Columbus Democrat., 1849-08-11

out representation, is the very essence oi Gespni>
/ ism. This dispute divided one empire Let US
] take care that a similar assumption olpower does
not divide another.
/ Have Congress any power 10 legislAie over the
torritoriesl said in my letter 10 Mr., Nicholson,
"Iiow far an existing necessity may have operas
ted in producing this legislation, and thus extend.
/ ing by rather violent Implication, powers mol
directly given, know not. But certain it is that
/ the principle ofn,erterence should not be car.
ried beyond the nece essary implication which pro
T duces it,"
/ The ground of necessity is that upon which
+ Mr.. Madison placed the action Of the old coned-
Grafton in passing the ordinance Of 1881; and il
| do not misunderstood the late Mr. Justice Sto.y,
he entertained similar views when he said that
acquired territory "must be under the dominion
aud jurisdiction Of the Union, or il would be with.
/ out any government at ALL lfto avoid This lat.
ter consequence Congress exercise power moi
otherwise to be defended, that power should be
limited by the necessity Of the occasion which
calls it forth. To preserve the peace Of society
and TO this ground OF support We must come at
last-lhere is no more need that Congress should
conduct the legislation oithe Territories ,hanthat
they should conduct the legislation ofVirginia or
OF Massachusetts. It's enough that they should
organize governments, aud then the necessity for
/ their interference ceases. And the result proves
this; for the local governments do manage the in.
ternal concerns of the Territories in most eases,
and would rs safely in al!,ifnot restrained by con
grcssoaal uterposition; and il Congress can pass
( beyond the power to organize governments they
may rule a territory at their pleasure, and pros.
trale every barrier OF freedom. If as have here
totoro said, they can regulate the relation Of mas.
ter and serant, what but their own will is TO
prevent them from regulating the other relations
OF lc--the relation Of husband and wife, aud of
parent and child; and. Indeed, n the objects
which belong To the social statel There is no
man who c.n show the slightest necessity for this
interference on the part Of the general governs
men,, and there is consequently no man who can
show that it has any right to inelcre onhc ground
Of its nece ssary action. The people the Ter,
ritories are fully competent to conduct their own
affairs; aud the very first principle Of our social
system demands that they should be permitted 10
do So
"Whchoyer may be the source says Chief
Justice Marshall, speaking doubttully Of the ori>
/ gin Of this jurisdiction 'whcnce this power may
he deiiyed,thc possession Gift is unquesiionabe.
/ lie is speaking tihe government; and no doubt
/ il has been possesscd but il becomes very i'm
/ por'ant to ascertain how. and how far, Congress;
has Justly possessed it, in order TO ascertain 10
/ what extent 1t lnay be exercised IN almost all
I II believe may sgy all--the speeches and cs.
/ says in support Of the power Of Congress
to legislate over slavery, after endeavotng
vaguely to deduec It from some clause or other oil
the constitution, the pr ncipa reliance Is az last
upon the authority Of the few instances ofits ex-
eIcse To he found in the statute books Authority
and prcccdcn, have weight and ought to have
some weight, in doubtful questions; but tns,
there are few to be found who are prepared to shut
/ The constitution, and to seek in the practice ofthe
/ government the foundation Of lis power; and more
especially when, as in this case, the early Iegis
latiye proceedings passed, as we have reason to
believe, without objection Or inquiry. They com.
mcnced by adopting the provisions Of an ordi.
nance oil the old government TO the administration
OF the new one aud thus implirdy recognizing
the exclusion Of slavery, and seem to have gone
on silently and unquesioned for years have
not had fine to look back to ascertain tho facts
precisely; but believe It will be found that this
mower has never been exercised where there was
a united sectional opposition to it, Precedent
may weigh much in the consideration ola doubt.
iul question, whore the whole subject has been
maluFeIy considered, aud many minds have been
brought TO bear upon It's adjustment But as the
toundaon OF political powell practice thus in
1 troduced IS Of little value, particularly when it
comes to involve grave questions seriously affect.
1 ing the Union, We turn then instmcycly from
1 what has been doue to what ought 10 be dome
! from the authority olthe precedent to the authority
ofiheconaliiuton. These are times which try such
1 questions. Who can w0ndcr,lhat with tie views
/ entertained OF this subject by the South, an Mp.
! peal should be made to the common charter Of
of the country, or that largo portion o our cili-
zens should be satisfied with no answer not de-.
! rived from ill That what has been must cohiin.
TIC to be, is principle which has done more to
/ pcrpclualc abuses than all the other causes
which have operated upon political institutions.
| Those who advocate and those who oppose
! the WiImot Proigso occupy different positions --
! The former urge It's adoption as matter OF ex.
! pediency, in order to exclude slavery from the
newly acquired territories, where il does not ex.
/ st, and whore il cannot be denied that this cX.
clusion is as morally certain without il a5 with
it; while the latter all oppose this measure on The
ground Of its unconsiuionaty, and large por.
ton ofthe Union on the ground also ofts inter
ference with their rights and feelings. The con.
test to which this subject has given rise has al.
ready been productive ofthe worst consequences.
For two years it has prevented all Legislation over
most important regions, and has left them
without government, and in state Of social
disorganization, to our own reproach and TO the
surprise Of the world,
/ do not believe there is another country on the
face Of The earth which would have permitted
such state Of things. And how long is it to
contipuel Is California TO become prey TO in.
tesine dissansions in the absence Of all law, or
is it to be driven 10 separate from Us because VIZ
neglect to discharge one OF our first duties-Rdu.
ty ofnecessty--that Of organizing government
{ for the people who inhabit itl Those who OPP
/ pose tho Wilmot Proviso on the ground Of its un.
consiitaioDalliy can never surrender their opin.