Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-01-04

doubs are resolving themselves inc CONVICTIONS,
that the principle il involves should uc KEEP ou'
OF The national legislature, and !et 10 the pGoP!e
of The conieceracy in their respective local so'
vernmeniS
The whole subject is comprehensive one ana
fruitful of imPoilan! consequences: IL "ouu NC
ill.,imed 10 di cuss i. here. | shall not assume
tAst responsible task bu, shall coniine myself 10
such general views as are necessary 10 INC 'ai'
exhibition Of my opinions ;,
Wemay well regret The existence OF slavery III
the Southern States, and wish they mao oee" soy.
ed from It's introduction. BuI there II is, an" wv
by the aci of the present generation; ana we 'nus'
deal with il as great practical question: in'V o.ya
ing The most momenous consequences
have neither the right nor the power 10 touch
where it exists; and il we had BON, 'neH eAeI
else by any means heretofore suggested, niSh'
lead to results, which no wise man would wi!iihsy
encounter, aud which no good man couia con'ehh'
plate without anxiety.
The theory OF our government pTe-shPposeS'
that its various members have reserved 10 'hen-
selves The regulation Of subec;s relating 10 "I'a'
may be termed their internal police IheY are
sovereign within their boundaries, eAcep'in MS
cases where they hafe surrendered 10 inc genera
government portion OF their T'sn's, 10 olue. W
give effect 10 the objects OF The unIon' %ne.nei
these concern foreign nations orthe several a'""S
speak, whether they have reference TO slaveryor
10 any other relations, domestic or puoIic' are
left to local authority, either original or defiVa-
tive. Congress has no risht TO say, mat 'heie
shall be slavery in New YORK, or mai tnefe
shall be no slavery in GeorsIsi nor Is 'heie any
other human power, but the people OF thcse states
respectively, which can change the relations ex'
listing therein; aud they can say, ii they WILL
awe will have slavery IN The former, ana we
will abolish il in The latter.
In various respects the Territories differ from
the States Some of their rights are inchoale,
and they do not possess the peculiar attributes OF
sovereignty. Their relation to The general 60
| vernmeni is very mperiecl!y defined by The con-
slituon; and il will be found, upon examlna-
tion that in that instrumentthe only grant oil pow
er concerning them is conveyed in the phrase,
Congress shall have the power dispose OF and
| make all needul rules and regulations, respect
| ing the territory and other properly belonging 10
the United States" Certainly this phraseooey
is very loose, il it were designed 10 include in
the grant the whole power OF legislation over
persons, as well as things. The expression The
TERRITORY and other properly" fairly construed,
relates TO the public lands, as such, 10 arsenals
backwards, ions SHIPS, and all The various kinds
OF property which The United States may and
| must possess.
But surely the simple authority 10 dispose Of
ant regulate these, does not extend 10 The unii-
miled power Of legislation; 10 he passage OF all
lars in the most general accep'alion OF The woic;
which, by the by, is carefully excluded from the
sentence And, indeed, il this were so il would
render unnecessary another provision OF The Con-
s,ilulion, which grams 10 Congress the power 10
legislae, with The consent o: the States, respec.
tvely over all places purchased fer The "cfection
OF .Jrts magazines. arsf mails, t"ckvardS," &c
These being the "pyep riy' Of the Uni'ed States,
if III. power 20 make 'ucej!Ul uleS and Iegula-
TONS concerning them includes the general pow
er OF legislation, then The :iaGt t., authority 10 re.
sulaie "the territory and ether properly OF the U.
States" is Unlimited wherever subjects are found
for lis operation, and us exercise needed no aux
Hilary provision. Ii, ON the other han II DOES
not INCLUDE such power oil legislation over The
o,her p!operjy" o. The United States, than il does
moi include it over their "ieTiorp;" for Tue same
terms which grant the one, grant the olher.-
"1tyruoty' is here classed with property, AND
treated as such, and the object was evidently &c
;. enable the general government as properly hold
er-which from necessity, It must be--io manage
preserve and "dispoSe OF such property as itmish
possess, aud which authority IS essential amCs
10 lis being But The lives and persons OF our CT
| lizens, with the vast variety OF objects connected
{ with ,hem cannot be controlled by an authority
which is merely called no existence Tor the pur
pose ui making rules and regulations ioy Tie dis
e position and manasemlnt Of property.
