The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-18


not who adopts the wholesome doctrine Of con-
ftructon am aware it is difficult to draw practical
line at oil times between objects that ought aud that
ought not TO engage the attention Of Congress; aud
think therefore. looking the abuse to which the
whole subject Is liable that the effort should be
MOTTO enlarge the circle Of power; and such
understand 10 be the views of the democratic party
The other proof Of insincerity. as have already
STATE il drawn from the tact. that my letter to Mr.
Nicholson. took ground against the Wilmot proviso
excluding slavery by law from the territories aud
believe that slavery. with without that restriction.
! will not be established there. And the wonder Ia
gravtly expressed how could write that letter. aud
TIE letter Of three lines to the Chicago convention
and yet claim The character Of an honest IL Is
much graver wopG.r 10 how Intelligent editors
OF public papers whose influence pu lie opinion is
great. should venture thus to deal, with po-
litcsl opponent in utter disregard Of his position
! ~ will not surprise you but IL will many who have
viewed my course only in party aspect to be told that
In that letter to MIR Nicholson expressly stated
opinion b., that slavery would extend
liforla or New Mexico and that the inhabitants OF
those regions whether thoy depend thsir pioughs
or heir herds cannot ba slaveholdersn quoted with
tu'i appreciation the opinions Of MIR Buchanan aod Of
Mr. "a sk,r the former of HON says lit is morally
impossible, therefore that najo the to
that portion OF the territory south ~ 30 deg will
ever ablish slavery within it, u,its Mr Walker
maintains that the Rio del slavery will
not pass only because it s forbidden by law but
becaue the col"r,d race there prepoDdrat-s in tho
ratio Of ten to the whites aud holding they
do the government and most Il the offices in their
possession they will not permit the enslavemsnt
OF any portion OF the coorcd race which makes
and executes the laws of the country" And to
these remarks add The question. it will there.
|
exclusion If slavery from region where it now
its bur prohibition against its introduction whore il
does not exist and where from the feelings Of the in
hsbants and the laws If nature lit Is morally im-
possible" rs Mr. Buchanan snys, thar IL re-
establish itself" have never uttered to n human
being sentiment in opposition to these views and
Subsequent evepts--the events ipdC%e OF every dav
confirm their justice, and render it impossbl. that
slavery sh@oid DO feest.bshed in the n ceded to
:. py Mexico Such Is Tho general in the non.
slayehoopg States a.ong are m est
20 the compromises Of the constitution deter
mined to maintain them; aud do not doubs but that
there persons In the Southern States who
sst the Wilmot proviso with all their power Often
sve to the feelings and injurious to the rights Of
South but who still believe II s question rather Of
principle than OF action and that circ are
prerarn exclusion which Congress right to
, pronounce.
In the view hero taken the effort engraft the Will
mot froviso upon act OF Congress N Congress
bad the requisite power is useless attempt direct
the legislation Of the country object would
be just rs certainly attained without it. n Congress
have not the power as believe they have not In com
mon with q large portion OF the people it becomes
worse than useless. by becoming unconstitutional -
And In addition to this is peculiarly offensive to
one. half of the States OK the Union, who in it
attempt to circumscribe their rights and tn mort
fy their pride Of character. 40 man can look at
the signs If the times with cut being satisfied that
the prosecution OF this question Is producing the
etate Of feeling and though trust that happen
what may. southern brethren will still cling the
Union equally their ark Of safety and ours, still here
wills short OF separation which every good citizen
should seek tn avoid He should seek to avoid all &c.
cssons Of unfriendly feelings; TO avoid far may
be the agitation OF questions hostile to the sentiments
or interests OF different sections u The country aud
thus tending to array one Of them ayainst an ,ther
There is enough passing in the Old Worldand there
not there is enough passing around usto teach
US the nestisble value Of Institutions aud that
there not be hazared by internal discussions
in their origin Us they are portentous in
their consequences.
