Columbus Democrat., 1849-08-11


YOU, but il will many, who have viewed my course
only in party aspect to be told that in that very
letter TO Mr.. Nicholson expressly stated my
opinion to be, that slavery would never extend to
California or New Mexico; and that "lhe inhab.
itants OF those regions, whether they depend on
their ploughs or their herds, cannot be savehold.
ers." Iquo,ed with full appreciation the opin-
ions Of Mr.. Buchanan and Of Mr.. Walker, the
former OF whom says: "ltis morally impos,i.
bic, therefore, that Il majority Of the emigrants
10 lhatporton ofthe territory sou Of $50 80 viii
ever re-esta5lish slavery within its limits Mr..
Walker maintains that "beyond the Rio del
Norte slavery will not pass, not only because il
is forbidden by law, but because the coored race
there preponderates in the ratio OF ten to one
oyer the whites; and holding as they do, the
government and most of the offices in their pos.
session. they will not permit the enslayement Of
any portion of the colored race, which makes and
executes the laws Of the country" And to these
remarks add The'question, it will therefore be
seen on examination, does no, regard the eGclu>
sion olsavery from region where It now exists,
but prohibition against IFS introduction where
it does not exist, and where, from the feelings
OF the inhabitants and the laws of nature, "it is
morally impossible" as Mr.. Buchanan SAYS,
"it can never re.esablish ITSELF" | have never
uttered to human being sentiment in opposition
to these views. And sulseqlent events, the
events indeed Of every day, confirm their justice.
aud render it impossible that slavery should be
re-established in the region ceded to Us by Mexi.
co. Such is the general opinion IN the non.
elavchoding States among those who are most
attached TO the compromises Of the constitution,
and most determined to mlintan them. And do
no. doubt bu; there are many persons ia the south.
ern Stses who rcsis, the Wilmot Proyiso with all
their power, rs offensive 10 the feelings and inu.
rous to the rights OF the South, but who still 6e>
liere it is question rather Of principle than OF
action, anl that circumstances are preparing an
exclusion which Congress has no right TO pro-
nouncc.
In the view here taken, the effort to engralt the
Wilmot Proviso upon an act Of Congress, even ii
Congress had the requisite power is a useless
attempt to direct the legislation OF the country TO
an object which would bc Just as certainly attain.
cd without it. L Congress have not the power,
as believe they have not, in common with a
large portion ofthe people, ii becomes worse than
useless by becoming unconstitutional. And in
addition to this, it is peculiarly offensive to on
half Of the States of the Union, who see in it an
attempt to circumscribe their rights, and TO mor-
tily their pride of ofcharacter No man can look
at the signs the times without being satisfied
tia, tho prosecution ofthis question is producing
the worst state Of feeling; and though trust that
happen what may, our southern brethren will sill
cling to the Union equally their ark ofsatey and
ours, still there are evils short Of separation
which every good citizen should seek to avoid,
He should seek to avoid all occasions OF untriend-
ly feelings: to avoid as far as may be tho agitation
ofquestions hostile TO the sentiments or interests
Of different sections o! the country and thus tend.
ing to array one ofthem against another. There
is enough sing in the Old World-aud ifthera
were not, there is enough passing around ns--to
teach us the inestimable value OF our institutions,
and that these ought not 10 be hazarded by in.
tcrnal disscnsions as unnecessary in their
origin as they are poncntous in their consequcn.
ces
So much for the oxpedency OF urging meas.
ure thus advocated and opposed. But beyond
this question is still more important one in a
constitutional government, and that is the pow.
cr ofCongress to legislate over the subject; and
this must be settled ailirmatvely before the pro-
pricty Of legislative act can be considered ! am
not going over this ground at present. have
already touched upon it in my letter to Mr. Mich
olson, and shall probably have ar opportunity
Of expressing my sentiments more fully at the
next session OF Congress
shall content myself with presenting q few
general remarks here, MS the subject lies in my
way. There is one important consideration
which meets Us at the very threshold Of this ell.
quiry: there is no express power in Congress 10
legisate over the territories 10 he found in the
constitution; for believe it is now generally con,
ccded--as indeed it must be- that The power TO
dispose of and make necdtul rules and reguia
lions for The territory and other property Of he
y. 5. contains no grant Of political power over
persons upon such property either within or wh>
out the respective States. And il it does in the
one It must in the other; for these words are
equally applicable to the territory GnI other prop.
erty Of the United States, wherever situated.--
But there are some five or six provisions in the
constitution whence The power is sought 20 be de-
daced some persons deriving il from one clause,
and some from another; while each is more for,
tunaie in showing where it does not, than where
il does exist. The exercise of great political
power like this by Legislature, deriving il exist
cnce from a written instrument, ought not TO de.
pend 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 endeavor to maintain it by an ex
press constitutional grant. And no wonder that
NOW, when peculiar circumstances bring this
question more iorcibly than ever before the coun
try, the true foundation Of tho power should
be severely Investigated.
Those who mainlan the right Of Congress tc
pass the Wilmot Pfoyiso. must maintain not only
the right Of that body to establish governments
and 10 provide for the necessities Of Legislation
over the public territory, which is one thug, bu
also the power to direct all the internal errtoria
legislation at its pleasure, without regard to thc
will Of the people to be affected by it, which ~
mother and quite different thing. ] shall no
enter into any subtleties touching the condition .
sovereignty. or the rights it brings with it. Tha
subject was good deal debated a, the last session