New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-07-19

o. great should venture thus 20 deal. even VITA Do
ea opponent 10 utter disregard o. MS true position
j vii not surprise you bui u VII many Vno htve
vowed my course only party aspect oe told tla'
iu t.at very letter 10 Mr Nicholson expressly stated
ny opinion ~ BE- hat slavery would never exten1 ~
California or -eF Mexico AL tLat go mia gar - ID
those -lon-. Wheiner tlfy depend On fneir F1T
Or 'le.. herds. cannot DO Shareholders quoted IN
t4l appreciation the opinions % ~ Buchanan and OF
.r. walker the former oi slcm Gays It's mora y
impossible. therefore. thst majority % the IN" AZ r
~ that portion of he territory south ~ 90 ~ VII
ever rof-ts'.-l slavery within ~ Unite pr D. aHt5
mountains hos beyond me l9 1-4NOrte avery ".i.
not pass. not Ouly because D. d forbidden by aN, buy
becsuse the c0ored racc there preyonferstes 10 the
ral0 Of 20 the whites snd holding A. thry
do the government and most o. the Offices IN tner
pos-ess 70. trey VIII not permit the eHilsV'meni ~
any portion NJ Tie c0.0ref race which makes and eN
ecies tho aTs ~ the county And o. these remarks
add Ile question. 10 vii therefore be- seen nl ~
animation. does not regard the exclusion Of slavery
frlfn region wl.ge % now exists, N4f pr1llDi-n
against IT'S Introduction where % does not cxst and
where from the feelings Of the inhaDtants md t1e
l4as oi Nature. - j. morally impossible, - Ar
Buchanan SAYS that IL ever rce-fat-h itstli
have never uttered o. human being sentiment ia
opposion T. these views al suDscq Oel efelts-the
events indeed OF every day -clnhrn iLcr justice ana
render lt impossible that Slavery should be- rtesalsn
o. 3D. the region ceded % us > Mexico Such j. the
general Opinion 10 the non savch0idug states among
those who most attached 90 the compromises o. Tie
Constitution and most determined 10 maintain them
and DO doubt but that there are msny persons IA
the Southern States who resist tLe WI.mot lrOvlso
with al their power. a. offensive % the fecLnss Al
INJURIOUS 10 Tie rights Of tne South bat who suA be-
hece IL is question rather Of principle than Of acton
and that circumstances are preparing an exclusion
which Congress has no night a. pronounce.
10 the Wow here taken, The cfort % engrsft the va
mot Provisn upon act ~ Congress- even u Congress
had the requisite power u useless attempt 10 direct
the legislation Of the country 20 an object which "oud
be ust certainly attained without o. u congress
have not the power. A. believe they have not IN com
mon with large portion 81 the people u becomes
wore III An useless By becoming unconstitutional ana
ia addition to this II peculiarly oiensve 70 one-nali
Of tine states Of the mon, who zee 10 IL IA attempt a.
circumscr their ughts and 20 moruy their pride OF
character 40 man can look ~ the signs OF the times
without being satisfied that The prosecution 81 tIs
question is producing the wort state " feeling; aid
though trust that happen what may, our southern
brethren will s cling 10 the Union equally their ark
Of safety and ours. SUI there are evils snort Oh sep
which every good citizen should seek % avoid lie
should seek b. avoid al occ9sOns Of uainendly feel
ngs to avoid IS lar may be the agitation of cues
tons hostile 90 the sentiments or Interests 81 different
sections OF the country aid thus tending 10 array one
oil them against another There Is enough passing 10
the Old Woodland II there were not there IS enough
passing around usO teach US the lnestmaole value Of
our Institutions and that these ought not TO De- hazarded
hy internal dsse sous, as unnecessary ia their origin
they are porteniOus in their consequences
80 much for the eNpcdiency Of urging measure
thus advocated and opposed But beyond this Qu-s
fon is stin moro important one ia constitutional
Government. and that is the power 81 Congress TO
lrlisate over the subject aud this must be settled
sfmauFely before the pfopuety of legislative action
can be- considered am not gong over this ground
10 present have already touched upon IL IN my let
ter to Mr. Nicholson. and shall probably have an op
pOrtuuity 81 expressing my sentiments more fully al
the ~ At session of Congress
shall content myself with presenting few general
remarks here the subject lies IN my way. There .
