Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-20

these remarks adj: The question. il will there.
i1ofe be seen on examination, does not regard
The exclusion Of slavery from region wnerc
III now EXISTS, but prohibition against its ulro
ductiun where il does not exist, and where, from
the feelings Of The inhabitants, and the laws o!
nature, III is N, rally impossible, as Mr. Blu
chanan SAYS, "tbat il can ever re estab lish IL
| self" have never uttered 10 a human being
a sentiment in opposition TO these views And
| subsequent events the events indeed. Of every
day, confirm their justice, and render il impossi-
| bic that slavery should be re-cstablishct in the
region ccded 10 Us by Mexico. Such is The &c
neral opinion in The ron s'aveholdIns States,
among those who are most attached 10 the CON-
promises OF the Constitutions, and most deter.
m ned 10 maintain them. And do not doubt
there are many persons in the Southern
states who resist the Wilnot Prpyiso with all
their power, IS offensive to The feelings and in
furious 10 The rights OF the South, but who still
believe it is question rather oil principle than
of action, and that circumstances ere preparing
an exclusion which Congress has no light 10
! pronounce.
| In the view here taken, the effort 10 engrafi
1 The Wilmot Proyiso upon an act Of Cong ess,
even if Congress had the requisite power, is a
useless attempt TO direct The legislation Of tho
country 10 an object which would be just as GER
tainly attained without il. II Congress haro
no. the power, as | believe they have not, in
common with large portion Of the people, it
bee mes worse than useless BY becoming uncon
stiu.ional And, in addition 10 this. il is peculiar
| " offensive 10 ore half Of the States Of The
Union who see 10 il an attempt to circumscribc
their rights end 10 m1rlify their p:ide Of char.
| acter. No man can look al the signs OF Tho times
without being satisfied that The prosecution OF
this question is producing the worst state OF
feeling; and though ] trust that, happen what
may, our Southern brethren Nill still cling 10
Tie Union equally their arr OF safety and ours,
still there are evils short Of separation which
every good citizen should seek TO avoid. He
should seek to av. id all occasions of unfrie5dly
feelings: to avoid as far as may be The agitation
O. questions hostile 10 The sentiments or inle-
rests Of different sections Of tie country, aEd
thus lending TO array enc of them against an.
other There is enough passing in tho Old
World-and Il there were not, there is enough
passing around US 10 teach US the inestimabe
value Of our institutions, and that these ough!
/! no; 10 be hnzarded By internal discussions, as
unnecessary in their origin as they are portoa
lous il their consequences.
SO much for The expedienoy Of urging mea-
sure thus advocated and opposed But beyond
this question is still more important one in
constitutional government, and that is the
power OF Congress 10 legislale over the subject;
and this must be settled aflrmniively before the
propric,y OF legislative action can be consider
ed. am not going over this ground at present.
| have already touched upon it in my letter TO
Mr.. Nicholson, and shall probably have an
opportunity Of expressing my sentiments more
al .f fhp MT af C0nQresS
shall content myself with presenting few
general remarks here, as tho subject lies IN my
way. Thcrs is one important consideration
which meets Us at Tho very threshold OF this IN
quiry: there is no cxpruss power 10 Congress 10
cgislatc over the territories, TO be found IN The
Constitution; for believe It is now generally
concedeh-as indeed II must 0c-that the power
! TO Di-FosE s. LsD MAKE NEEDFUL RULES AND re-
GuLATiuHs FIR THE TERRiToRY AND OTHER Pro
pERrY n THE UNITED STATES contains no
grant of political power over persons upon SUCH
property either within or without the respective
states. And il il does in the one, it must IN the
otaor; for these words are still equally applicable
% the TERRITORY AND OTHER PR"FERTY OF the
United States, wherever situated. But there
are some FIVE or six provisions in the CcnsI:tu>
ton whence the power is sought io &c dcduccdi
sone persons deriving It from ono clause, and
some from another; while each is more fortunate
in showing where it does not, than where II
docs exist. The exercise of a great political
power Iise this by Legislature, deriving its
existence from wriltoa instrument, ought not
10 depend on such loose constructions. Nothing
shows The well grounded doubts respecting this
| power better than the very uncertainty IN
which we are involved in the endeavcr 10 mai0-
tain it By an express constitutional graft. And
no wonder that now, when peculiar clrcum-
stances bring this Gnestion more forclbly than
ever before Inc country, the true foundation OF
the power should be severely investigated.
Those who maintain The light OF Congress 10
| pass inc Wilnul Pfoyso, must maintain not on
IL Inc right OF that body 20 establish governments
and 10 provide for The necessities o. legislation
over The public territory, which IS one thing but
also the power 10 .....e:i all lhe internal terri
| torial lcgi-ialIon al lis pleasure, without
regard 10 the viii OF The people 10 be al
/ lec!ed b. ii, which is another and 4ui:e
tffenl Thing. shall no. enter iuIO any snttls-
ii touching Inc coniicn Of sovereignty, or he
rights il brings With it. That snhl'ct was a
good de. debated a, he last session OF Congress-
nui il had been already exhausted IN The discus.
I ,ons previously 10 our rcvo'u ion'ry struggle
| we arc sovereign, said The British Government
| 10 the colonies, and may lesislate over you as
we Please. You are sovereign SAIL our laineis,
aac NAV establish governments; hu. you have no
| r:.h. 10 interfere by your eaisIa;ion in ou' IN
lelnsl concerns. Such legislation, wihou, rep
resenlalion, is The very essence OF despoiism. =
| This dispute divided one empire. Let Us take
care ths. similar assumption OF power does
| not divide another.
| Have Congress any power 10 !esslale over the
tef.oriss2 said in M letter 10 Mr Nicholson,
Glow faf IN existing necessity may have opera
! led in producing this legislation, and thus extend
| ing, b, rather violent Implication, powers no.
| directly given know MOI. But certain il is that
,he principle oil Interference should mol be carried
| beyond the necessary implication which produces
| H."
The ground Of necessity is that upon whicn
| Mr.. Madison placed the action OF me oId con
federation in pas.ing the ordinance ti 1906 ana
/ Il | do mi misunderstood The late Mr.. justice
| Story be entertained similar views when ne
said ,ha, acquired territory must be under me
| dominion and jurisdiction OF the Ution' OF u
would b. without any government al all. II 10
| avoid this latter consequence Conssess exercise
a mower not otherwise 10 DC defender, tnat pow
or should be limited to the necessity OF inc &C
/ casion which calls it FORTH 10 preserve inc
peacc Of socis;y-and 10 this gr' uDd OF support
| we must come at las-thcre IS no moro neeo
| that Congress should conduct the Legislation oil
The territories than that they shoa.a SonouCs 'nc
legislation Of Virginia or Ct Massachusetts. ~
| is mo Ugh that thcY should organize governments,
and then tho necessity for their interference
ceases. And the result proves this; for the local
I governments do manage The internal concerns OF
| the territories in mes, cases, snd would as siic!y
in all, il net restrained by congressional inicr-
pos;tion anil if Congress can pass beyond lhe
| power to organize governments, they may rule
territory a. iieir pleasure, and PROSTATE every
barrie. Of freedom If, as have heretofore
said, hey can regulate the relation Of master
and servant, what but their own will IS 10 pre-,
vent them from regulating The other rotations o.
Ifc-,ne relation Of husband and vile, and q
parent and child; and, indeed, all The Objects
which belong 10 the social state ihera IS %
man who can show the siishtes! necessity f'r
TINS interference on the part CT the general 60
yernncn, and there is consequently no nau
who can show that it has any righ! 10 Interfere