Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-08-05
An old Error. Nem Yn,nned.


An old Error, New yanped.
Mr.. CALHoUN has made speech IL th
Senate, in which he attempts 10 prove tha
Congress has no power to prohibit the eA
tension Of slavery into new Territory. Nj
g. says that Congress comet prohibit it be
canse they the States,a are members ota coin
mon Federal Union and MS such are equal
in all Respects both dignity aud rights
This il exactly the process Of reasoning b.
which MIR. Calhoun aud Mr.. Ilayue, trieo
To mike out Modification 70 be lawful. This
like that Argument, starts with a false pos
tulate. This course Of reasoning appIiet
to the old Confederation, bat cannot apply
to the present Union. As Mr.. Ne'lste
conclusively showed in the great Nul
LITIGATION debate, the Constitution i tht
creature Of the people, and not Of The state.
land was adopted and ratified by the pee
pie, as penple Of the United States, II
language Ii, 'ne the people Of the Gnitcd
States" II contempllics m entirely. II
was The act Of the people, ratified by The
consent and votes Of the people. Il dcriy-
ed its power directly fam The sovereign peo-
pie of The whole country and from no 9th
er source. The iaea Of partnership, joint
proprietors, Of The States, in the govern
ment at the Union, i an error, n sophl,n, on
which hinges door opening into all the alb
stroelious, the iealouses, the inpstsney and
weakness of the old Confederation, which
was indeed, a mere partnership oF States.
The territories are not the territories Of one
State, or of another State; but Of the people
OF the United States. Independent Of the
authority in the Constitution, given Com
gress, to make all nceilnl rules and rcgula-
lions for territories, il is generally admitted
Dir. Calhoun himself admits, that the power
Of governing conquered territories, must re-
suit from aad follow conquest; mud terrific
ries are to be governed with reference to the
be; interests of those who inhahit them
and the natural rights ofall their inhabitants
and in manner which will moSt conduce "a
the welfare of all the people Of the United
States Congress might determine, for in.
stance, to delegated all the male nhabitaut.
of Oregon, over II years old, the power ID
elect local Legislature, without refernuc,
to the color Of electors. Congress NIGH
prohibit any imprisonment or restraint o
personal freedom ia Oregon, only in pun
shment OF crime South Carolina coul,
not come forward and demur 10 such pro
hihition. She could not complain ofa viola
ton Of ,rust-'rhe States granted no trus
the power Of Congress emanated from th
people Of the entire country--an Soul
Carolina could no more demur, than tn
county OF Grant could. Il might as we'll b
urged that Congress could no, make roa,
into one OF re territories, because the con
strucliou of such road would be- not hcnet
cial or might hc slightly injurious to som,
one State, although the general welfare ie
quires its construction, According 10 Mr.
Calhoun's argument. theec could no, be
Constitutional act uf power exercised By
Congress over any Of our territories; To-
there could no, be 40 act which would be c
qnally honoie,al to evegy StR,e in the Tn
ion. There eouli he no rules or n gulatjons;
Cor il wouli be utterly impossible 10 make
amy which would not effect Immediately oy
remotely, the selfish interests OF South Car
oliua or some other STATE. This Southern
sophism, is torpedo which rarat sc> eve
~ thing it touches. There ueve~ Sc, MAS
an nc, of Congress which MIR. Calhoun or
any other ingenious man, came, show, ly
thesmue process ct reasoning, TO be uucoH-
stimuonal, because unequal "a rs i'nn,,l.-
ate or remote bearing upon the Interests ct
State