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Volume VJX, Number L
E C. HICKOS, Editor,
a N. WORDEN, Printer.
LEWISBURG, UNION CO., PA, APRIL 3, 1850.
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JAHE3 ESLL AND HIS UNCLE.
We fesr our leaders nay have almost
foi gotten a ceitain idle, truant b y, named
jjtmfs D'l.u hose deficiencies in his studies
were t' osed tiy good Uncle Grey to the
sad mortification of his too confiding par
ents. If, however, any have borne in
mind the idle scholar, and his father's de
termination to turn oner new leaf, we
will ask them to look with us tit l ho results
of this determination.
Mr. VII was a sensible man ; though,
as we have t-eea in the case of his son's
t duration, he sometimes acted injudiciously.
H Jt still we say he was a sensible man,
tiit, if )ou would prove to him that any
rrjrse he h id been adopting was wrong,
t would endeavor to alter it, instead of
Mindly and obstinately adhering to it,
mereiy because it was Uis own. loo
many folks adopt the latter plan. We
take the liberty of doubling their good
tnst.
When Jjnies appeared at the breakfast
t;.L!e, ou l tie morning after his Uncle's
visit, his downcast looks and silent demea
nor plainly indicated that his mind was ill
nt ease. No allusion, however, was made
ty cither his father, 5i his mother, to the
circumstances of the preceding day. All
went on as usual, except that when James
was collecting his books to start for school,
his father said :
" Stop a moment, my boy, I am ready
!i go down to my office, and we can walk
part of lbe way together."
James changed color, and the prospect
of a tete-a-tete with his father did not seen
very agreeable to him. However, after a
len minutes' w alk, they came to Mr. Bell's
office, and with a nod and a
" Remember what we have been talking
about,' uttered in a kind and pleasant tone,
James was left to pursue his way alone.
As he went down the street which led
ti the school, reflections such as these
jassed through his mind :
" It certainly would be pleasant to have
a good standing in school, and to earn a
better character than I now have. I don'i
much caro about pleasing Mr. Smith. He
is so cross, I am sure he would never be
satisfied if I were to try ever so hurd.
Bit father would feel pleased ; ha said he
would. Let me see ; what were his ex
act words? Only let me see, James,
that you really try to do your best, and
I shall feel satisfied.' Oh. if that' all, I
will try. I thought father did not care
much whether I studied or not. But if he
is smirtg to ask me questions himself, I will
toon show him that 1 am not such a dunce,
after all, as Uncle Grey thinks me. I
can do as well as George Ashton, or any
of the be-it in school. I think I can, and,
what is more, J will."
This was a determination which was
sasier to form.than to carry into execution.
Poor James met with many a check, many
a mortification, before he succeeded in his
laudable efforts. He did, however, try to
do his best. And as the first step in the
new path he meant to pursue, he made a
full confession to bis father of all the arti
fices to which he bad resorted in order lo
impose on his teacher. He even brought
home that evening all his school books,
exactly as they were, and submitted them
tj his father's inspection.
Mr. Bell turned over the scrawled and
blotted leaves of the books with AirpgiedTJ,
feelings of grief, of joy, and of self re.
prnach. Ur'trf, as various instances of:
duplicity mot his eye. Latin and Greek
sentences, intended to serve as exercises
ofthe pupil's skill in ready translation. were
Interlined with pencil translations obtained
from somn more industrious student. The
margins of the cyphering books were cor.
crd with minute figures, exhibiting the
working out of the more difficult sums.and
copied off from the slate of some too ac
commodating neighbor. In short, all the
tricks and devices, which idle scholars are
but too ingenious in inventing, were laid
open before the eyes of the grieved and
astonished lather. Yet we said joy mio'
gled with bis grief. He rejoiced in the
thought thai his son was thus making a
free and lull confession of hit past miscon-
auct, and in tht bnpu which, this course
lo
.urn over a now ear The self reproach
draughl of unmingled bitterness
) Mr. Bell felt that he had been greatly to
H)J wouJd hae 8hf0nk fr0B lhe
. .
thought of allowing even a choice grape.
vine in his garden, to trail ita neglected
branches lbe gro0d. Yet his son, his
eldest aon the cho-ce plant in the garden
o(- home bad been allowed to Brow ns
These thoughts crowded on the mind of j
; Mr. Bell, as he sat alone that evening in
his study, with his son's books open before
him. He leaned his head on the table,
while tears, hot tears, such as a parent
alone can ween, fell from his eyes. He
remained long buried in thought, and left
his study that night a wiser man, a better
father.