: Su. h, il appears TO me, would be the cons,ruc
ton put upon this provision OF the constitution
were this question now first presented Tor consd
L eralon, aud no, controlled by mperinuS circum
II stances The original ordinance OF the COngEes
II OF the Coniedel alton. passed in 1884, and whic
n was the only &c, upon This subject in olcc al III
frame OF III n eCuuy uf HG u N
II Ohio, While in a territorial condition, and for j,
2. eventual admission in separate STATES into III
!, Union And the persuasion, that tins ordinanc
-. contained within itself all the necessary mean
" OF execution, probably prevented any direct rt
y ference 10 the subject in The constitution, turtle
= than veslinS in Congress the right 10 admit III
|, States formed under it into the Union. Howe
yer, circumstances arose, which required legsla
ion. as we'll ofer the territory norlh OF the Ohi'
u as over other territory, both within and wiihor
d The original Union, coded TO the general govern
q menl; AMI at various times, a more enlarge
!, power has been exercised over the IerrttOries-
meaning thereby the different Territorial Gov
eInmenls-lhan is conveyed BY the limited graz
n referred TO- How far an existing necessity ma
[. have operated in producing this legislation, an
! thus extending, by rather violent implication
powers not directly given, know not. But ce
Il lain is that The principle OF interference Shout
s not be carried beyond the necessary implici
The creation of proper governments for ne
J. countries acquired or settled, and 10 the ncce
y saIy provision Tor their eventual admission in,
: the Union, leaving, in the meantime, 10 the pei
e pie inhabilin9 them, 10 regulate their internal COZ
Germs in their own way. They are jus, as capi
: bic OF doing So, as the people oil The States an
y they can do so, al any rate, as soon as their 20!
C tical independence is recognized by admissio
X. into the Union. During this temporary cond
L lion, il is hardly expedienl 10 call into exercise
e doubtful and nvid0ns authority, which question
the intelligence Of a respectable portion of on
= citizens and whose imilali:D, Whatever it ma
be, will be rapidly oaching its termination;
authority which would give 10 Congress despoIi
power uncontrolled bv the constitution over III $
important sections OF our common counIJ. Oh
il he relation OF mas.cI and servant hlay DC re
gulaIed or annihilaied by its leg~'a'lon, so ma,
the relation Of husband ar' VIE, OF parent ant
child, aud OF any c!he' .ou"''o" "nicii ou' ius'i
tui;ona md the iiabiS III our society recognise
wat would be thought il Congress should un
dertake 10 prescribe The terms OF marriage in New
York. or TO regulate the authority of parents owe
their children in Psnnsyl vsn And yet il Woult
be as vain 10 seek one Jusiiying the interference
OF the national legislature in The cases raferred lc
in the original States OF the Union speak herr
Of The inherent power Of Congress, and do no
touch The question 81 such contracts, as may bt
formed with new STATES when admitted into The
confederacy.
OF all the questions that can asilale US, those
which are merely sectional in their character, are
the most dangerous and the most to be depreca
ted. The warning voice OF him who, from his
character, and services and virtue, had The bes
right to warn Us, proclaimed 10 his cOunrymeD
in his Farewell Adliess-,hat monument OF wis
dom for him, as hope, il will be of safety ior
them-how much we had 10 apprehend from mea-
sures peculiarly affecting geographical portions
of our country. The grave circumstances in
which we are now places, make these words
words OF safety; for am satisfied, from all have
seen and heard mere, that successful attempt 10
engraft The principles ofhe Wilmot Provso upon
The legislation OF this government, and to apply
them 10 new territory, should new territory be &C.
quired, would seriously affect our tranquility. |
do no, suffer myself 10 toresce or 10 toreel The