Year: 1859

" Congress is body which can do as it
plenses"


The Express quotes the above from an ar
ticle which appeared in the DEMOCRAT day
or two ago, on the subject of property in the
territories and proceeds to descant at length
on the monstrosity of the idea which it pre-.
tends to think we entertain, that Congress
may prohibit slavery in the Territories or dc
anything else that it sees fit, there being nc
limit to its power under the Constitution.
Now, the Express must have been exceeding
ly stupid or deliberately unfair to ascribe any
such meaning to our declaration. Congress
is body, we said, which can do as it pleases.
1t can act from political or partisan motives,
and can favor or disfavor slave legislation by
the people of the Territories. 1t can do
great many things that are wrong, great
many things which are manifestly unjust,
great many things which are vioative of the
true spirit of the Constitution. Its right to
do these things is different matter man
can steal and murder, but it does not follow
that he has a right to do either. The object
Of the Kansas. n ebraska bill was to take all
appeal to Congress in regard to any territori
al enactment away from that body, because
of this very liability Of legislative bodies to
be governed by merely partisan motives
There was q clause in the Bill" we said,
(Which declared that Congress should annul
any law of the Territorial Legislature which
Congress might not approve of, but the De
moeracy struck that clause from the bill,
with the express understanding that there
was to be no appeal to the Federal Legisla-
ture in any case that might arise, but that
the Supreme Court of the U. States should
alone decide as to the constitutionality Of any
Territorial law that might be enacted. This
was wise and proper, for. to leave such mat
tiers to be decided by Congress, would be to
give that body the power of either establish.
ing or forbidding slavery, according to its
option, because, if the majority of Congress
was in favor of slavery it would favor slave
ry, and if it was opposed to slavery it would
favor free soil legislation. Congress is bod,
~hich can do as IL pleases. 1t can permit it
self to be governed by political motives ex-
clusively, and could either favor or disfavoi
slave legislation by the people of the Terri
tories. But the Supreme Court is a tribunal
which is supposed to tie above the atmos-
phere of fpolitics Were an appeal 10 be mad,
to it against any Territorial enactment, il
would decide according to the Constitution
of the country. and the enactment, whether
it favored or opposed slavery, would stand OF
fall upon its constitutionality or its unconsti
tutionality. Not so with Congress, for there
is no telling what that body might not be in
duced to do from partisan or political mo-
hves The subject of slavery has been the
bone OF discord in the National LEGISLATURE
Tor years The object of the Kansas Nebras.
~ ulli was to remove it from the halls of
Congress and to leave it ever thereafter 70
the iair and free vote of the people in their
sovereign and primary capacity"


1t seems to us that the idea contained in a.
above quotation ought to be clear enongh '.o ~
any one not wilfully blind. "