James, as we hove before hinted, (bund
it no easy task to adhere to his newly for
med resolutions. The difficulties which
he had so ingeniously evaded in days gone
by, now stood like mountains in his path,
impeding his onward progress. He tried
to do his best. But even his most strenu
ous efforts he found to be wholly unequal
to enable him to overtake those who by pa
tient and faithful industry had beeo for
weeks and mouths far in advance of him.
painful sense of failure and discourage
ment began to creep over James' heart, and
he felt a'm ist inclined to give up his appa
rently fruitless efforts.
"1 can see plainly that Mr.Smith thinks
me a mere blockhead, and I am almost in
clined to be of his opinion."
Such was James discouraging exclama-
j lion to his friend Frank Hartley, as they
walked home slowly together one Friday
afternoon. Frank was an intelligent boy;
he was greatly attached to James.who was
three or four years younger than himself,
and he had watched with great interest and
anxiety the change which his observing
eye had marked in his friend during the
last two weeks.
"You are no blockhead, James,' was
Frank's abrupt reply ; "nor does Mr.Smith
think that you are.
"How can he help thinking so when he
heart me make so many blunders I And
why do I hesitate and blunder more fre
quent' y than any . other boy in the class,
except that great dunce, Joe Sims T"
"If you will not feel offended at me for
my plain speaking, I can easily answer
that question," replied Frank.
"Indeed, I shall not feel offended, but on
the country I shall be very much obliged
to you. I have been lately thinking
seriously, and making eo.-ue good resolu
tions" 'I felt sure that you had," interrupted
his companion, "and I am heartily glad of
it. 1 have noticed a great change in you
of late, James, and if I can help you to any
way, why, I shall be glad to do to, that's
alT. The other boys have been trying to do
their best for months past, and you have
only lately begun the same course. In
Greek, most of them are familiar with the j
declensions and conjugations, and have all
the rules of syntax at their finger enns."
"Ah, I wish that I had 1" interrupted
James, with a heavy sigh.
"That is the very thing," rejoined his
friend, "those first difficulties lie in your
path. Nominally you have passed them,
but, in fact, they are still before you. And
now you find them more formidable than
you would have found them when we first
began. It is the same in your Latin, and
the same I think in your arithmetic and al
gebra, is it not !"
Ycs.indeed!" replied James, "and now,
can you help me still farther? Having
show n me where the difficulties lie.canyou
show me how to overcome them !
" I think that perhaps I can, James.
But my 6rst and best piece of advice to
you is, go yourself to Mr. Smith, and talk
with him upon the subject. He will advise
you kindly, and far more judiciously than
I could do. '
James shrank from the idea of speaking
to Mr. Smith, tie entertained towaros
that gentleman those feelings of dislike,
with which careless and idle scholars are
'ery apt lo regard their instructors. The
persoaoioos of Frank, and the advice of
his father, whom he freely consulted on
the subject, at length overcome hit repug
nance ; and the following morning he
called on Mr. Smith."
At toon as Jam ea made known to him
the object of his visit, Mr. Smith welcomed
him most kindly and cordially. He had
been greatly puzzled by his pupil's conduct
during the last two weeks. , He thought
that he perceived in James increased efforts
to 4k right, and greater application to
studv, but still his" recitations" were far
more imperfect than tbey had beeo for a
long lime previous. Mr. Smith ( could not
account for this teeming contradiction; and
it had been hit intention ! call on Mr.
