Democratic banner., 1849-06-25

'"S '"S 1''HSu''y "oeA''iiS ahe Po"eA AAo"
the constitution itself, assert that it is
power de-hors the notwithstanding
above and beyond that instrument-tha
every nation possesses the right Of conques
that the law Of self preservation give!
them this right, and that as a necessary con.
sequence, the conquering power has tn.
right to legislate for the people of the con
quered territory. Now this is all fallacy
for in the first place, the right of conquest
in the Government of the United States i.
an incidental power clearly deducible from
the power to declare war, make treaties,
&C., and being incidental, no other power
can be deduced from it, or there would be
no end to incidental powers as before stated
And again, Congress can exercise no pow
er that is not derived from the constitution
1t is itself the creature of the constitution,
and to say that Congress can exercise a
power not delegated by the constitution, is
to make the creature greater than the Gre
|ator-an absurdity. Strike down the con-
stitution, and Congress has no longer any
existence. 1t derives its very existence
and vitality from the constitution, and the
very moment that instrument is revoked or
stricken down, congress and the whole ma
chinery of government is at an end.
But it is contended that inasmuch as con-
gress has the right to erect a territorial gov
eminent for the people of the territory, and
the territorial government has the right to
legislate for the people of the territory, that
Congress, the creator of the territorial gov
ernment, must possess the same right
This is "more error" The Government is
bound to extend its protecting arm to all its
citizens, whether in the States or in the ter
r~itories, and whether this is done by send
ing among them a body Of troops or othef-
wise, it matters not, so that it is effectually
done. 1t is also bound to protect them in
their rights Of property, as well as in the
enjoyment of life, from the invasion and dep
relations of savages. Now what is a ter
%ritorial government, but merely the means,
a convenient mode of extending the pro-
tecting arm Of Government to the people
of the territory? No more than sending a
body Of troops among them, to protect them
from invasion; for in the one case you send
a military officer to protect their persons,
and in the other a civil officer to protect
their property against evil disposed per-
who may be inclined to prey upon it.
In other words, a territorial government is
but a machinery or convenient mode sent
the territory, to enable the people thereof
to legislate for themselves. And whenev-
er Congress undertakes to do more than
this, it transcends the letter and spirit of
the constitution. But, aside from the con-
stitution, look at the tyranny of the propo-
sition. What was it that caused these States
when colonies or territories, to rebel against
the mother country but the assertion of this
very principle? Lord North asserted the
right Of Parliament to legislate for the colo
mics, to collect taxes of them, and to do all
other acts of municipal legislation;-the
colonies denied this right to Parliament, de-
|claring that they knew better what legisla.
ton they required, than Parliament on the
other side of the Atlantic could possibly
know for them and that Legislation or taxa
ton and representation should go together.
And upon this issue our revolutionary war
was fought, and our independence gained.
Now what is it, but this very principle,
that the free ~soilers, with Col. Benton at
their head, are seeking to force upon the
territories of New Mexico and California?
that Congress has the right to legislate
for these distant territories, and knows bet
ter, on this side of the Rocky Mountains,
what municipal regulations the people on
the other side want, than they know them
Verify if the Colonel and his coad-
tutors, the Barnburners and Free Sellers,
had lived at the time of the Revolution,
they must in principle have sided with Lord