Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-10-20

reference TO the subject in the constitution,
| further than vesting In Congress the right to |
admit the States formed under it into the IN |
ion. However, circumstances arose, which |
reou;red legislation, as we'll over the territory
north of the Ohio, as over other territory, both
within and without the original Union, ceded
TO the general government; and, at various
times, more enlarged power has been eXer-
cised over the Notwithstanding thereby
the different Territorial Governments-than is
conveyed by the limited grant referred to-
How far an existing necessity may have OPP
Grated in producing this legislation, and thus
extending, by rather a violent implication,
powers not directly given, ] know not. But
certain it is, that the principle of interference
should not be carried beyond the necessary
implication, which produces it. 1t should be
limite,lto the creation of proper governments
for the new countries, acquired or settled, and
to the necessary provision for their eventual
admission into the Union, leaving, in the mean
time, TO the people inhabiting them, to regu-
late their internal concerns in their own way.
They are just as capable of doing so as the
people of the States; and they can do so, at "a
nv rate, as soon as their political independence
is recognized by admission into the Union.
During this temporary condition, it is hardly
invidious authority, which questions the intel
ligence Of respectable portion of our citizens,
and whose limitation, whatever it may be,
will be rapidly approaching its termination :;
an authority which would give to Congress
despotic power. uncontrolled by the consttu-
ton, over most important sections of our COM
mon country. For, if the relation of master
and servant may be regulated or annihilated
by its legislation, so may the relation of hus-
band and wife, parent and child, and of any
other condition which our institutions and the
habits of our society recognise. What would
be thought if Congress should undertake TO
prescribe the terms of marriage in New York,
or TO regulate the authority of parents over
their children in Pennsylvania And yet It
would be as vain TO seek one iustifying the
interference of the national legislature in the
cases referred TO in the original States of the
Union. | speak here of the inherent power of
Congress, and do not touch the question of
such contracts, as may be formed with new
States when admitted into the confederacy.
Of all the questions that can agitate US, those
which are merely sectional in their character,
are the most dangerous and the most to be de-
precated. The warning voice of him who,
from his character and services and virtue,
had the best right 10 warn us, proclaimed TO
his countrymen, in his Farewell Address-that
monument of wisdom for him, as hope, it
will be of safety for them-how much we had
to apprehend from measures peculiarly affect
ing geographical portions of our country. The
grave circumstances in which we are now
placed, make these words of safety; for | am
satisfied, from all have seen and heard here,
that successful attempt engrafr the princi-
pies of the Wilmot ProvisO upon the leglsla
ton of this government, and TO apply them to
ed, would seriously affect our tranquility. !
do not suffer myself to foresee or to foretell
! the consequences that would ensue :; for trust
and believe there is good sense and good feel
, ing enough in the country to avoid them, by
avoiding all occasions which might lead 10
them.
Briefly, then, am opposed 10 the exercise
! of any jurisdiction by Congress over this mat
p ter; and am in favor of leaving to the people
of any territory, which may be hereafter ac-
quired, the right to regulate ii for themselves,
under the general principles of the Constitu-
ton. Because,
! l. do not see in the constitution any grant
of the requisite power to Congress; and am
not disposed to extend a doubtful precedent
beyond its necessity-the establishment of ter
o rtorial governments when needed-eaving to
the inhabitants all the rights compatible with
the relations they bear to the confederation.
= 2. Because believe this measure, if aQop-
ted, would weaken, if not impair, the union of
the States and would SOW the seeds of future
discord, which would grow up and ripen into
D an abundant harvest of calamity.
3. Because | believe a general conviction,
, that such proposition would succeed, would
lead to an immediate Withholding of supplies,
and thus to dishonorable termination OF the
I ioly
, seat of government, can doubt this result
:, 4. If however, in this am under misap
prehension, am under none in the practical
operation of this restriction, if adopted by
Congress, upon treaty of peace making any
9 acquisition of Mexican Territory. Such a
p treaty of peace would be rejected just as GER
tainly as presented TO the Senate. More than
: third of that body would vote against it,
viewing such principle as an exclusion of
the citizens of the slaveholding States from a
= participation in the benefits acquired by the
treasure and exertions of all, and which should
9 be common TO all. | am repeating-neither
! advancing nor defending these views. That
o branch of the subject does not lie in my way,
and shall not turn aside 10 seek it.
In this aspect of the matter, the people of
4 the United States must choose between this
restriction, and the extension of their territori-
= NO'1oi hofO OOHh nhu
4 which they will surrender must depend upon
,, their representatives first, and then, if these
T. fail them, upon themselves.
q 5. But after all, it seems to be generally
- conceded, that this restriction, if carried into
). effect, could not operate upon any State to be
). formed from newly acquired territory. The
we'll known attributes Of sovereignty, recog-
- nized by us as belonging to the State govern
v ments, would sweep before them any such
barrier, and would leave the people to express
# and exert their will at pleasure. is the object
:. then, of temporary exclusion for so short a
y period as the duration of the Territorial gov.
70 ernments, worth the price at which it would
n be purchased worth the discord it would
- engender, the trial to which it would expose
;. our Union, and the evils that would be the
n certain consequence, let that trial result as il
=. might? AS to the course, which has been in.
IS timated, rather than proposed, of ENGRAVING
:. eu.iI '1s"ivtiUn uPur any treaty or acquIsi
q ton, persuade myself that it would find but
ar little favor in any portion of this county,
:. Such an arrangement would render Mexico q
# party, having right to interfere in our inter.
nal institutions in questions left by the consti