Bell, that. very afternoon, to have iome
conversation with him respecting bit ton.
Jaroei' iit entirely ntnoved tbe necostity
: inspired (hat James wan realty about
lor any such conversation ; and the hon
est, open confession which he made of his
previous course f wrong-doing, greatly
relieved his teacher's mind.
And now, sir," added James, ' I have
been trying to do tetter. But it seems as
if the more I try, the liws 1 sum d.
Father, I see, feels mortified, though he is
very kind in trying to encourage rrv. But
I feel so discouraged I am ready to pive
up, and go to digging, or ploughing. What
do you advise me to do?"
Don't give up, James,'' replied Mr.
Smith ; "don't allow yourself to feel dis
couraged until you have made regular,
systematic elFirts to recover your lost
ground. If after having pursued lor a rea
sonable time the course I shall recommend
to you, you still find your best efforts fruit
less, then I will say throw aside your
books and give up study. But I fear no j
such result. You have good abilities, tho
hitherto you have let them run to waste.
You know the good old motto, "Persever.
ance conquers all things.'
Yes, sir," replied James, his counte
nance brightening ; "and if perseverance
ran conquer my difficulties, they shall be
conquered ; for I'll persevere.''
"Even if I propose studying extra hours,
and studying during vacation V
" Yes, sir," said James, firmly, " I will
do anything you advise.''
Having once overcome his dislike to
speaking with Mr. Smith, James' heart
had become entirely won by the kind in
terest evinced in his teacher's language
and manners.
Mr. Smith proceeded to advise him to
turn back to the difficulties which he had
before eluded, and not to rest satisfied un
til be had completely mastered them.
James knew that he could depend on
Frank Hartley's ever ready assistance.
And he determined during the approach
ing vacation to devote four hours of each
day to study, and to request Frank to
hear him recite.
Encouraged by his father, his teacher,
and his vounz friend, James carried out
his plan with steadiness and perseverance.
During the vacation, Mr. Bell took all
his family to spend a day in the country
with Uncle Grey,' whose infirmities bad
prevented him from relating his visit to
his nephew, as he had intended. James
asked and obtained his father' permission
to stay at home. He was unwilling to
lose a day's study, and also felt anxious to
be more fully prepared for a second en
counter with his Uncle.
On perceiving James' absence from the
foreily party. Uncle Grey shook his head
ominously, and drew his own conclusions,
which were by no means favorable to the
young student.
Mr. Bell adopted the wise and prudent
course of saying nothing at all about
James. He thought it best to leave it to
time to prove the reality of his son's im
provement, and looked forward, not with
out strong hope, to the result of a future
visit from Uncle Grey. His wife,however.
could not imitate his prudent conduct. She
could not refrain from throwingout sundry
hints respecting James' love for his books,
which would not let him enjoy even a
day's pleasure ; for her part, she really
leated the boy's health would sutler from
studying to hard in vacation. ' However,
the significant and incredulous smiles with
which Uncle Grey received all such" re
marks, toon caused good Mrs. Bell to
desist.
Weeks rolled away ; the vacation was
over, and the duties of the school were re
sumed with their usual activity, when one
Friday evening Mr. Bell told his wife that
he had received a message from Uncle
Gray, announcing a visit for the following
day. James who wat present, colored on
hearing this, but his open brow betrayed
no trace of confession on vexation. On the
contrary, looking up in his father's fact he
exclaimed :
" I am glad to hear, A, father. I shall
not be afraid thia time, even if Uncle does
ask me to walk into tbe library.'1
fjucle Grey came. He teemed wearied
by tbe ride, and during his stay the conver
sation turned more on hit rheumatism and
other ailments, than on any other subject.
Mrs. Bell made two or three attempts to
lead lbe conversation to the topic of books.
She asked Jamet several times about his
studies, his books, or hit slate. But all in
vain. The old gentleman appeared ex
tremely obtuse. Nooe of her hints took ef
fect. And at latt the sunk into mortified
silence. 4
Jamet himself was not insensible to his
Uncle'a apparent indifference and neglect.
