Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-08-14
Tuesday Morning, August IA, 1S49.



ed Mexican laws of California, SO far as they are
consistent with the constitution, and under them,
providing some protection to the people of that ter
rtory against anarchy amongst themselves and out
RACES from hostile Indians. Nothing, in the whole
course of the opposition leaders, has more distinctly
manifested their settled policy of indscrmlnateiy
condemning every measure of the President, how
ever justifable and indispensable it may be; and
the present assault is the less excusable because it
is made at the hazard of stimulating such malcon-
tents as there may be in California to revolt and
bloodshed, and is, too, evidently undertaken with
the view of keeping open the slavery dispute, out of
which the cunning Democratic managers hope TO
make political capital in both the Southern and
Northern States.
In its leading article of Friday last, the Union en-
deavours to sustain its assertion that the President
has usurped power not granted hmby the constitu
ZION, by saying:
eve have been taught that the constitution expressly
gives to Congress the power make all needu rules and
regulations respecting the territory or other property be-
longing the United States, and that there was no a
rhority in any other branch OF the government to make
such rules and regulations
And again:
Under the constitution government exist in those
territories which is not prescribed by Congress- and the
President has legal authority over them which the acts
OF Congress do not give him.
We must presume this article to have been writ
ten by the Neao Hampshire Editor of the sole Or
gam" for it displays either wonderful ignorance, or
total disregard of the construction of the Consti-
tuition upon which the power to prohibit slavery in
the Territories is denied to Congress by Southern
statesmen. The language we have quoted CLAIMS
tor Congress alone the power to establish govern
ment in California, because the Constitution gives it
the power to make all needful rules and regulations
respecting 'the territory and other public property
belonging 10 the United tStates." Now, we need
scarcely say to Southern readers, that to derive the
governmental Legislative power of Congress over
the Territories as the Union does, from this clause
of the Constitution is to surrender the whole South
ern argument against the Wilmot Proviso. If we
concede that by the words "territory and other
public property" the Constitution intended the pub
lie Territories, we are obliged to admit that Con-
gress may make any "rules and regulations" con-
corning them, which it may consider "needtul,'
whether such "rules and regulations refer to sa-
very, or to any other subject. Mr. Calhoun sensible
of this logical necessity has always contended snce
be was a member of Mr.. Monroes Cabinet at leasD
that the clause in question "confers not particle
of governmental power" In his great speech on
the Territorial question: delivered in the Senate on
The 9th Of June, l84S, and, we may add upon that
very Oregon bill which Mr.. Polk signed, he con-
structed his argument upon this foundation: that
she power claimed in the Wilmot Proviso "must
either be found in specific grant, or be inferred, by
J,j., claar and
lodged power" 1t not being pretended that there
was any specific grant, he next asked where was to
be found any acknowledged power from which the
power to restrict slavery in the Territories could be
inferred9 We shall quote his own language in an
swer to this question, in order that the Southern
reader may see how very wide OF Southern ortho-
toxy the Washington Union has strayed to find mat
ter of complaint against the Administration
al ask (said Mr. Calhoun where is that be found
The Senator from New York Mr Dix pojlst the clause
IN the Constitution, which provides that Congress shall
have power to dispose Of and make all needfu rules and
regulations respecting the territory and other public proper
~ belonging to the United States Now undertake to at
firm and maintain beyond the possibility OF doubt that so
far from comforting absolute power to govern the Terrific
RES it coners governmental poaoer aOhateoer; no. not
aparf:cle 1T refers exclusively to TERRITORY regarded
Simply as public tadS Every w6a Is ie Considered a
any other character but property Take the expression
disposed Of with which it begins 1t IS easily under"
stood what when applied to lands and the pro-
ger and natural expression regarding the territory in that
character when the object to confer the night to sell or
make other disposition OF it, But who ever beard the e1
preston applied to government And what possible
meaning can it have when so apphed2 Take the next
expression, make all needtu rules and regulations
These, regarded separately might indeed be applicable 10
government in loose but they are never SO ap-
pied in the Constitution In every case where tney are
used in it, they refer to property, to things OF some pro-
cess such as the rules of Court of the Houses OF Con-
OF their pTOceeQlngS DuI never
70 government which always implies persons to be 60"
vered But If there should be any doubt IN tins case me
words Immediately following which restrict them to max
ing rules and regulations respecting the feffoy or 0tHe'
public property Of the United States, must eectualy ex
pelt They restrict their meaning beyond 'he possonV
OF doubt to territory regarded as properly
Mr.. Calhoun urged other cogent reasons to de-
aonstrate that this clause did not confer ON Congress
the power to govern the Territories; but this ex-
tract will suffice to show the paramount Importance
he attached to his construction of it. For, he saw
clearly that if that construction failed, he had no.
thing left him to stand upon.
Even Gen Cas-, while yet in the alphabet of
Southern doctrine, while the change" against the
Vilmot Proviso was yet "going on" in his "own
mind as we'll as Others spoke almost as definitely
as Mr. Calhoun upon this point. In the Nicholson
letter, referring to the needful rules and regula
lions" clause he said:
Certainly phraseoogy is very loose, if it were de-
signed to include the grant the whole power of egsa
ton over persons, well things The expression, the
territory and other public property fairly construed re-
ates to public lands dock yards forts ships and all the
various kinds of properly which the United States may
and must possess Territory is here classed with
property and treated as such and the object evidently
10 enable the general government, property holder
which from necessity must beto manage preserve and
dispose Of such property it might possess and which
authority is essential almost to its being"
Thus we see both of these eminent champions Of
Southern Democracy denying, and properly denying,
that the power to make "needfnl rules and regula-
1ions concerning the territory and other public pro-
perty, gives Congress governmental authority over
the Territories But, the Washington Union, in
order to strike blow at President Taylor inconti-
nently takes precisely the opposite ground and