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publican. There is no express provision to that effect, but it results from that important section which guarantees to every State in this Union a republican form of government. Now, sir, what is proposed? It is proposed, from a vague, indefinite, erroneous, and most dangerous conception of private individual liberty, to overrule this great common liberty which the people have of framing their own Consti tution! Sir, the right of self-government on the part of individuals is not near so easily to be established by any course of reasoning as the right of a community or State to self-government. And yet, sir, there are men of such delicate feeling on the subject of liberty-men who cannot possibly bear what they call slavery in one section of the country, although not so much slavery as an institution indispensable for the good of both races-men so squeamish on this point, that they are ready to strike down the higher right of a community to govern themselves, in order to maintain the absolute right of individuals in every possible condition to govern themselves!"

In 1848 Mr. Calhoun said:





"There is a very striking difference between the position in which the slaveholding and non-slaveholding States stand in reference to the subject under consideration. The former desire no action of the Government; demand no law to give them any advantage in the Territory about to be established; are willing to leave it, and other Territories belonging to the United States, open to all their citizens, so long as they continue to be Territories, and when they cease to be so, to leave it to their inhabitants to form such governments as may suit them, without restriction or condition, except that imposed by the Constitution, as a prerequisite for admission into the Union. In short, they are willing to leave the whole subject where the Constitution and the great and fundamental principles of self-government place

it. On the contrary, the non-slaveholding States, instead of being willing to leave it on this broad and equal foundation, demand the interposition of the Government, and the passage of an act to exclude the citizens of the slaveholding States from emigrating with their property into the Territory, in order to give their citizens, and those they may permit, the exclusive right of settling it, while it remains in that condition, preparatory to subjecting it to like restrictions and conditions when it becomes a State."

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"But I go further, and hold that justice and the Constitution are the easiest and the safest guard on which the question can be settled, regarded in reference to party. It may be settled on that ground simply by non-action-by leaving the Territories free and open to the emigration of all the world so long as they continue so; and when they become States to adopt whatever Constitution they please, with the single restriction, to be republican, in order to their admission into the Union. If a party cannot safely take this broad and solid position, and successfully maintain it, what other can it take and maintain? If it cannot maintain itself by an appeal to the great principles of justice, the Constitution, and self-government, to what other, sufficiently strong to uphold them in public opinion, can they appeal? I greatly mistake the character of the people of this Union, if such an appeal would not prove successful, if either party should have the magnanimity to step forward and boldly make it. It would, in my opinion, be received with shouts of approbation by the patriotic and intelligent in every quarter. There is a deep feeling pervading the country that the Union and our political institutions are in danger, which such a course would dispel."

January 12, 1848. In the Senate of the United States,

the following resolutions, submitted by Mr. Dickinson on the 14th ultimo, came up:

"Resolved, That true policy requires the government of the United States to strengthen its political and commercial relations upon this continent, by the annexation of such contiguous territory as may conduce to that end, and can be justly obtained; and that neither in such acquisition nor in the territorial organization thereof can any conditions be constitutionally imposed, or institutions be provided for or established, inconsistent with the right of the people thereof to form a free sovereign State, with the powers and privileges of the original members of the confederacy.

"Resolved, That, in organizing a territorial government for territories belonging to the United States, the principles of self-government upon which our federative system rests will be best promoted, the true spirit and meaning of the Constitution be observed, and the confederacy strengthened, by leaving all questions concerning the domestic policy therein to the legislatures chosen by the people thereof."

Mr. Dickinson said:-The second resolution declares that the principle of self-government upon which the federative system rests will be best promoted, the true spirit and meaning of the Constitution be observed, and the confederacy strengthened, by leaving all questions concerning the domestic regulation of territory to the legislatures chosen by the people thereof.

It must be conceded by all, that Congress has no inherent power over this subject, and no more right to legislate concerning it than the British Parliament, unless such authority is delegated by the Constitution. The only clause of the Constitution which is supposed to confer upon Congress the right to legislate for the people of a territory, is as follows:

"The Congress shall have power to dispose of, and make

all needful rules and regulations respecting the territory or other property belonging to the United States," &c.

In providing legislation for the District of Columbia, and for places occupied by the government of the United States for fortifications and other erections required by the public service, the Constitution thus confers the power upon Congress :

"To exercise exclusive legislation in all cases whatever, in such district (not exceeding ten miles square) as may, by the cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings."

By the clause of the Constitution first above cited, it is evident that territory is mentioned in its material, and not in its political sense, for it is classed with "other property," and Congress is authorized to dispose of and make all needful rules and regulations respecting both. In the other section they are separated, and Congress is authorized to legislate over all places occupied for public structures, but no such authority is extended to territory. The language of the Constitution is that of great precision-free from repetition and every word was well weighed in its positive and relative sense. And if its framers had supposed the phrase "needful rules and regulations" authorized legislation over places belonging to the United States, and used for public service, they would scarcely have authorized legislation over such places in express language in another section. Again, in providing legislation for the District of Columbia, Congress is authorized to "exercise exclusive legislation" over it. Now, if the words "needful rules and regulations" were deemed proper and apt language to confer legislative authority over the internal affairs of a terri

tory, why were they not employed to authorize legislation over the District? And to reverse the order of the inquiry, if it was intended to confer upon Congress the power to legislate over territory, why was it not given in the same express terms as in authorizing legislation for the District? From this view, there is little doubt that a strict construction would deny to Congress the right to legislate for the domestic affairs of the people of territory without their


Congress has, however, upon various occasions, exercised legislative power over the subject, especially in incorporating into the law organizing territories the provisions of the Ordinance of 1787; and this has been acquiesced in by the people of the territory. This Ordinance was framed under the old confederacy, for the government of the Northwestern Territory, and the sixth article forbade slavery or involuntary servitude therein. Its validity has often been questioned, and its adoption was pronounced by Mr. Madison to be "without the least color of constitutional law." But whether authorized or not, having been passed before the adoption of the Constitution, the act has no authority as a precedent for like practice under it.

Extract from the speech of Henry Clay, in the United States Senate, February 5th and 6th, 1850.

Mr. Clay said: When I came to consider the subject, and to compare the provisions of the line of 36° 30'-the Missouri compromise line-with the plan which I have proposed for the accommodation of this question, said I to myself, if I offer the line of 36° 30', to interdict the question of slavery north of it, and to leave it unsettled and open south of it, I offer that which is illusory to the South-I offer that which will deceive them, if they suppose that slavery will be received south of that line. It is better for them I said to myself—it is better for the South, that there

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