But the consciousness of oo longer desert-
ine it, preserved him from discouragement.
Father knows that I am no longer
the fellow that I wat once. Mr. Smith
knowt it. too. And, one of thete daya,
perhapt Uncle Gery will have a letter
opinion of me. Bui no matter lor roai.
Yet I ahouldlike to hear him tay, Well,
I must own I wat greatly mistaken in that
boy.'
Perhaps Uncle Gray's seeming indiffe -
rencc was in fact a greater spur to James
exertions than either his blame or his
praise at that juncture could have proved.
At all events, James' diligence increased
rather than slackened.
Several years pnssed nway, and James
Hell arrived at an important era in his life.
A day dawned to which lie had long looked
forward. It was commencement day at
I ollege, and Jatnt' name was on
the list of the graduating class. Amonf
the orators of the day, the last place the
post ol honor had been assigned to him.
His heart glowed with honest exultation.
Mr. and Mrs. Bell succeeded in obtaining
good seats umoog the crowded audience,
Hnd by their tide, with his hands crossed
on the lop of his ivory-headed cane, was
seated Uncle Grey. To judge by his
countenance, one would have supposed that
he felt no special interest in the exercises
of the day ; but Uncle Grey is not apt to
allow his featuies to disclose any more
than he chooses to reveal of what is pass
ing within. He listened with grave and
ei. r nest attention to all that wat passing.
But a peculiar flash brightened U his
calm blue eyes, as a young man the last
speaker indicated in the list of exercises
appeared on the platform, Mr. and Mrs.
Bell almost held their breath, while their
hearts beat high with hope and fear.
The valedictory was such as did honor
both to the head and the heart of the young
speaker. It was listened lo with profound
attention, and at its close a murmur of ap
plause ran 'round the hall. The President
Ihen rose and addressed the graduating
class- After which, the diplomas were
conferred.
The eyes of James had more than once
sought the spot where his parenta and
Uncle were seated, and, at the close of the
exercises, as soon as he could free himself
from the crowd of congratulating friends
who surrounded him, he approached the
little group. Mrs. Bell could scarcely re
strain her over excited feelings ; his father
with a warm pressure cf the hand ex
pressed his joy ; while Uncle (Jrav uttered
an emphatic " Well done, Jimcs!"
"But what of the inheritance .1 Did
old Uncle Grey leave Jamet tome sub
stantial evidence of hit approbation and his
good will !" . Ah, gentle reader, on this
point your curiosity must remain unrati
fied. May many a year pass away ere
that question is decided ! Uncle Grey
si ill lives ; hale and hearty as ever. He
often says were it not for the rheumatism,
he should be as brisk at seventy-five, as
ho was at seventeen. James has com
menced his career as a lawyer, with every
prospect of success, and often lie looks
back with a grateful heart to the unpleasant
two hours spent in his father's library with
Uncte Gray. - Thai ikouiint of ;ha old gen
tleman's wealth seldom, if ever, crosses his
mind ; he possesses what is far more val
uable than the richest legacy, treasures of
knowledge and the power of securing in
dependence by his own efforts.
We may add, however, that when Mrs.
Cell, with a mother's honest pride, aks
ol her ton's talents, or relates some new
instance of his love of literature, or of his
success in his profession, Uncte Grey no
longer receives such remarks with his for
mer incredulous, ominous shake of the
head. X. X. X.
MB Ta lawisacaa caaosicaa.
Tbe freh grave or twenty-five hundred persons may
be wD at SutUT's Mill. Uyour companion
gives out. leave bim and ru.-h Sir tbe nearest water.
irone out often of you make fortunes, you will do better
than thousands wbo have (on before J'W. lis". II. C.
-The route across the plains may frequently oe tmeeo
tat miles by the graves and bones of emigrants and their
beasts and property
Humanity ! how weak in all its strength and pride 1
And, Wisdom t bow strangely thy precepts an defied !
