The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-30


man, as by the philanhrops They great evils but
there greater evils than these, and submission 10
injustice is among them. The nation which should
refuse TO defend its rights and its honor, when as
sailed, would have neither to defend and when
irvep to war, It rs not by professions OF disinter-
esedness and declarations OF magnanmity that It's
rational objects be best obtained, other nations
taught lesson of orbearancethe strongest security for
permanent peace, We are at war with Mexico, and its
vigorous prosecution is the surest means of its speedy
termination, and ample indemnity the sures guaranty
against the recurrence of such injustice provoked it,
The Wimot Proviso has been before the country
time 1t has been repeatedly discussed in Congress, and
by the public press. am strongly impressed with the
opinion that great change has been going on in the
public mind upon this subject-n my own as well as
others and that doubts resolving themselves into
convictions, that the principle involves should be kept
out of the national legislature, and left TO the people OF
the confederacy IN their respective local governments
The whole subject is comprehensive one, and fruitful
Of important consequences would be ill-timed to dis
cuss It here | shall not assume that responsible task
but shall conne myself TO such general views, as are ne
cessary to the fair exhibition OF my opinions.
We may well regret the existence of slavery in the
southern States and wish they had been saved from
introduction But there is, and not by the act of the
present generation and must deal with it great
practical question, involving the most momenous conse-
quences. We have neither the right the power TO
touch il where it exists and we had both, Their exer
cise By any means heretofore suggested might lead to re-
suits, which wise man would willingly encounter and
which good man could contemplate without anxiety.
The theory OF government presupposes that ITS va
rlous members have reserved to themselves the regula
on of all subjects relating to what may Re termed their
internal police They sovereign within their boun-
daries, except in those cases, where they have sur.
| rendered to the general government portion OF
of the Union, whether these concern foreign nations
the several States themselves. Local institutions
4 | may so speak, whether they have reference to
slavery, to any other relations, domestic or public are
left to local authority either original or derlvatve Con-
gess has no right to say that there shall be slavery IN
New York, or that there shall be no slavery IN Georgia
is there any other human power but the people of
those States respectively, which change the relations
existing theren and they say, they will, we will
,1tsh Tho
latter.
In various respects the Territories differ from the
States Some of their rights are inchoate, and they do
not possess the peculiar attributes OF sovereignty Their
relation to the general government Is very mperect'y
defined by the constitution; and il will be found upon
examination. that in that instrument the only grant of
power concerning them conveyed in the phrase, Soon
gress shall have the power to dispose of and make all
needfu rules and regulations respecting the territory and
other property belonging to the United States" Ger
tanly this phraseoogy very loose, if it designed
to include in the grant the whole power OF Legislation
over persons as well as things The expression the
to the public lands such, to ar5enals dockyards FORTS
ships and all the various kinds of properly, which the
United States may and must possess
But surely the simple authority to dispose Of and regu
late these, does not extend TO the unlimited power OF
legislation; to the passage of all ias, in the most gen.
fully excluded from the sentence And, indeed, if this
so, would render unnecessary another provision
OF the constitution which grants to Songre5s The power
all places purchased for the erection OF forts mag
aznes, arsenals, dockyaIds, Sc" These being the
property of the United States, if the power to make
:" needful rules and regulations concerning them in
cludes the general power of legislation, then the grant
of authority to regulate he territory and other property
OF the United States is unlimited, wherever subjects
found for its operation, and its exercise needed aux
larry provision If the other hand, it does not include
81 such n OF so over the 0 a pps
over their "teritory;" for the terms which grant
the one grantthe other Territory" here classed with
property and treated SUCH and the object was evil
a
holderwhich from necessity, must beto manage pre-
serve and dispose Of" such property as might possess
and which authority essential almost to its being But
the lives and persons of citizens, with the vast vare
ty of objects connected with them cannot be controlled
BY an authority Which merely called into M nc tor
position and management of property
Such, appears to me, would he the construction put
upon this provision of the constitution, were this qHes
ton first presented for consideration, and not
troled by imperous circumstances The original odi-
nance OF the Congress of the Confederation, passed in
1857 and which was the only act upon this subject in
force at the adoption of the constitution, provided
pee frame OF government for the country north of the
OHIO, while In territorial condition, and for its eventual
admission in separate States into the Union And the
persuason that this ordinance contained within itself all
the necessary means of execution probably prevented any
direct reference to the subject in the constitution further
than vesng in Congress the right to admit the States
formed under into the Union However, circumstances
arose. which required legislation, as well over the terrific
ry north OF the Ohio other territory both within
and without the original Union, coded to the general gov
ernment and, at various times, more enlarged power
tncreDy
the different Territorial Governmcnts-,han conveyedby
the limited grant referred to. How far existing neces-
sty may have operated in producing this Legislation,
and thus extending, by rather violent implication,
powers not directly given, l know not. But certain
il is that the principle of interference should not be
carried beyond the necessary implication, which produces
it. should be limited to the creation of proper gov
ernments for countries acquired settled, and 10
the necessary provision for their eventual admission
the Union; leaving in the meantime, to the people
habitng them, TO regulate their internal in their
own way. They just capable of doing so, as the
people oil the States and they do So at any rate
soon their political independence is recognised by ad
mission into the Union. During this temporary cond
ful and nvidous authority, which questions the intell
gence OF respectable portion of citizens, and whose
Limitation, whatever it may be, will be rapidly approach
ing It's terminatonan authority which would give to
Congress despoc power, uncontrolled by the consu-
ton, over most important sections OF common
try. For if the relation of master and servant may be
regulated annhated by its legislation so may the
laon of husband and wife, of parent and child and OF
any other condition which institutions and the habits
of our society recognise. What would be thought if
Congress should undertake to prescribe the terms oil mar
rage New York. to regulate the authority of parents
over their children in Pennsylvania! And yet it would
national legislature in the referred the origl
nal States of the Union. speak here of the inherent
power of Congress- and do not touch the question of such
contracts, may be formed with States when adj
med into the confederacy
OF all the questions that can agate us those which
are merely sectional in their character the most dan
gerous, and the most to be deprecated The warning
voice of him who, from his character and services, and
virtue, had the best right TO proclaimed to his