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

thus tending 10 array one Of them against
another. There is enough passing in The
Old World-snd if there were moi, there
i. enough passing around ns-te teach us
the ,neslimable value Of our institutions.
and that these ought not TO be hazardcd
by internal discussions, as unnecessary in
their origin as They are ponentous in lheiF
consequences.
So much Tor the expe1iency Of urging a
measure thus;advocaIed and opposed. But
beyond this question Is still more i'm
porant one in a constitutional government
and that is die power Of Congress to legis-
late over llle5 suhjccI; and this must be
settled affirmatively before the proprieIy
of legislative action can be considered. |
am not going; over this ground a, present:
| have already 'ouchcd upon i, in my letter
to MIR. Nicholson, and shall probably
have an opportunity of expressing my
sentiments more fully at The neSt session
Of Congress:
shall content myself with presenting 4
few general semarks here, as The Subject
lies in my way. There is one important
considerations which meets US at lbe very
threshold of this inquiry; there is no cx-
press power in Congress to lceisate over
the territories 10 be found in The consIitu-
ton; for | believe it is now generally con
ceded-as indeed it must be-,hat the
pnwer TO dispose Of and make neediWl
rules and regulations for The territory and
other property Of the United STATES con-
tains no gram Of political power over per-
sons upon such property either within or
without The respective States. And if it
does in the one, it must in the other; for
these words are equally applicable 10 the
territory andother property Of the United
States. wherever situated. But there are
some FIVE orfsix provisions in the consliIu.
ton whenceahe puwer is sought to he de-
duced-some persons deriving it from one
clause. ands from another while each
is more fortunate in showing where il does
not, than where it does exist. The exer-
else of great phIiticaI power like this by
n legislature, deriving its existence from u
written inslfumept, ought not to depend
on such loose CO rstruclions. Nothing
shows The well grounded doubt respecting
This power better than the very uncertain
ty in whictiWe are involved in the endea-
vor to maintain Thy an express cons'ilu.
-t..stal .-.HI sLan.ssir circumstances bring This
question morc furcibly than ever bef're
the country, Tie true foundation CT The
power should be severely investigated.
Those who maintain the right of Con.
sress 10 pass The WiImot Proviso. must
maintain not only Tie righ, Of thai body 10
establish governments. and TO provide for
the necessities Of legislation over the
public territory, which is one hing, but
also the power to direct all the in!crnal
territorial legislation at its pleasure, with
out regard 10 The will Of the people 10 he
affected by it, which! is another and quite
a different Thing. | shall not enter into
any suJileties touching The condition Of
sovereignty, or the rights i, brings with it.
That subject was good deal debated at
the last session OF Congress; but it had been
already exhausted in the discussions pre-.
viousIy 10 our revolutionary Struggle. We
arc sovereign. said The British government
10 the colonies, and may egislate over you
as we please. You are sovereign, said
or fathers and may establish govern
mcnls; but You have no right TO interfere,
by your legislation, in our internal coli.
cerns. Such legislation, wiIhp:!, -cpro.
sentaliun. is The very essence ii dcspo.
lisn. This dispute divi,4.ed one empire.
Let us take care that IA Similar assumption
Of power does nor divide another.
Have C'nE,:css any power 10 legislale
over the trrr,rnries said in my letter
to Mr.. l*Icholson, "How far all existing
necessity may have operated in producing
This lesislaiun, and thus extending, by q
rather violent implication, powers mol
directly gwen, know not. But certain
! it is, that the principle Of Interference
should NOT be carried beyond the necessary
implication which produces it,"
The ground of necessity is that upon
which Mr.. Madison placed The action oI
the old confederation in passing The or.
dnance Of 1857; and if | do moi misun>
derstand The late Mr.. Justice Story, he en-.
teraned similar views when he said that
acquired territory must ho under the
dominion aud jurisdiction of:lhe Union, or
it would he without any governmen, al
all" Ifto avoid this latter consequence
Congress exercise power not otherwise
10 he defended, that power should be lim-
ted bv The necessity Of the OCCASION which
calls il forth. 10 preserve The peace OF
socie,y-and TO this ground Of support we
must come at last-lhere is no more need
that Congress should conduct the legisla-
tion of The territories than that they should
conduct the legislation of Virginia'or of
Massachusetts,. 1t is enough thar they
should organize governments, and then tho
necessity for their interference ccases.-
And the result proves This, for Tho local
governments do manage internal concerns
Of the territories in most cases, and would
as safely in all, if not restrained by con-
gressonal inrerposilion; and if Congress
can pass heyond tho power to organize
governments. they may rule territory OF
their pleasure, and proslrate every barri-
er Of freedom. II. us | have heretofore
said, they can regulate the relation Of
master and servaul, what but their own
will is 10 prevent them from regulating
the other relations Of lIe--!ilo relation ni
husband and wife, and Of parent aud child
aud, indeed, all the objects which belong
10 the social slate! There is no man who