The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1849-08-01

the territories than that they should conduct
the legislation of Virginia Eor Of Massacliu.
setts.3 &lGis enough that they should organs,
|tze governments, and then tho necessity tor
their interference ceases. And tho result:
proves this; for tho local governments do,
manage the internal concerns of the territori-
cs III most casos, and would as safely in all, if
not restrained by congressional interposition;
ana II Congress can pass beyond the power
10 organize governments. they may rule ter
rItory at their pleasure, and PROSTATE every
barrier of freedom. 1t, as / have, heretofore
SAID, they can regulate the relation of master
and servant, what but their own will is to pre-.
vent, them from regulating the other relations
OF llfe--the relation of husband and wife, and
OF parent and child, and, indeed, all the OBJ
lccts which belong to the social statei There
IS no man who can show the slightest necessi-
ty Tor this interference on the part of the gen.
eral government, and there is consequently
no man who can show that it has any right
to Interfere on the ground of its necessary &c
ton. The people of the territories are fully
competent to conduct their-own affairs; and
the very first principle OF our social system
demands that they should be permitted to do
so.
whichever may be tho source,' says
Chief Justice Marshall speaking doubtfully
OF the origin of the Jurisdiction, '.whence this
power may be derived the possession of it is
unquestionable." Heis speaking Of tho pow
er OF government and no doubt it has been
possessed; but it becomes very important to
ascertain how, and how far, Congress has
justly possessed it, in order to ascertain 10
what extent it may be exercised. In almost
ALL believe may say in all-thc speeches
and essays i'll support OF the power of Con-
gress 10 legslate over slavery, after endcav-,
fs>I Inl, Il.
or other Of the constitution, the principal roll
ance is at last upon the authority of the few
instances Of its exercise to be found in the
statue books. Authority and precedent have
weight, and ought to have some weight in
doubtful questions; hut | trust there arc few
to be found who arc prepared to shut the con-
stitutlon, and to seek i'll the practice of the
government the foundation Of lis power; and
more especially when, as in this case, the
early legislative proceedings passed, rs we
have reason TO believe, without objection or
inquiry. They commenced by adopting the
provisions of All ordinance Of the old govern
ment to the administration of the new one,
and thus impliedly recognising the exclusion
of slavery, and seem to have gone OH silently
and unquestoned for years. / have not had
time TO look back to ascertain the facts pre-
cisely; but believe it will be found that this
was unitcd sectional opposition to it. Pre-
cedcnt may weigh much in the consideration
OF doubtful question, where the whole sub
jcct has been maturcly considered, and many
minds have been brought 10 bear upon lis adj
Justmcnt But as the foundation of political
power practice thus introduced is of little
value, particularly when it comes to involve
grave questions seriously affecting the Union
we turn then instnctivcly from what has
done to what ought to be done-from the an
thority OF precedent to the authority OF the
constitution These are times wllichtry such
questions. Who can wonder, that will, the
views entertained of this subject by the South,
an appeal should be made TO tho common
charter OF the country, or that large portion
of our citizens should be satisfied with no an
swer not derived from it! That what has
been must continue to be, is a principle
which has done more to pcrpetlate abuses
than all the other causes which have operated
upon political institutions.
Those who advocate ant those who op-
rose the Wilmot Provso occupy very dIer-
ert positions. The former urge its adoption
as matter OF eSped!cnCy i'll order 10 exclude
slavery from tho newly acquired territories,
where it does not exist, and where it cannot
be denied that this exclusion is as morally
certain without it as with it; while tho latter
all oppose this measure on the ground OF its
unconstitionality, and large portion of the
Union OF the ground also OF its Interference
with their rights ana feelings. The contest
to which this subject has given rise has al
ready been productive of the worst conse.
quences. For two years it has prevented all
legislation over most important regions, and
has left them without government, aud in
state OF social disorgan!zation, to our own re-
n MI ff hn Stpr ,E !,
do not believe there is another country on
the face OF the earth which would have per
mttcd such state OF things And how long
is ii to continue! Is California to become a
prey to intestine dssensions in the absence
OF all law, or is to be driven to seperatc from
from us because we neglect TO discharge one
OF our first dutics-a duty OF necessity-that
OF organizing government for the people who
! iniabt it! Those who oppose the Wimot
Proviso on the ground of lis unconstitionali;y
can never surrender their opinions and vote
for it. Those who have heretofore advocated
Its adoption may well abandon it convinced,
as they must be, that their object will be as
well attained without it as with it, II ap-
appears TO me one Of the most barren ques-
tons that ever divided country; barren in
useful results, but fertile IN difficulties and
dangers. freely confess that look with
ad"o''cht upon TIC Zeai ana pcrtlnac!tY din-
| played urging this measure under these is
circumstances, and augur from them the
worst consequences.
These arc my sentiments. They will rive
offence 10 many, and will expose me to much
obioquy. But | do not hesitate TINS openly
to avow them; for every public man who is
not prepared TO take decided par, arrccably
to his convictions, in times like these, not
prepared to discharge one Of the first duties
| which belong to his position. "'ro insure
domestic tranquility" in the words of the
constitution, was one OF the great motives of
the people OF the United States in the organ
izatlon OF their present government Mca-
surc' which may endanger that tranquility
government. Measures which may cndangcr
that tranquility should be scrutinized with
with great caution, and never adopted but in
the last necessity, and then with great reluc.