Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-10-03
NEW ExPoUNDER.

Mr. Henry d. Foster is before the People
of the State in the new character of Constitu-
tional expounder. He enlightened MS recent
" says the PhiIa North american, as to the ex-
act time when the Constitution was adopted,
and furnished some other and equally valuable
and refreshing instruction. He was also great
Iy exercised about the Republicans and their
dreadful doctrines. Take the following as an
illustration:
ssThe Republicans demand that Congress
shall prohibit the institution of slavery in all
territories of the Union. Where does Con-
gress derive any such authority from What
part of the Constitution gives Congress the
power to legislate upon both sides (? If they
can say slavery shall-not go into certain ter
ritory, they can say it may go there. say
that Congress has no right to interfere with
the matter at all. There is no such power in
Congress-" &c. ssThis is question, not po-
litical, but judicial"
These declarations are plain and positive,
like some others made upon the same occasion,
and with just as little regard for the records
of Congress. Mr.. Foster says Congress has
no power at all over the matter. Let us see
what he did, not what he said.
On the 2Sth of January, 1845, Mr.. Brown Of
Tenn, moved his resolution providing that
that portion of Texas lying south of 36 80
shall be admitted with or without slavery, as
the people OF the States to be formed out of
it might desire.
Mr.. Douglas asked him to accept the follow
ing modification after the last clause:
"And in such States as shall be formed out
of said territory, north of said Missouri Com
promise line, slavery, or Involuntary servitude,
except for crime, shall be prohibited
1t was accepted, and, on the division, the
name of ssFoster of Pennsylvania appears
in the affirmative. He thus affirmed the pow
er of Congress emphaticaily, and SO far even
as to obligate new States in the future by the
restriction. More than this, he, with Mr. Doug
las, affirmed the constitutionality of the Mis-
souri, Compromise which was thus re-enacted,
though Mr.. Douglas moved the repeal in 1854,
and was sustained by Mr.. Foster.
Again, on the 9Th of February, 1847, Mr..
Wilmot moved the following amendment tot
the three million bill. popularity known as the
"W Wilmot Proviso":
ssAnd be it further enacted, that there shall
be neither slavery nor involuntary servtude
in any territory on the continent of America
which shall hereafter be acquired by or annex
eu 10 the u. SlateS, eXcetbt lot crimes wnefeo
the party shall have been duly convicted"
This resolution proposed to exclude slavery
for all time, from all territory to be acquired
annexed on this continent, and among the
votes in favor of it is ssFoster of Pennsvlva-
MIA" He was not only willing to bind himself,
but posterity, to the identical principle which
he now attacks for present purpose. He de-
nounced Mr.. Seward as q radical, and yet vo-
ted for proposition which went far beyond
any movement which Mr.. Seward ever made
AS Mr.. Foster was apparently anxious to know
where Congress derived the power to prohibit
slavery in the territories that may be acquired
we have thought it most convenient, for his
understanding, to furnish the answer from hi:
own record. He may plead the statue of lin.
itations, but can hardly repudiate the journa'
and his votes. He was among the ssagitators'
who began the crusade with Mr.. Wilmot, whom
he now complacently assails, forgetting tha,
every word of such censure is stinging re
buke to himself, and an evidence OF his dou
ble- dealing on this question.