The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-03-01

and thus, so far from being an unusual
term, it was a usual one 10 the di,posi.
tioD of power in the United States. A
mother clause says that Congress shall
have power to regulate commerce. -
Does any Democrat deny that that is a
legislative powerl What, under it. have
they donel They pot only regulate
commerce" uuder it, between foreign
countries and this, regulating foreign and
domestic trade, but they passed the en-
barge. Whyl Because they had the
power to make all needful rules and reg
lations appertainiug thereto. In the Ter
ritOries they have similar power delega-
ted in somewhat the sane words. Not
only had they the power to cherish CON
merce, but they bad right TO prohibit
and destroy commerce itself. Certainly
that ia legislative power; and it was ex-
ercised under this very term regulate"
therefore it is absolutely absurd when the
Supreme Court and the Democratic par
ty undertake to say that when it was e.
nacted that Congress should have the
power to make all needful rules and reg
ulations for the Territory, did not dele
gate legislative power. SO that the very
language that they claim would debar q
grant of power,is shown by four clauses
of the Constitution. TO carry with it that
very legislative power. it even extending
to the taking of life, liberty, and proper.
IS itself
Don't they say in the Constitution that
they shall have the powerr Such was
the understanding of the old trainers of
the Federal Constitutions the old con-
federation of the trainers of the act of
81, and although the Supreme Court are
bound to acknowledge that all the terri
tory acquired previous to the formation
OF the Constitution, were subject to the
control OF Congress. they come to the con-
clusion that the Constitution did not To-
tend to confer the poEer at all, but that
its very exercise was prohibited BY the
Constitution.
Gentlemen there was portion of these
lands. when the Constitution was formed,
intended to be ceded, and it was known
by the trainers of the Constitution that it
was to be ceded Georgia and North
Carolina sfterwsrd ceded their territory
for the same reason that Virginia ceded
Illinois aud Indiana, aud therefore how
absurd it is to say that the trainers of the
Constitution. when they allowed Congress
to exclude Slavery from the territory
which now j. formed into the States of
illinois and Indiana, did not give them
the power to exclude Slavery from the
whole It is absurd to say that the power
existed in one case, but did not in anoth.
er.
What vas the intent and design OF the
Constitution What did it DO to carry
ont that desiTnl The two most prominent
conclusions on earth, that We can have as
to what it was intended to do. is by what
they said was TO he done and intended to
be done. and by What they practically did.
Eight and six, or fourteen times, did this
Congress carry out the power asserting
that Congress had all the power to make
all ncediul rules and regulations for the
Territories" eveD to the prohibition or
enactment Of Slavery
How he Changed an Opinion.
I an going to own up myself con-
fess that | always believed, until read
the opiuion of Justice Curtis, always
believed with the old Free Soil party.
that under the Constitution of the United
States, you could not establish Slavery iu
auy Territory. do now confess that, af
ter reading the decision OF Justice Cur
tis, that it was so clear, and the argu-
ment so irresistible, that they could prac-
tice Legislation in either way, that was
bound to acknowledge that the power to
prohibit also carried with it the power to
establish, and the converse that the pow
er to establish Slavery also gave the pow
er to prohibit it. l therefore yielded up
my old opinion | know not what others
may do, because in this dicta of Justice
Curtis, if Congress has power simply be-
cause there is no limit put upon it, that it
b as power on either side: that is, it has
sovereign power, although
this il a Government in general of limit
ed powers, inasmuch as the Constitution
does not limit Congress from establishing
or abolishing Slavery. The power is not
denied by the Constitution, therefore it
has it. There | am bound to change my
opinion upon that subject, and now a.
gree that Congress has the power to es-
tablish or prohibit Slavery, because, as
l said, the acknowledgement of the one
power compels us to acknowledge the
possession of the reverse.
Well, now it is at last brought to this:
Congress has the right to establish Slave
~, or to abolish Slavery, in the Terrific
ries. 1t is then matter upon which we
appeal to the country for decision. Will
you 60 for Slavery or Freedom! l be-
ieye that to be the doctrine of the Re-
publican party, and that is the whole sum
and substance OF the controversy between
Us. We say with Washington, Jefferson,
Madison, Henry, aud Lee. and all the
distinguished fathers of the Republic, not
hat Slavery is blessing aud Divine
and sll that, but We admit it
10 be su evil, morally socially, and po.
IN, fho Narp