Time's sage monitions are like cobwebs brushed away,
And men to ruin rush like tigers en their prey.
Thy bread thou shalt earn by Un sweat from off thy hrow"
Has been the one command from the mil of man till now :
A taw as wise as stern, for men's best good decreed
A "curse" to blessing turned by all who do tt heed.
How strong his nerve and bright his eye who plows the field
And all they who the skilful tools of mechanism wield !
now sweet their simple tndnd haw welcome is their rest,
And happiness reposes within each virtuous breast.
Foolish man, unchanged, the syren fklsehood hears.
Shuts his eyes against the light, and to truth bis ears :
Thou shalt not die need not toil f" this the tempter's song
That draws him like a bird in fowler's snare along.
And now from California's fenvbesprinkled shore.
Where buld and vile Impiety a wretched race adore,
The cry of Oold is raised echoed bark by score on scare
Who ne'er shall bear tba wares of Ul Pacrfie roar.
Frantic, a million ties are broke asunder now
The faithless husband Jim nates his solemn plighted tow,
Tbe gold-mad son neglects his grey-haired parents kind,
The sin li suits to Heaven's can each one he leaves behind;
His "outfit" wastes the fruits of years of toil and care,
Ha quits his hearth with mere of euniag than of prayer;
By no necessity impelled, nor for the love of (iod.
But by demon Av'rtoe led, he easts bis lot abroad ; '
By sea around tbe Cape, er 'cross the Isthmus' ttrasd.
Or wearily e'er the Plains, be seeks th' El Dorado land.
He toils and bints and wants and bears and pines and dies
With no soft hnd to press his brow or dose his fciing eytK
(For, themselvea to save, bis companions on have sped,
And left him to rest with tba desert for his bed '
The wolf and the savafe and tba wilder birds of prey
To watch a'sr hie cores and Ha sepulture to pay.)
And such is tbe history of numbers now unknown
Wbo but yesterday bad friends wkhia a kssivy home ;
One in many htmdreds reap a golden harvest there,
Wbiis thousaaas gather nought but suffring and despair.
Ho,Toath! the gilded bait of sal are riches spurn
Prom the 1 1 1 G r i of the past, wisdom timely team;
With leva of Truth and Knowledge let every bosom burn,
And to our "goodly heritage" your toots contented turn.
Isjroatme, March tt, lie
j Speech Of Hoa. Jeph Casey, of Fa.,
. On the President's Message, communi
cating the Constitution of California. De
livered in the Hou of Keprentatives ol
ihj Uuiud States, March 18, 1830.
Mr. Chairman I have not sought the
flour with ihe expectation r.f saying any
thing which will shed new light u;)CC the
vexed and difficult question ; but more par
ticularly for the purpose of-exhibiting to
my constituents that I am not indillereni
upon a sulj tct, ia the settlement of which
i hey, in common wiih the whole country
f e! a deep interest. 1 shall express, sir,
the sentiments i entertain upon these topics
B4 tecorties the Representative of freemen.
"without fear, favor, or aflection,' and re
gardless of denunciations or criticims here
or eloew here. I am not one ftf those w ho
assume the extrerre grot'nd on either tide.
I do not regard the institutution of slavery
as it exists in our Southern States with
that degree ot horror which some of my
Northern brethren express i neither do 1
regard it as a "great mural, political, and
religious blessing" with some gentlemen
from the South. I timply view it in the
language of Thomus Jefferson, as "a great
moral and political evil." Taking this view
ol the subject, it could not be expected that,
J should engage in a crusade for its extinc
tion where it exists on the one hand, or oo
the other desire, and much less promote
its extension to territory now free. 1 am
willing to leave it where the Constitution
and the laws under which we live have
placed it. Iam not responsible either for
its continance there ; and if it is a "curse
and a disgrace,'' those who uphold it are to
answer it, and not I.
The gentieman from Louisiana, (Mr.
