The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1849-08-01

siavelnent oil any portion of the coIored race,
which makes and executes the laws of the
country" And to these remarks add, The
question, it will therefore be seen on cxarnin-
alton, does not Regard the exclusion OF slavery
from region where 1t now exists, but pro.
hibition against its introduction where il does
not exist, and where, from the feelings of the
inhabitants, and the laws of nature ut is NOR
ally impossible, as Mr.. Buchanan says, .that
it can ever rc-establish ITSELF" have never
uttered TO human being sentiment in op-
position to these views. And subsequent
events, the events indeed OF every dav, con.
firm their justice; and render it impossible
that slavery should be rc-cstablishcd in the
region cCdcd to us by Mexico. SucI, is the
general opinion in the non-slavcholdng States,
among those who arc most attached to tho
compromises Of the constitution, and mos, de-
termincd to maintain them. And | do not
doubt but there are many persons in The South
ern States who resist the Wilmot Proviso
with all their power, as offensive to the feel
ings, and injurious to the rights Of the South.
but who still believe it is question rather of
principle than ofaction, and that circumstance
es an exclusion which Congress has no rirht
to pronounce.
In the view here taken, the effort to cnrraft
the Wllmot ProvIso upon All act OF Congress,
even if Congress had the requisite power, is
useless attempt to direct the Legislation Of
the country To an object which would be lust
as certainly without it Ii Congress have not,
the power, as believe they have not, in com
mon with large portion OF the people, it be-
comes worse than useless, by becoming un-
constitutional. And in addition to this, it is
peculiarly offensive to onc-lali of the States
cf the Union, who see in it an attempt to cir
cnmscrbc their rights, and to lnortiiy their
pride Of character. No man can look at the
signs of the times without being satisfied thai,
the prosecution Of this question is producing
the worst state of feeling; and though trust
that happen what may our southern brethren
will still cling to the Union, equally their ark
OF safety and ours, still there are evils short Of
4 separation which every good citizen should
seek to avoid. He should seek to avoid all
occasions of untricndly feelings: to avoid as
FAR as may be the agitatiOns OF questions hos
tile to the sentiments or interests of different
sections of the country, and thus tending to
array one Of them against another. There is
enough passing in tho Old World-and if
there were were not, there is enough passing
around us-to teach us the incstimablc value
of our institutions, and that these ought not 10
be hazarded by an internal disscnsions, as un
necessary in their origin as they are pertcn-
touS in their consequences.
So much for the cypcdicncv of urging a
measure thus advocated and opposed. Bu,
beyond this question is a still more important
one III 4 constitutional government, and that
Is the power of Congress to lcgislalc over The
subject; AMI this must be settled atiirlnativclv
before the pr"pricty of Legislative action can
he considered. | am not going over this
ground at present. have already touched
upon 1t in my letter to Mr.. Nicholson, and |
shall probably have an opportunity of cxprcs-
sing my sentiments more at the next session
Of Congress.
shall content myself with presenting
few general remarks here, as tho subject lies
in my way. There is one important consider
alton which meets us at the very threshold of
this inquiry: there is no express power in
Congress To lcgislatc ovnr the territories to
be found in the constitution; for believe il
is now generally conccdcd--as intlcc,! it mus,
bc-that the power to dispose Of md makc
nrcdfm rules and regulations for the fcrriiory
and other property Of the United SlaicS con
tains no grant OF political power over persons
upon such property either within or without
the respective States And if it does in the
one, II must in the other for these words arc
equally applicable to the territory and other
property OF the United States, wherever stu
atcd. But there are some five or six prov;s-
ions in the the constitution whence the pow
er is sought to be dcduced-somc persons
deriving 1t from one clause, and some from
another; while each is more fortunate in
showing where it does not, than where il
does exist. The exercise OF a great political
power like this by Il legislature, deriving lis
existence from written instrument! ought
not to depend Oh such loose constructions
Nothing shows the well ll-groundcd doubts re-
spcctlnS this power better than the very un-
certainty in which we arc involved in the cn
dcavor to maintain it by an express constitu
tiohal grant. And no wonder that now, when
peculiar circumstances bring this question
more forcib'y than ever before the country,
the true foundation of the power should be
severely investigated.
Those who maintain the rinlt of CONGRESS-
to pass the Wilmot proyiso, must maintain
not only the right of that body to establish
governments, and to provide for the ncccssi-
ties OF legislation over the public territory.
winch IS one thing, but also the power to di-
rect all the internal territorial legislation at
IT'S pleasure, without regard to the will of the
people to be affected by it, which is another
and quite different thing. shall not en-
ter INTO any Su6tlciicS touching the c, ndition
ol sovereignty, or the rights it brings with it.
That subject was good deal deha.cd at the
last session of Congress; but it had been al
ready exhausted i'll the discussions previous
to our revolutionary struggle. We are SOW
ereIsn' SAID the British government to the
colon'cs' and may legislate over you as we
please. You are sovereign, said our fathers,
and may establish governments but YOU
have no right to interfere, by your legislation,
IN our internal concerns. Such legislation,
without representation, is the very essence
OF despotism. Tllis dispute divided one en-
pre-. Let us take care that a Similar assump-
ton OF power does not divide another.
1iave Congress any power TO legslatc
over the territories said in my letter to
Mr. Nicholson, GLOW far an existing neces
slty may have operated in producing this lcg
islation' and thus extending, by rather vio-
lent implication, powers not directly given,
know not. But certain it is, that the principle
OF interference should not be carried beyond
the necessary implication which nroducoS II -