Slavery -- United States; United States -- Politics and government -- 1849-1853
interests which it embraces.
As far as the time allowed me will permit, I propose to discuss two
questions. The first is, “_Whether Congress can lawfully legislate on
the subject of slavery in the territories_.”
On this question a new and most extraordinary doctrine has lately been
broached. A new reading of the constitution has been discovered. It is
averred that the 3d section of the 4th article, giving Congress power
“to dispose of, and make all needful rules and regulations respecting
the territory or other property belonging to the United States,”
only gives power to legislate for the land _as land_. It is admitted
that Congress may legislate for the land _as land_,--geologically or
botanically considered,--perhaps for the beasts that roam upon its
surface, or the fishes that swim in its waters; but it is denied that
Congress possesses any power to determine the laws and the institutions
of those who shall inhabit that “land.”
But compare this with any other object of purchase or possession. When
Texas was admitted into the Union, it transferred its “navy” to the
United States; in other words, the United States bought, and of course
owned, the navy of Texas. What power had Congress over this navy, after
the purchase? According to the new doctrine, it could pass laws for the
hull, the masts, and the sails of the Texan ships, but would have no
power to navigate them by officers and men. It might govern the ships
as so much wood, iron, and cordage, but would have no authority over
commanders or crews.
But we are challenged to show any clause in the constitution which
confers an _express_ power to legislate over the territories we
possess. I challenge our opponents to show any clause which confers
express power to acquire those territories themselves. If, then, the
power to acquire exists, it exists by implication and inference; and
if the power _to acquire_ be an implied one, the power _to govern what
is acquired_ must be implied also. For, for what purpose does any man
acquire property but to govern and control it? What does a buyer pay
for, if it be not the right to “dispose of”? Such is the doctrine of
the Supreme Court of the United States: “The right to govern,” says
Chief Justice Marshall, “may be the inevitable consequence of the right
to acquire.” _Amer. Ins. Co._ vs. _Canter_, _1 Peters_, 542. See also
_McCullough_ vs. _Maryland_, _4 Wheat._, 422. _The Cherokee Nation_ vs.
_Georgia_, _5 Peters_, 44. _United States_ vs. _Gratiot_, _14 Peters_,
537.
Public-domain text, read in full here on John Shaqi.
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