The North-Carolina standard., 1849-09-19
Letters to Senator Baager--No. /.

HoN. GRoRaE E. BADeER: Sirt There are some
truths so completely selfevdent that any attempt q
demonstration would be looked upon as useless
consumption of time. Among such we recognize the
following--that the acts of public men are PUBIC
propertv and as such open to resPecuul
This results from the very nature OF our lnsu.o-
tons; were it otherwise, representative -
" would be at an end, and tne creasu1e q @o11e ~
come greater than the creator. a.
This sir is the only apology we can otter, for the
fav remarks we propose addressing you, ana tnroun
you to the people of North Carolina. g
We are prompted, if we know ourselves rom
nothiug ike political motive. Sech has Nd place
IN our bosom, nor could have, for we trust that we
have proper appreciation Of the magnlsuoe Oh .n
subject about being discuesed ana iee most se"s.o
the improprety as we'll as the danger OF connecting
it with the politics Of the day.
Yes if ever there was a time in which the 6ugies
of party should sound truce to Polltics ana eacu
discordaut tongue be hushed. that perloa mas now
arrived. The South should present oqt one 'front.'
.nd rallv under but one banner until this most per-
picking subject is adjusted. These preliminary re-
marks will suggest to you both the nature as well as
the character of this communication
Our attention, Sir, has recently been directed TO
speech delivered by Won in the Senate of the United
States on the Goth July, 1s4s, upon what IS famli-
arly called " Clayton's Compromise" This speech
we received under your frank. It has been crcula-
ted by thousands in North Carolina; and although
we are not disposed to say OF you reproachtuiy as
has been said by others, that you are ga Southern
man with Northern feelings," yet we must be al-
lowed to enter our most solemn protest against the
doctrines which you have advanced. and respectfully
say that upon this you do not represent etner
the feelings the views of the State. .
Were we writing under own signature, II
might and would be thought the verest presumPuon
in an individual humble as we are, TO assam the
deliberately expressed opinions of Judge Badger ;
and we candidly confess that the point In dis
putes merely legal opinions founded either upon COM
mon law statute law, the decisions OF our courts
of Justice, that the opinion itself would carry mucn
weight.
Politically, however, such is not the case for here
we much suspect that the opinions somewha the
effect of an early political bias, honestly entertained
and ingeniously advocated. ct neither the sIncery
the ngenuity or the high standing OF the advocate
can have any weight nor should have, with any hon
est enquirer after political truth any farther than the
reasons given
When prominent man gives the reasons upon
which he ounds his opinion, the reasons being open
to ALL are the only thing with which we nave 70 oo
and the opinion is stripped of all weight when the
reasons are found to be nconclusye You have, sir,
in the speech In question: given at some lengtn tnese
reasons, and it sail be our province to review
them.
You maintain, most unqualifedly, that Congress
has the right to prohibit the lntroducton OF slavery
into the Territories.
You derive the right to acquire territory from the
Treaty making power, and sayrwhen that acquisition
is made by the exercise of the power thus granted
the Constitution confers upon Congress the power
acquired, under the clause to make all laws neces-
sary and proper for carrying into execution" the
'powers vested by this Constitution in the Govern
of the United States. or in any department. or
officer thereof"
You say that upon this power there can be found
no limitations or restrictions whatever.
We deny that the clause in question confers any
independent grant of power, without any defined
limit or object, but that 1t IS made subject 70 the
qualifications which the clause itself imposes.
Now what, we ask, are the qualifications imposed
by the clause! Clearly, that the laws shall be ne
cessary and proper to carry into execution. what
tho Polosr vested by the Constitution In the Gov
eminent of the United States.
What is the power in question, vested by the Con-
stitution in the Government of the United States
II is to acquire Teritory--for you have truly said
fhe t . M g
refers and proof of 1t. the very character of the
laws, that they shall be s' necessary and proPer"
strengthen the Construction here given.
Whoever heard of such Limitation. or rather of
such qualification upon legislative body, unless |
it was imposed Gas in this instance,) with an eye /
single to the character of the laws made and il this
is admitted does not follow that there Is rostric
ton. and that plainly pointed out by the clause re-
ferred to a
We take the power of " legislation to extend no
farther than the necessary to acquire full and
ample possessio-snch the providing of the money
stipulated by the Treaty, &c.. and we hold that all
The power which is afterwards exercised over Ter
ritory, il assumed power and that whenever exercs-
ed it must be exercised (f a) in strict subordin-
alton to the spirit of the Federal Constitution. Give
the clause in question any other construction and you
convert it into grant of unimited power.
According to your view what may not Congress do
over the Territory Is there any limitation by such
construction upon Congress creating religious es-
Enlistment within the s'District' or in the Terrific
ies2 Can Congress abolish the trial by jury, or
sbridge the liberty of the press -.
If not, t0hy not ! For you can take shelter under
he same elause-to make all laws. necessary and
proper. @
You will hardly contend for these powers, and yet
hey legitimately follow your construction Of the
Constitution. A STAKEHOLDER.
IMPoRTAHr CEss1oH TO RUSSIA BY AUSTRIA. There