Morse,) says, we ought to "talk'' upon this
sullied, anu misquotes a great nuiuor to
furnish proof. Sir, we have bad too much
"talk" already, and loo little reason upon
this question ; the quotation is, "He that
will not reason is a bigot, he that dares
not is a slave and he that can not is a fool.
The whole difficulty, as I apprehend,
originates in the different construction of
the power of Congress under the Constitu
tion to legislate on the subject of Slavery
in Territories the North asserting the
right, the South denying if- This is,i here
fore, a fair subject of argument ; of sound.
calm, dispassionate reasoning. If it should
be found i hat we do not possess that pow
er, the North is bound to submit ; if, on
the other hand, it is conferred by that in
strument, the South are equally bound to
bow to its mandates.
Before I proceed to this question, I de
sire to remark, that so far as the territory
acquired from Mexico is concerned, that it
is now free. The constitution end laws of
Mexico made it so beyond a doubt ; and
the distinguished gentleman from Georgia
(Mr-aToombs) admits this, and insists that
we are bound to remove this impediment,
and thus enable them to carry their slaves
thither. Being, then, free when ceded to
the United States, this territory must re
main so, until this law is repealed by Con
gress, or until some local sovereignty, hav.
ing jurisdiction over the subject shall an.
nul it.
FoT my own part, I most ardently de
sire that it shall remain free ; and I shall
never, by act or vote of mine do aught lo
make it otherwise.
Slavery I hold exists nowhere in this
country, except by local laws and positive
regulations. So far as the States are con
cerned, they have the sole power over it ;
and so far I agree with the Baltimore plat
form, that "Congress has no power to in
terfere with Slavery in the Sta'et, or to
ake even incipient steps tending thereto."
But with regard to the Territories, it pre
sents a very different question. They are
without local legislatures, and the power
of makiog laws for them must necessarily
devolve upon Congress, or else does not
exist at all. That Congress has this right,
I infer fromthe very act of acquisition, and
that whether acquired by conquest or by
cession. Can it be possible.that a country
may be transferred, and the right of the
conquered or ceding country to govern it
be thus extinguished, and the conquering
country acquire uo right to legislate for
that territory T Where I ask is the sove
reignty of Ihe country 1 It resided in Mex
ico. She certainly neither does nor can
claim it now. his not in the people of
New Mexico and California, for they are
seeking to acquire that, with your consent,
by admission into the Union. According
to the logic of gentlemen oo the other side,
it has not vested anywhere, but it simply
in abeyance- v , .
These conclusions, which would place
this Territory beyond the action of the
Congress, I hold to be unsound, and not
only not supported by precedent, but in
direct conflict with all the action and expe
rience of not only thia, but every other civ
ilized government on the eorth. Thia pow
er hat been fully recognized by all the de
partmtnuof our Government Legislative,
Executive, and Judicial ; by a consistent
and uninterrupted train of action, fro.n the
foundation of the Government to the pres
ent day; and it eppears most passing
strange that any gentleman should deny it
on this floor.
The gentlerrcn from Georgia, (Mr.
Toombs) rites ihe provisions in the Con
stitution in relation to the importation of
slaves, slave representation, and recapture
of Itigitives, and exclaims, " Gentlemen,
deceive not yourselves, you cannot deceive
others. This is a pro-slavery Govern
ment. Slavery is stamped unou its heart
the Constitution. You must tear that
out of Ihe body politic before you can com
mence the work of its eradication." Now,
so far front this being the case, I defy that
gentleman, or any other here, to point to
any clause or word in that Constitution
that confers tke right upon any mortal
ms n to own a slave. It confers no right
it merely secures you in the enjoyment
of what you before possessed. This wasi,erior aa subordinate power .' mat pow
the compromise of the Constitution noth- er whi! recognises the right of expatrit-
oe more. II by eradication he means its
. a. .
abolition in the States, I agree with him ;
if he refers to the territories, I join issue
with bim.
