Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-08-09

should be kept out Of the national. legisla
Eture, and left to the people Of Ihs confed
eracy in their respective local govern
nients, ,s,,-.z.sisss - s...5ssssz
The whole subject is comprehensive
one, and fruitful of impoEtants consequen
ces. 1t would be ill lined toe,discuss
here. shall not; assume lhat responsible
task, but shall confne nlyselft such gen
eral views, as are-necesary tothe fair ex-
hibition ofmy opinions. ss$ss:...15. !.
| We may we'll regret the existence Of sla
very, in the Southern Ssssas; and wish they
haa been. saved sfropas - @pc1ien =.
Bnt sssfs Ii III and not Sissz5 vi soi t6s
present generation; and we must deal with
it as great practical question, involving
the most momentous consequences. We
have neither the right nor the power TO
touch it where it exists; and if we had both,
their exercise, by any means heretofore
suggested, might lead to results which no
wise man would willingly encounter, and
which no good man could contemplate
without, anxiety. .. -....--
The theory Of our government presuppo-
ses, that its various members have reserved
to themselves the regulation of all subjects
relating to what na1y be termed their in
ternal police. They are the sovereign
within their boundaries, except in those ca.
ses, were they have surrendered to the
general e ,vernmeut portion oftheir rights,
in order TO give effect to the objects of the
Union, whether these concern foreign m,
tions or the Several States themselves. -
Local institu'ions,i if [ may so speak, whesh-
er they have the reference 10 slavery, or
my other relations, domestic or public, are
left to local authority, either original or
derivative. Congress has no right to say,
that there shall be slavery in New York,
or that there shall be no slavery in Geor-
gia: nor is there any other human power
but the people of those States, respectively,
which can change the relations existing
therein: and they can say, if they will, We
will have it in the former and we will abol-
i>h it in the latter.
In various respects the Territories differ
from the States. Some of their rights arc
in choa,e, and they do not possess the pc
culiar attributes ofsovereignty. Their re-
lation to the general government, is very
imperfeety defined by the constitution; and
it will be found, upon examination, that in
that instrument the only grant of power
concerning them is conveyed in the phrase,
Congress shall have the power to dispose
OF AMI make all needful rules and regula
lions, respecting the territory and other
property Of the United States" Certainly
this phraseolngy.is very loose, ii it were de-.
signed to include in it the who le power of
legislation over persons, as we'll us things.
the expression, the ''territory and other
properly" fairly construed, relates to the
public lands, as such, to arsenals, dock
yards, forts, ships, and all the various kinds
of property, which the United States may
aid must possess.
But surely the simple authority to dis.
pose of and regulate these does not extend
to the ualimited power of legislation; to
the passage of ali laws, in the most general
acceptance of the word; which, by the BY
is carefully excluded from the sentence -
And, indeed, if this we're so, it would rem
der unnecessary another provision of the
constit l,ion, which grants to Congress the
power to legislute, with the consent of the
State, respectively, over all places purchas
ed for the 'serection of forts magazines
arsenals, dockyards, &C." these being
the "property'' of the United States, if the
power to make s:needlul rules and rcgula
lions concerning them includes the genera
power of legislation, then the grant of au
tbo,ily to regulate she territory and othel
property of the United States" is unliml
led, wherever subjects are found for its op'
eration, and its exercise needed no auxil
liary provision. II, on the other hand, /
does not include such power of Legislation
over the ''other property" of the United
States, then it does not include it owe
their 'sstsrritory;" for the terms whicl
grant the one, grant the other. "Terrato
ry" is here classed with property, ,and treat
ed as such; and the object was evidently t
enable the general government,as proper
ty holder-which, from necessity, 1t mus
be-to manage, preserve, and ''dispose OF
such property as it might possess, and whic
authority is essential almost TO its being
Bet the lives and persons Of our citizens
with the vast variety Of objects eonnecte
with them, cannot be controlled by an au
thoritv, which is merely called into exist
ence for the purpose of making rules an
regulations for the disposition and manage
ment Of property.
Such it appears to me, would be the con
struction put upon this provision ofthe con
stitution, were this question now first pre-
sented for consideration, and not controlle
by imperious circumstances. The origina
ordinance of the Congress of the Confed
Grafton, passed in 1887, and which wa
the oaly act upon this subject in force O
the adoption Of the constitution, provided
complete frame Of government for tn
country north ofthe Ohio, while in terri
torral condition, and for its eventual &c
t nilsson in separate States into the Union
And the persuasion, that this ordinane
contained within itself all the necessar
means of execution, probably prevented q
3 ny direct reference to the subject in tn
constitution, further than vesting i
: Congress the right to admit the State
S formed under it into the Union However
circumstances arose, which required legis
e lation, as we'll over the territory north {
T. the Ohio, as over other territory both with
3 in and without the original Union, ceded
4 the general government, and, at variou
S times, more enlarged power has been e,
$ ercised over the Tsrritories-meanin
thereby the different Territorial Govern