one important consideration which meets us At the
very thrcshOd OF this inquiry there Is no express
power Ia Congress 10 cgisaie over the Territories To-
be- found in the Constitution for believe II is now
generally concedcd-as indeed 1t must be-that the
power dispose Of and make nceciul rules and
atoms for the Territory aud other property OF the
United States contains no grant OF political power
over persons upon such property, either within or
without the respective states. And II II does IN the
one 10 must Ia the other for these words equally
ppi cable TO the Territory and other property 90 TIE
'ned States. wherever situated. But there
i've or six provisions in the Constitution, whence the
power i sought 10 be- deduced-sOme persons deriving
u from one clause and some from another, while each
more fortunate in showing where 1t does not then
where II does exist The exercise Of great political
power Ike this by legislature deriving he existence
from written instrument, ought not 20 depend on
.uch loose constructions. Nothing shows the well
grounded doubts respecting this power better than the
very uncertainty in which involved in the
dcavor to maintain il by express constitutional
ant. And no wonder that now, when peculiar CIR
cumstsnces bring this question more iOrcny than ever
before the country, the foundation Of the power
should be severely investigated
Those who maintain the rsht of Congress 20 psss
me Wllmot PrOviso must maintain not only the night
If that body 10 establish governments and 10 provide
Tor the necessities Of legislation over the public tern
tory which one thing but also the power % direct
al the internal territorial legislation at its pleasure,
without regard % the viii OF the people % De affected
by II, which is another and quite different thing
hail not enter into any su5tletrs touchn&the con
iton of sovereignty he rights Il brings with it
That subject good deal debated al the ast session
Of Congress but II had been already exhausted in the
discussions previously 10 our Revolutionary struggle
We are sovereign said the British Government 10 the
Colonies, and may legislate over you AZ we please -
You sovereign said fathers and may establish
Governments but you have no right 70 interfere, hy
your legislation, IN our internal concerns. Such legls
alton without representation is the very essence Of
ics potisn. This dispute divided empire. Let us
AXE that similar assumption Of power does not
d vide another.
Have Congress any power 20 cgs'ste the Ter.
ntoriesi ! said IN my letter 20 Mr.. Nicholson, How
existing necessity may have operated 10 pro
turing this egation and thus extending by rather
violent implication, powers not directly given know
noN But certain il is, that the principle Of n,erier
ence should not be carried beyond the necessary i'm
JhcatOn which produces IT,
The ground Of necessity is that upon which Mr..
Madison placed the action Of the Old Confederation in
passing the Ordinance of l7e7 and If do not msun-
irrstand the late Mr.. Justice story, he entertained
,irnar views when he said that acquired territory
be under the dominion and Jurisdiction Of the
Union, it would be without any government az ST.
u avoid this latter consequence Congress exercise
power otherwise 20 be defended that power should
limited by the necessity OF the occasion which ais
10 forth To preserve the peace Of socisty-snd 70 ils
ground Of support must come a. lsst-there i no
need that Congress should conduct the legislation
y the Territories than that they should conduct the
'-.islatlon Of Virginia or Of Massachusetts. li Il
enough that they should organize governments, aud
hen the necessity for their Interference cesses.-
And the result proves this for the local governments DO
the internal concerns OF the territories IN
cases and would safely in AL Il not restr aimed
% Congressional nterpOsiuou and II Congress can
pass beyond the power 10 organize governments they
may rule territory AZ their pleasure and PROSTATE
every barrier OF freedom H. have heretofore said
they can regulate the RELATION Of master and servant
what but their viii Is 20 prevent them from regu
siing the other relations OF lfe-the relation Of bus
1sud and wife and OF parent and Of child and, indeed.
81. the objects which belong 10 the social state There
no show the slightest necessity Tor this
Interference the part OF the General Government
md there IL consequently man wno can show that
has any night interfere the ground % rs neces
.ary action he people Of the territories are fully
Competent L. conduct their affairs and the very
rst principle OF social system demands that they
should oe permitted 20 DO -.
Whichever may be the source" says Chief Justice
Marshall. speaking doubtfuliy Of the origin OF this
Jurisdiction. whence this power may De derived the
possession OF II Is unquesuonable he = speaking
the power OF Government and no doubt It has been
possessed but Il becomes very important 70 ascertain
aow and how fsr Congress has Justly possessed H. IN
order ascertain what may be exercised
In almost ALL believe may say s-the speeches and
says in support OF the power Of Congress TO
over Slavery, after endeavoring vaguely 10 deduce
q from some clause or other Of the Constitution
The principal reliance Is A. last upon the author
" Of the lew instances OF lie exercise % be found
tue sistute-b0oks Authority and precedent
Wflght-anl ought % weight