This power is not, in my mind, left to
doubtful construction. The clause in the
Constitution is full and ample. "The
Congress shall have power to dispose of
and make all needful rules and regulations
respceting the territory, or other property,
of the United States." Now, the gentle
man from Ohio, (Mr. Disney) argues that
this conferred no other power upon Con
gress than to dispose of the land. That if
the framcrs of the Constitution had intend
ed to cooler upon Congress the right cf le
gislating generally for the Territories, they
wuuid have used other expressions, such as
to "make laws," "lo legislate,'' Aic, and
that Ihe
terms " rulet and regulations ' doS,a,e :) lber """ly confer complete
y to the higher objects of govern- jndwwn. It necessary to confer it
not apply
men!, but merely to some minor and unim
portant subjects ; and particularly does not
apply to persons, but merely to things-
In answer to this permit me, sir, to re
mark, that if those who framed this Con
stitution intended merely to confer the pow.
er to dispose of the lands, why was it ne
cessary.io add " and make all needful rules
and regulations respecting the ter-itory ''?
This instrument was drawn with much
care, and is in every part expressed with
great terseness and brevity. No redund
ancies, such es this would present no am
plifications, no repetitions, such as the gen
tleman's construction shows are exhibit
ed anywhere in this instrument. And all
this too, remember, to express an inferior
and subordinate power. The natural, and
I have no doubt the correct, construction
will strike any man of ordinary judgment
at a glance. The power of disposing is
conferred in terms t nod, in addition, ihe !
power to make " all netful rules and regu
lations.
Let us, now, examine the meaning of
those terms "rules and regulations. And
in answer to the inquiry why the Trainers
of the Constitution did not use some other
mode of conveying their meaning, I can
only say, that I know of none more full and
expressive, and yet so concise, in the com
pass of our languaue. No man will cer
tainly contend that the power of settling,
fixing, and controlling the commercial re-"
lations of a country, is a matter either of
minor importance, or their proper regula
tion a subordinate power. Yet, sir, this
vast power, (and no one has disputed that
Congress has not the most full and unlim
ited control over it,) is conferred in the Con
stitution by this very same term, "to reg
ulate commerce with foreign nations,"
embracing in its provisions some of the
highest acts of sovereignty which a nation
can exercise. The same reasoning ap
plies to the clause which gives the power
to Congress "to coin money and regulate
the value thereof." Will any person, for
a moment, contend that the circulating me
dium, which forms the basis of all the trans
actions of society, and measures the value
of all property, and the price of every com
modity, is an inferior and subordinate sub
ject ? If this term in these instances and
in these clauses conveys powers of such
vast magnitude and importance, I ask, by
what fair rule of interpretation can gentle
men contend that a different rule of con
struction should obtain, in reference to the
clause now under consideration ? And
that, too, in the lace of the fact, that it is
used by the same men, in the same instru
ment, and at the same time.
