Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1849-07-30

Congress, even ifCongress had the requi-
site power, is uSele S attempt to direct
the legislation of the country to an object
which would be just as certainly attained
without it. IfCongress have not the pow.
er, as believe they have not, in common
with large portion Of the people, it be-
comes worse than useless by becoming un-
constitutional And in addition to this, 1t
is peculiarly offensive to one-half OF the
States Of the Union, who see in it an at
tempt to circumscribe their rights, and 10
mortify their pride of character. NO man
can look at the signs ofthe times without
being satisfied that The prosecution OF 'his
question is producing the worst state OF
feeling; and though [ trust that, happen
what may, our Southern brethren Will
still cling to the Union, equally their ark
of safety and ours, Still there are evils
short of a separation which every good CT,
izen should seek TO avoid. He should
seek to avoid all occasions of untriendly
feelings; 10 avoid as far as may be the ag-
itaiion of questions hostile to the sentl.
ments or interests of difIe rent sections OF
the country, and thus tending to array one
ofthem against another. There is enough
passing in the Old w World-and ii there
were not, there is enough passing around
us--.o teach US the inestimable value OF
our institutions, and that these ought not to
be haz arded by internal dissensions, as un-
necessary in thcir origin as they are por-
tentous in their consequences.
So much for the expediency of urging
measure thus advocated and opposed. But
beyond this question is still more import
ant one in Constitutional Governme II,
and that is the power Of Congress to legis
late over the subject; and this must be set
tied affirmatiyely before the propriety OF
legislative action can be considered. 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 SEN
timents more fully at the next session of
Congress.
shall content myself with presenting a
fe " general remarks here, as the subject
lies in my way. There is one important
consideration which meets US at the very
threshold Of this inquiry; there is no ex-
| press power in Congress to legislate over
the Territories, to be found in the Consti-
| tuition; for believe it IS now generally con.
ceded-as indeed it mus: be-lhat the pow
er TO dispose Of, and make needful rules
and regulations, for the Territory and
other property of the United States, con-
tains no grant ofpolilical power over per-
sons upon such property, either within or
without the respective States. And il it
does in the one, it must in the other; for
these words are equally applicable to the
Territory and other property OF the United
States, wherever situated. But there sare
some five or six provisions in the Consti-
tuition, 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 power like this
by legislature, deriving its existence from
written instrument, ought not to depend
on such loose constructions. Nothing
shows the we'll grounded d,ubts respectin e
this power better than the very uncertain
ty in which we are involved in the endeav-
or to maintain it By an express constitu-
tional grant. And no wonder that now,
when peculiar circumstances bring this
question more forcibiy than ever before
the country the true foundation of the pow
er shou Id be severely investigated.
Those who maintain the right of Con-
gress to pass the Wilmot proviso must
maintain not only the right of that body
10 establish governments, and TO provide for
the necessities of legislation over the pub
lie territory, which is one thing, but also
rial legislation at its pleasure, without re.
gard to the will of the people to be affected
by it, which is another and quite differ.
ent thing shall moi enter into any sub
tleties touching the condition of sovereignty
or the rights it brings with it That sub
ject was good deal debated at the las1
Session of Congress; but it had been al.
ready exhausted in the discussions previous.
ly TO our Revolutionary struggle We
are sovereign, said the British Government
to the Colonies, and may legisate over you
as we please. You are sovereign, said oul
fathers, and may establish Governments
bat you have no right to interfere, by your
| legislation in our internal concerns. Such
legislation without representation is the
very essence Of despotism. This dispute
divided one empire. Let US lake 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, Chow far an existing
necessity may have operated in producing
this legislation, and thus extending, by
rather a violent implication po wers moi
directly given, | know not. But certain it
is, that the principle Of Interference should
not be carried beyond the necessary impli-
cation which produces it,
The ground Of necessity is that upon
which Mr.. Madison placed the action Of
the old Confederation in passing the Ordi
nance 1887; and if do moi misunderstood
the late Mr.. Justice Story, he entertained
similar views when be said that acquired
territory "rnust be under dominion and
jurisdiction Of the Unior, or it would be
withou. any government at ALL" Ii TO
avoid this latter consequence Con gress
| exercise a power not otherwise TO be de-
Tended, that power should be limited by
the necessity Of the occasion which calls
/ 1t folth. To preserve the peace of society
and to this cround If spnport ,vo n,nst