Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-08-01

! government and there Is consequently
no man who can slow that it has amy rish
10 interfere on the ground of its necessary
action: The people Of the territories
are fully competent to conduct their own
affairs; and The very first principle ofo
social system demands that they should
be permitted TO DO so.
"Whichevcr may he The source" says
Chief Justice Marshall, speaking doubt
fully of the original of tho jurisdiction,
'whence this power may be derived, The
possession Of it is unqueslionable." lie
is speaking Of the power Of government;
and no doubt it has been possessed; hut il
becomes very important to ascertain how,
and how far, Congress has justly possess.
ed it, in order TO ascertain 10 wha, extent
it may be exercised. 10 almost all be-
lievc may say in alI--lhe speeches aad
essays in support The power Of Congress
to leSfslate over slavery. after cndeavor.
Ing vaguely 10 dedGcc it from some clause
or other Of The Constitution, the principal
rcliarco is at lasr upon the authority Of
the fcwsinslances, of its exercise To he
found in the statute books Authority and
precedent have weight, and ought TO have
some weight in doubtful questions; but ]
trust there are few to be found who are
prepared TO shut the constitution, and to
seek in the practice Of the government The
foundation Of its power; and more especial
y when, in this case, the early legisla-
tive proceedings passed, as We have iea-
son To believe, without objection or inqni.
ry. They commenced by adopting the
provisions Of an ordinance Of the old 60,
vernment 10 The administration of the new
one, and thus implicitly recognising The
exclusion OF slavery, and seem TO have
gone OH silently and unquesioncd for
years. ] have moi had time to look back
to ascertain lhe,(acts precisely; but believe
it will be found that this power has never
been exercised where there was a uniIed
sectional opposition TO it. Precedent may
weigh much in the consideration Of a
doubtful question, where the whole sub
ject has been uraiurely considered. and
many minds have been brought 10 bear
upon lis adjustment. But as The founda.
tion Of political power praIice thus in
lroduced is Of little value, particularly
when it comes TO involve grave questions
seriously affecting the Union. We turu
HhYRRt HhYt iHH iH IIiRGGiiysy IS from wha! have 5zen
authority Of preceden, TO The authority OF
the constitution. These are tines which
try such questions. Who can wander.
that with the views cnt .r,ained of This
subj ject by The South, an appeal should be
made 10 The conp;o. charter Of The cuun
Try, or that large portinn Of our citizens
should be satisfied with no answer MOI
derived from il? That what has hecn
must corrnuc to be, is principle which
mas done more 10 pcrpeIuale abuses than
all the other causes which have operated
hpon political institutions.
Those who advocate and those who
oppose The Wilmot Provise orcupy very
different positions. The fotmer urge its
adoption as a matter Of expediency, in
order 10 exclude slavery from il,e newly
acquired territories, where il does not ex.
ISL, and where ii cannot lie denied ha,
tins exclusion is as morally certain without
IL as Wah Il; while tho latter all oppose
lh's measure on The ground of its unron
st;lu'locality, aud large portion Of the
UIion on the ground also Of its inlerftr
erce with their rights and feelings. The
contest 10 which this subJect has given
rise has already been productive of the
worst consequences. For Two years it has
prevented all LEGISLATION over most impor.
tant regions, I'd has left them wirhou,
government, ID in a Stale Of social dis
orsnizaiion. 10 our own reproach aud IL
the surprise Of The world.
do not believe there is anoIher country
on the face of the earth which would have
permitted such state of things. And
how long is il TO continue Is California
10 become a prey 10 intestine dissensions
in the absence of all law or is il TO be
driven TO separate from Us because we
neg lect 20 discharge one Of our first duties
"a duty Of neccssity-rhat of organizing
a government for The people who inhabil
il? Those who oppose the WImol Pro.
viso on the ground fits unconslilulionGily
can never surrender their opinous aud
vote for it. Thusc who have heretofore
advocated its adoption may well abandon
it, convinced, as they must be, that there
object will be as well attained without il
as with it. 1t appears 10 NE Que Of The
most barren questions that ever divided
a country, barren in useful results, bui
fertile in difficulties and dangers. free
y confess that | look with amazsmen,
upon the zeal and perinacity displayed
in arguing this measure under these eircum-
stances. and ausur from them ihe worst
consequences.
These are my sentiments. They will
give offence 10 many, and will cxposs E m
To- much obloqny. But do not hesitate
thus openly to avow them; for every pub
lie man who is not prepared to lake a
decided part agreeaby 10 his convictions,
in times like these, in not prepared To- dis.
charge one Of tho first duties " hicllbelohgs
10 his position. ITO insure domestic
tranquility" in The words of The cons,ilu-
lion. was one ofthe great motives of The
people of the United STATES in The nrgapizSa.
lion ollhc present government. Measures
which may endanscr that tranquility
should bc scruIinized with caution. aud
never adopted but in the last necessity,
and then with great reluctance. L au,,
dear sir, with great regard, truly yours.
LEAV. CASS.
THOMAS RlTcHrE, ESQ.