The gentleman from Ohio, in my hum
ble opinion, is still more unfortunate in re
fcrence to .the word "rules" used in this
clause. If the gentleman inquires, why
those who draughted the Constitution did
not use the words "to make laws," to le
gislate," &e., I answer, simply because the
word "rules" is a better and more signifi
cant word. It hat not only in the Consti
tution, as I shall presently shew from oth
er clauses, a very significant and compre
hensive meaning, but bad then, and long
before, in legal phraseology or instruments,
a certain tnd well-defined impor. The
very first sentence the t'.udent of law reads
is, "Law it echoed to be a rule il acuoo,
whether anitnate or intoiimate.'' Wheth
er applied to persons or things, it ia still a
ru!o i whether lo objects of superior or infe
rior magnitude and importance, it remains
the tame. Burke says, "law is Lcoifi
cence ecling by rule." A t!alu:e or law '
is a rule of civil conduct. Tbe greatest
lexicographer of the age defines a rule to
be "government : sway : empire : control :
supreme command or authority." And, to
rule, "to have power or Command : to ex
ercise supreme eti'hority." This being
the ordinary and accepted definition of the
terms, let ns aee in what sense it has been
employed by the igr-s who framed cur
Constitution, ia regard to other powers
which are nut disputed. It authorizes Con
gress " lo establish a uniform rule of ca
I Mralixition." Is that to operate upon
,nins ,D(1 not uPon persons ! Is it an ia-
I tti-kaya am st .-f r rv. '. t . ll.ma t sannln at no
i""" ,u "."' n ... ji
sonal obligations; allegiance to country,
the most btbdiug and solemn which man
can assume upon earth. Ot a similar na
ture is the auiiiority to "make rules con
cerning captures on land or water." And
also, "to make rules for the government
of the land, and naval fcrces." I repeat,
therefore, ih.it a careful , review of the
meaning and ordinary acceptation of the
terms " rules and regulations,'' as well as
their acknowledged signification in other
pans of the same instrument, shew beyond
the possibility of a doubt, and even beyond
the hope of cavil, that in this connection
they were ielenfed in the language of the
Supreme Court of the United States, in
Peters' fj. S. Sep., 44 ("rules and regula
tions respecting the territory of the United
ilhout limitation to enable the new Gov
ernment to redeem !h9 pledge giveu to the
old, in relation to the formation and power
of tbe new States." And, again, in 14 Pt
teia' U- S. Reports, 53?, "this power (of
governing the Territories) is vested in Con
gress tcithoul limitation, and bat been
considered the foundation upon which the
territorial government rest." I might cite
many more decisions of the Federal and
State courts to the same tflect ; but I will
mention but one mote, and that is, the Su
preme court of Louisiana (a slave Slate)
decided, as lata as 1830, that Congress
had the right to exclude slavery from the
Northwest Territory ; and that a colored
person born there, subsequent to the ordi- -nance
of 187, was free, and set him at
liberty. 8 Martin's Reps., 699. The ele
mentary writers on our Constitution- fully .
concur in these judicial decisions. Setf
Kent, 1 vol. Com., page 335, and Rawle,
pege S27.
It will be remembered too, that the ordi-
nance excluding slavery from the North
west territory wat passed on the 13th Ju
ly 1757, by Congress ; and. at the saints
time, :lie Convention, which formed the
C.ms'itution, was in session, and remained .
sitting till 17tli September, more than two
month i after.
Now, I ask, if it is not abundantly clear,
with this recent act before them of the ex- .
ercise of this extensive power by Congress,
if they did not intend to confer it, would .
they net have introduced some restrictive .
or prohibitory clause, which would have
limitej and controlled the subsequent ac
tion of Congress ? With the kuowledge
of this ordinance before them, and the ab
sence of any disapprobation, it is but a
fiir and legitimate argument to assumu.
that they intended to grant and confirm
this power to that body. And the fact that
Congress has, from the adoption of the
Constitution down to the present time, con
tinued to exercise this right in its .length
and breadth, places its existence beyond
all controversy.
" The gentleman from Georgia (Mr.
Toombs) says : "Until the year 1820 your
territorial legislation was matked by the
same generel spirit oi .fairness and justice.
Notwithstanding the constant assertions to
the contrary by gentlemen from the North,
up to thut period no net was ever passed by
Congress maintaining or asserting the prU
mary constitutional power to prevent any
citizen of the United States owning slaves
from removing with them to our territories
and thcra receiving legal protection for this
property." - ,
I maintain, sir, that Congress, on the 7iS
of August. 1789, did. in effect, re-affirm
the ordinance of 1787 ; and have no doubt
from lite preamble, Jr,at ihey felt well as
sured ofthsir power to do so. When they
declared in that preamble thut it was ia or
der that the ordinance "might continue to
have full eflect,'' tho slavery restriction
was a part of it, and could not have full
effect unless that restriction remained in
full firce.
To show, howeter, that) Congress pos
sessed full power over this subject, I hal!
refer to toine of the lawt in relation to the
iTerri'fric if which ths power to leecg-
3N-