu.
ton Of the State; but the Legislature or govern.
ment of State can, within its limits, exercise all
powers of government which are not prohibited
by the constitution OF the State or Of the United
States; and if in legislatng for the Territories,
Congress has the right to exercise the power OF
the General and State government, 1t follows
that Congress, like State, exercise all pow
ers not constitutonally prohibited. This is the
reasoning o. the court and they enumerate the
prohibitions to show what Congress cannot do in
the Territories because of these constitutional in
functions and after naming all they can find, they
then say that as there so many prohibitions,
and this is known to be a Government of limited
powers, therefore, Congress cannot legslate about
slavery in the Territories. Sir, that is an evasion
which is unworthy of men in their position; they
must have known that, upon their own rule, il
that subject Of legislation was not enumerated in
the prohibitions, Congress could legislate upon
II as well as upon any Other subject not prohibited;
at any rate, il the cont cannot this every one
else can.
In the Florida case, which the court refer to,
and from which the quotations are made, the
present court sanction the exercise Of the powers
of Congress in legislating for the Territories to
more unlimited extent than think is warranted;
but no matter for that, as all the powers of legis
lation by Congress upon the subject of slavery in
the Territories are clearly within the definition
and rule given by the court. l shall not quarrel
with them for going great deal beyond, and
claiming for Congress legislative powers in the
Territories which may think doubtful.
But If Congress has not the power to legisate
upon the subject of slavery in the Territories Of
the United States, by what deduction of logic do
Senators contend that we grant il to any other
body of men, or to Territorial Legislature !?
Can we grant what we have not got ourselves
To contend for this would be ridiculous yet we
know that the Legislature of Kansas has enacted
laws for the protection of slavery, such as exist in
Missouri aud other States if they had any right
to pass these laws, they derived it from us; the
people of the Territory had granted them none
the people never did grant any power to Terri
toria Legislature, in any Territory that has ever
existed within the Jurisdiction of this Government
If such laws have validity in any Territory, it is
derived from this Government. In the case Of
Kansas, the power was not only not expressly
given to pass such laws, but It was expressly de-
clared in the organic act that it was not intended
thereby to establish slavery in the Territory or to
exclude it therefrom; so that no such power OF
legislation could be constructively implied to
be given in the act, and all the laws passed about
slavery, and the oaths required to support them,
were void from the outset. These test oaths cor
ruptcd the franchise from the commencement,
and this Lecompton constitution being the result
of such franchise, has no validity; yet we are
urged to admit Kansas under it, and to avoid the
appearance of giving sanction to its provisions it
is proposed to add decaratory resolution in
ycsting the people of the State with the ri hit
of revolution-a right we cannot give nor take
away. Yet this is the right our Democratic Pre-
sident says the people of Kansas will have to re-
lieve themselves from a constitution which is
odious to, and which he urges us to inlict upon,
them.
Sir, have no disposition to produce irritation
or agitation upon this question; and invoke Sen.
ators the other eide not TO stake the welfare Of
this country, not even the quiet and good feeling
of the people, upon an issue SO contemplate as
this. 1t is unworthy the attention already be-
slowed upon it--a;tention which it would not have
received but for its being made an Administration
measure, and sectional one, upon which to con
ciliate and unite the South in support Of the pol
icy of the President
Declarations have been made here from Georgis
and South Carolina, from Alabama and Mississippi
that all must regret to hear. We are told thi,
Union is to be shaken to its center upon the ques
ton whether this particular form of government
shall be established for Kansas. Senators are
crowding this measure as II some great even
were depending npon its passage. There has q O.
peared to be design of raising an excitement
for the purpose Of seeing it subside when the deco
Is consummated. There are too many arti6cia
circumstances in all these Kansas movements tc
commend them to my approval. We are moi
told that Kansas has a sufficient population tc
warrant this application TO be admitted as State
No enumeration or census has been taken TO show
this. Nothing has been done in this business a.
| il Is ordinarily done in like cases There has beer
hot haste about everything II every
thing bears but one label; and that is, politica
capital by agitation in the Southern States, where
upon such question, it is supposed they may
be made to act together; and every crcum.
stance is now seized upon to induce the people
of those States to believe that opposition TO this
fraud proceeds fom purpose hostile to them,
when, IL viewed simply as party measure, the
South viii admit that the Republican party would
gain more by their carrying Lecompton than !,
could by rejecting il. And think It is doing in.
justice to the intelligence Of Southern men to sup.
pose they can be made 10 believe that the institu-
tons Of the Southern States can be disturbed by
the decision Of question as unimportant as this,
let 10 be decided as IL may.
The people Of the South knoN that all their in.
sitntions rest upon too good foundations to be
overturned by clause about slavery in Kansas,
put into constitution by fraud and violence.
fthere Is any real causc Of difference between
the sections, 1t Is different from this; and this is
only used az pretcxt TO enlist the passions Of
men In the service Of disunion. There has been
zeal manifested on thi, question, unusual in
this body. Il has carried Senators further from
THAT regard the r,rot,rietiea of THAR noo;t;o,,