Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-07-30

by Mexico. Such Is the general opinion IN the
non-slaveholding STATES, among those who are
most attached to the compromises of the constitu-
ton, and most determined to maintain them. And
do not doubt but there are many persons in the
Southern States who resist the Wilmot Provso
with all their power, as offensive to the feelings
and injurious to the rights Of he South, but who
still believe it is question rather of principle than
of action, and that circumstances ale preparing an
exclusion which Congress has no right to pro-
nounce.
In the view here taken the effort to engraft the
Wllmot Provlso upon an act of Congress, even if
Congress had the requisite power, is useless at
tempt to direct the Legislation ofthe country to
object which would be just as certainly attained
without i. i Congress have not the poweS. as l.
believe they have not, in common with large
portion of the people, it becomes worse than use
less by becoming unconstitutional. And in addi
ton 10 this, it is peculiarly offensive to one half Of
the States of the Union, who see in it an attempt
to circumscrbe their rights, and to morfify their
pride Of character. No man can look at the signs
Of the times without being satisfied that the prose-
cution of this question is producing the worst state
feeling; and though trust that happen what may
our southern brethren will still cling to the Union,
equally their ark of safety as ours, still there are
evils short of separation which every good citi-
zen should seek to avoid. He should seek to avoid
all occasions Of nnfrendly feelings; to avoid far
as may be the agitation of questions hostile to the
sentiments or interests Of different sections of the
country, and thus tending to array enc Of them
against another. There is enough passing in the
Old Woodland if there were not, there is enough
passing around us---to teach US the inesmable
value of our institutions, and that these ought not
to be hazarded by internal dssensions, as uneces-
sary in their origin as they are portsnious IN their
consequences.
u r.. &c,
ure thus advocated and opposed. But beyond this
question is still more important one i'll a consti-
tutional government and that is the power Of Con-
gress to legislate over the subject; and this must
be settled af1irmatively before the propriety Of
legislative action can be considered. am not go.
ing over this ground at present. | have already
touched upon it in my letter to Mr.. Nicholson,
and shall probably have an opportunity of ex-
pressing my sentiments more fully at the next
session Of Congress,
shall content myself with presenting few
general remarks here, as the subject lies in my
way. There is one important consideration which
meets us at the threshold Of this enquiry; there is
no express power in Congress to legislate over
the territories to be found in the constitutional for
believe ii Is now generally conceded-as indeed it
mast be-that thepower to dispose Of andnsake need
FIJI sgss and regulations for TIE territory gnd other
property Of tie United States contains no grant
of political power persons upon such property
either within or without the respective States
And lift does in the one it must in the other for
these words are still equally applicable TO the terri
tory s. other property Of the United States, wher-
ever situated l,ut,here are some five or six pro-
visions in the constitution whence the power is
sought to be deduced-some persons deriving it
from one clause, and some from another-while
each is more fortunate in showing where it does
not, than where it does exist. The exercise Of a
great political pnwer like this by Legislature
deriving its existence from written instrument
ought not to depend on such loose constructions.
Nothing shows the wellgfounded doubts respect
ING this power better than the very uncertainty in
which we are involved in the endeavur to main !.
tain it by an express constitutional grant. And
no wonder that now, when peculiar crcumstances
brings this question more orcibly than ever before
the country, the true foundation Of the power
should be severely investigated.
Those who maintain the risht of Congress to pass
the Wilmot Proviso must maintain the right Of that
body to establish governments & to provide for the
necessities Of legislation over the pubc territory
which is thing, but also the power to direct all
the internal territorial legislation at its pleas
ure, without regard to the will Of the people 10 be
affected by il, which is another and quite differ
ent thing. shall net enter into any subtletics
touching the condition of sovereignty the rights
it brings with it. That subjec, was a good deal
debated at the last session of Congress but it had
been already exhausted in the discussions previ
ousy to our revolutionary struggle We are SOW
ereign said the British governments to the colonies,
and may legisiate over you as we please. You
are sovereign, said our fathers, and may establish
governments; but you have no right to interfere
by your legislation, in our internal concerns. Such
legislation Elthoat representation, is the Very
sence of despotsm. This disE use divided one en-
piIe Let us take care that similar assumption
of power does not divide another.
Have Congress any power to legislate over the
territories? said in my letter to Mr.. Nicholson,
"How far an existing necessity may have opera
ted in producing this legislation, aud thus extend
ing, by rather violent implication, powers not
directly given, know not But certain it is, that
the principle Of interference shopd not be carried
beyond the necessary implication which produces
itH
The ground of necessity is that upop which Mr..
Madison placed the action of the old confederation
in passing the ordinance of 1857 and i'll do not
misunderstood the late Mr.. Justice Story, he en-.
tertained similar views when he said that acquir-
ed territory ssmust be under the dominion and jul
risdction Of the Union, or it would be without any
government at ALL" Ifto AVOID this latter eopse-
quence Congress exercise power not otherwise
to be defended, that power should be limited by
the necessity of the occasion which calls it forth.
To preserve the peace of society-and to this
ground OF support we rlust,come at last-there is
no more need that Congress should conduct the
legislation of the Territories than that they should
conduct the Legislation of Virginia or Of Massa
chusetts. it is enough that they should organize
governments, and then the necessity for their in
reference ceases. And the result proves this; for
the local governments domanage the internal con-
Germs Of the Territories in most cases, and would
as safely in all if not restrained by congressional
interposition and if Congress can pass beyond
a." territory at their pleasure, and prosfate every
barrier Of freedom. IT, ASH have heretofore said,
they can regulate,the relation Of master and ser
| want, what but their own will is to prevent them
from regulating the other relations Of life-the re-
la.on Of husband and wife, and of parent s. child;
and, indeed. all the objects which belong to the
social state2 There is no man who can show the
slightest necessity orthis interference on the part
Of the general government, and there is coEse-