adj ocated and posed But hey oud this question ia
stl more Important one in constitutional govern
the subject; and this must be settled aHirma-
lively before the proprety Of legislative action be
npt have already touched upon it Ia my letter TO
Mr. Nicholson, and shau probably have an oppor-
nifty 81 expressing my sentiments more fully nj tho
neat session Of Congress
shall content myself with presenting fow general
here the subject lies in my way There 10
important consideration which meets AZ the
very threshold Of this inquiry there 10 express
power in Congress to eslate over the territories, to
be found in the constitution; for believe AZ
generally conceded as iDdeed it must be that the
power dispose of and make needful rules and rcgu
iaiions the territory and other property OF the
United States, contains Eo grant Of political poser
OVER persons upon such property, oithor within or
without the respective States And II It does In the
one in the other for these words equally
applicable to the territory and other property OF the
United States. wherever situated But th,ro are some
five six provisions In the constitution whence the
power IL sought to be deduc, d-some persons de-
irving IL from clause. aud rome from auother;
while each Is fortunate in showing where IL dses
not than where IL does exist The exercise Of great
political power like this by legislature deriving It's
existence from written instrumont ought NOT TO de-
pend on such loose constructions Nothing shows the
wngrund, doubts pcctng this power better than
the very uncertainty In which invlsed in the
epdsvor t. maintain II by an express constitutional
grant And no wonder that nov. when ,culAr orr
bring ths question more forcsly than ever
before the country the true foundation Of the power
sic uld Ice severely investigated
81 hose who maintain right of Congress pass the
wilmot proviso must maintain not only the right u
that b. dy establish governments and TO provide for
tn, nccessies Of .Risaton tho public territory
Which 10 ono thing, but also the power ~ direct
sure without regard to the will Of the people 20 be
Affected by II, which IL another and quite different
thing shall not enter into any subustiss touching
the condition If sovereignty the rights brings With
IL That subject VA good deal d.bstrd ut the last
sesn of opgress but 1t had been ALREADY exhausted
a. the discussions previously to our revolutions-
~ atTurrle We are sovereign. saia the British
governr to the colonies aud may sgsf.te over you
p, You ere sovereign said our fathers, and
may establish gov,rpm.nts; but you have no right 10
interfere by Jour legnAtion In our Internal ooocsrus
,rpc. of dr,potism This dsput. divided On, pire
Let us take care that similar assumption Of power
d,,siot divide another
Is,s any power To legislate over the terri
torss, said in my letter to TAR Nicholson. Hos lar
existing necessity nay have operated In producing
lent in, cation powers not directly given kDos
not hut certain 1t IL that the principle OF intcrf.r-
should not b. carried beyond the necessary nPu
cation witch produces ~ "
an, sr,ubd Of necessity IL that upon which MIR
passing the ordiLarc. of1Ts1; and ~ do not misun
d.rtfsnd the late Mr.. Justice story be entertained
similar views when he aid that acquired territory
must be under til. domibion aud 5ur-dotion ~ the
mon or IL would be without any government 1T all
II avoid this latter consequence 'ongrus exercise
pos-r not otb.rwe to b. drfeBd-d that power should
b. limited by the neossy 81 the occasion ~h'ch csas
tforh To preserve the peace u society TO tb's
gruubd 81 SUPPORT must G. me at last there l. no
need thai congress she I'D conduct the
OF the Territores usu that they should conduct the
lea islation % Nifgibis or 81 Massachusetts, IL 10
enough that they should orgsais- government. aud
then the nee. asty fer their Interference ceases
And tn. result proves th Ter the local do
manage the internal concerns of the territories in
meet r.s.s and would safely Ina all N not restrained
BY congressional int.rpositco; aod u oonErs'. can
pas. b. ,opd the pu.rr organise meots they
ny rule territory ~ their pleasure snd prp-rsts
ey.rv bsrr.r Of r. As have heretofore - a,
they can gust. tn. relation OF master aud servant
what but their will H. Ia prevent them from resu-
lstipR the othr relations ~ life. the relation az hus-
bapo aud wife aud of parent and ohiid aud indeed
ell the objects which belong TO the social state There
4. TO Who sho~ the slightest necessity Tor this
int. rer.nce the part of the general government
and there Is copr,quepiy no man Who eau sho~ thas
~ hss any right er.re the ground Oft n-css
Say &C iop The people Of I'll, t.rrtOri.s are fully
tnr tber v-ry