The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-28
Federal Government; showing that it possesses

Federal Government; showing that it possesses
no powers except those which are delegated,
enumerated, and defined in the Constitution;
and that all other powers are either prohibited
altogether or are reserved to the States, or to
the people. In order to show that the pro-
hibited, as well as the delegated powers are
enumerated and defined in the Constitution,
the Court enumerated certain powers which
can not be exercised either by Congress or by
the Territorial Legislature, or by any other
authority whatever, for the simple reason
that they are forbidden by the Constitution.
Some persons who have not examined crit
ically the opinion of the Court in this respect
have been induced to believe that the slavery
question was included in this class of prohibit
ed powers, and that the Court had decided in
the Dred Scott case that the Territorial Legis-
lature could not legislate in respect to slave
property the same as all other property in
the Territories. A few extracts from the opin-
ion of the Court will correct this error, and
show clearly the class of powers to which the
Court referred, as being forbi den alike to the
Federal Government, to the States, and to the
Territories. The Court say:
"a reference to few of the provisions of
the Constitution will illustrate this PROPOSE
ton. Fol example, no one, we presume, will
contend Congress can make any law in Ter
ritory respecting the establishment of religion
or the free exercise thereof, or abridging the
freedom of speech or of the press, or the right
of the people of the territory peaceably to
assemble, and to petition the government for
the redress of grievances.
| "Nor can Congress deny to the people the
right to keep and bear arms, nor the right to
trial by jury, nor compel any one to be wit
ness against himself in criminal proceeding.
So too, it will hardly be contended that
Congress could by law quarter soldier in a
house il territory without the consent of
the owner in time of peace; nor in time of war
but in manner prescribed by law. Nor
could they by law forfeit the property of a
citizen in Territory who was convicted OF
treason, for longer period than the life OF
the person convicted, nor take private property
for public use without just compensation.
"The powers over persons aud property, OF
which we speak, are not only not granted to
Congress, but are in express terms denied
and they are forbidden to exercise them. And
this prohibition is not confined to the states
but the words are general and extend to the
whole territory over which the Constitution
gives it power to legislate, including those
)portions of it remaining under Territorial
Governments, as well as that covered by
| States.
alt is a total absence of power, every wher,
within the dominion of the United States, anC
places the citizens of territory, so far al
these rights are concerned, on the same foot
} ing with citizens of the states, and guard
them as firmly and plainly against any in
, roads which the general government nigh
) attempt, under the plea ofimplied or inciden
, tai powers. And if Congress itself cannot d
this-if it is beyond the powers conferred o.
= the Federal lGovernment-it it will be admit
t we presume, that it could not authorize Tel
rltorlal government to exercise them.
Q could confer no power on any local govern
8 ment, established by its authority, to, violat
f the provisions of the Constitution
Nothing can be more certain than that tn
: Court were here speaking only of forbidde
t petcers, which were denied alike to Congress
s to the State Legislatures, and that the prt
o hibition extends "every where within the dc
}, minion of the United States," applicable equa
d ly to States and Territories, as well as to th
s United States.
+ If this sweeping prohibition-this jus
but inexorable restriction upon the power
= of government-Federal State, and Tel
q ritorial shall ever be held to include th
It slavery question, thus negativing the rigt
of the people of the Federal Governmer
g g to control it by law (and it will be obser,
o ed that in the opinion of the Court 18th
e citizens of q Territory, so far as thes
y rights are concerned, are on the sam
e footing with citizens of the States"), the
. indeed, will the doctrine become firmly e
h tablished that the principles of law appl
a cable to African slavery are unifcr
IT throughout the dominions of the Unit.
l. States, and that there "is an irrepress
l. BILE conflict between opposing and endurir
s forces, which means that the Unit,
e States must and will, sooner or later, b
g come either entirely slaveholding natie
o or entirely free labor nation"
W Notwithstanding the disastrous cons
4 quences which would inevitably result fro
n the authoritative recognition and prac,
W cal operation of such q doctrine. the
a- are those who raaintain that the Con
sr referred to and included the slavery que
tion within the class Of forbidden powe
=. ~ which (although the same in the TER
al tories as in the States) could not
or exercised BY the people of the territ
o ries.
n. If this proposition were true. hi,
ss fortunately for the peace and welfare
'e the whole country it is not, the conclusit
would inevitably result which they logi
's 's ally deduce from the premises-tbst II
70 Constitution by the recognition Of slavel
,e establishes it in the Territories beyor
he the power of the people to control it |
70 70 law, and guarantees to every citizen Il
# # right to go there and be protected in IL
le enjoyment of his slave property; and whe
Of all other remedies fail for the protectie
Is of such rights of property, it becomes Il
:. imperative duty of Congress (to the pc
ut formance of which every member is boul
it by his conscience and his oath, and fro
which no consideration Of political polio
- or expediency can release him) to pr,
e. vide by law such adequate and compile
~ protection as is essential to the full e
y joyment of an important right secured
~ the Coi1stitption. If the proposition
Or true, that the Constitution estahll60
u slavery ia the Territories beyond Il
ia Douor of tho poonlo lapollv RI cootroI