The Arkansas banner., 1849-08-14

q ai1ssdemiaad ths laie HF. gussjcs slosy. s enter tsined Similar views when De said that acquired terdtcsy "mas bs andrf she dOmiDioD snd Iurisdie- tioa q the Union, ot it w6nid be wilboat eny gov efnnnent al nir it t0 avoid ihis efconseqoeDee l Congress exercise power nos otherwise to be de- lended that power should be limited by the neces. sty Of the occasion which calls it fourth. To pre- serve the peace of soeety-- and to this gJound ot Ifupprot we must come al iast--there is no more i need that Congress should eoaduct tbe legislation or the Territories than that they should conduct the legislation Of Virginia orof Massachusetts lt # encagh that they should cfgaBize governments, abd ! then the necessity lor thsm lnierierenee essses. And The result proves this; for the local gpveFn- menis do damage the internal concerns Of the Ter Iisnrics in most cases and would sAely m at. f not restrained by congressional issierpositioA; and if Congress can pass beyond the power to organize gcvernmenufs, they may rule territory at their pleasure, and prOslfate every barrier offree6om. IT, 1 as have heretofore said, they regulate the
 laiion of master asd servant, wilat but their own will IS to prevent Them from regulating the other relations of lifeline relation of husband and wife, and of parent and child and, iNdeed. all the ob- jeets which belong to the sociat state Tbere is man who can show the sgitest necessity fnr this interference on the part of tbe general government l and there is consequently man who can show that t has any nght 10 interfere on the ground ol
 its necessary action. The people of the Territories I are fully roapetsnt to eondnce their aHaiEs and
 the very first principle of social system demands thai they shonld be permitted 10 do sU-
 "Whichever may b. tbe source. 1" says Chief Jus tiee Marshall, speaking doubftally of the origin of 1 th's Jurisdiction. "Whencs Ibis. power may be de- rived. the,Poss.on of It yUnqUestiuHauip. lie IS i speaking of the power of government and no ] doubt # has been possessed but t becomes very i important to ascertain how and how far, Congress has justly poseesved it. in order 10 ascertain 10 what extent it may be exercised Tn almost sll-l be- i tteve may say in atI-the speeches snd essays in l support oi the power of Congress to legisafe over slavery, alier endeavoIing vaguely todedace it from some clause or other of the constitution, the prn cipa reliance is at las, upon the authority of the l few instances of its exercise to be found in the f statute books. Authority and precedent have 1 weight and ought ta have some weight, in doSbtinl questions; bat trust there are few to be found who are prepared to shut the constitution and 10 seek in the practice of the government the foundation of its \ power and more especially when, as in this case.
 the early legislative proceedings passed, we have reason 10 believe, without objection or injuIy- Tbey com,nenced ny adopting the provisions of an ordinance of the old government to the adminisra- lion of the new one, and thus impledly recogising the exclusion Of slavery, and seem to have gone on silently and unqestioned for years. have not had
 time 10 lodk back to ascertain the facts precisely but l believe ii wifi be found that ispower las never exercised where there was united sectional orpos
 ton to it Precedent may weigh mnch in ihe con sideration of donbilm question, where the whole subject has been matuTely considered, and many minds have been brought to bear upon it's adjust ment. But ss the foundation of political power practice thus introduced is of little yalue partieu-
 arly when n comes to involve grave questions se- I rIousty affecting the Unioa We turn then instinc. lively from what has beebdone 10 what ought 10 be done from the authority of precedent tc the att
 horiiy Of the constitution. These are times which try such questions. Who can wonder that with the I Vi nf.Ifai af fhia hx, fha Eauth appeal should be made to thecommon charter of the l country. or that large portion of our citizens | should be satisfied with answer Dot derived from Fit? That what has been must continue to be, is a principle which has done more 10 peipenate abuses than all the other causes which have operated upon political institutions.
 Those who advocate and those who oppose the Wilmot Proviso occupy very different positions. The former urge its adoption a matter of expedi- ency, in order to exclude slavery from the newly ac
 qnifed territories, where it not exist and where
 it eaLnot be denied that this exclusion is morally ScertRn without il as with it while the latter all op-
 pose ths measure on the ground of is nncohstititi-
 aIi,y, and large portion of the Union on the
 ground also of its interference with heirrghis and
 feelings. The contest to which this subject has
 given rise has already been productive of the worst consequences. For two years il has prevented all legislation over most important regions, and has left them without government. and in state of dis h l prise Of tte world.
 | l 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 continue
 Is California to become prey 10 intestine dssen-
 sions in the absence of all law, is i to be diven
 10 separate from us because Hegleetto discharge
 et first duies--a dnty of Recessty--that of
 or zanizing government for inc people who inhabit Il Those who oppose the Winot Proviso on the
 ground of it's uneonstitunnaiiiy can never surrender
 their opinions and vote for Those who have herto-
 fore advocated its adopon,may well abandon it. con.
 vneed as they must be, that their object will be as
 we'll asined without i as with ii It appears to me
 one of the most barren questions that ever divided
 country barren in useful results, but fertile iu difficulties and dangars freely confess that l , look with amazement upon the zeal aud pertinacy
 displayed urging this measure under these circum- , stances, and augur from them the worst conse qusnces. These are my sentiments. They will give offence , 10 many, and will expose 10 much obloquy.---
 But do not hesitate thus openly 10 ayow them ior every public man who Is Got prepared 10 take de-
 cded part agreeably 10 hs convictions in times like
 these, is not prepared 10 discharge one of the first , duties which belongs 10 h.s position. "To insure
 domestic ranauIllty, in the words of the constiu- tion, of the great motives of the people o
 the United States in the organization of their pres 2 ent government. Measures which may endanget that tranquility should be seruiinized with great
 caution and never adopted but in The last necessity
 and then with great reluctance.
 ', am, dear sir, with great regard, truly yours, II LEWIS CASS. |, THea.s RIrcmIE. Esq.
 4, Ara.r,ran Flarfre,s- P.,i. 4. m,