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

fSStsSSS'ois
,alayslnents of any portion OF the colored race,
ssfhichmakes and executes the lava of the
!cDuntryD And 10 thcso. o.remarksi nddse The
question, it wilItiterefoye be seGF,.on EXAMINE
alton, does not:fegard the exclusion of slavery
from region where It how exists, but a pro-
hibition against its introduction where Il does
not exist, and where, from tho feelings Of tho
inhabitants, and the laws of nature ut is NOR
ally impossible, as Mr.. Buchanan says, t.that
It can ever re-establish ITSELF" have never
uttered 10 human being a 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 re.estabished in the
region ceded to us by Mexico. Such is the
generalopinion in the non.slaveholding States,
among those who are most attached to the
compromises OF the constitution, and most de-
termined to maintain them. And do not
doubt but there are many persons in the South.
ern States who resist the Wilmot Proyiso
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 OF action, and that circumstanc-
es an exclusion which Congress has no right
to pronounce.
In the view here taken, the effort to engraft
even if Congress had the requisite power, is
a useless attempt to direct the Legislation of
tho country to an object which would be Just
as certainly without it If 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 il
peculiarly offensive to one-half OF the States
CT the Union, who see in It an attempt ,o cir.
cumscribe their rights, and TO mortify their
pride Of character. Non,an can look at the
signs Of the times without being satisfied that
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
separation which every good citizen should
seek TO avoid He should seek TO avoid all
occasions of unirendly feelings: to avoid as
far as may be the agtations 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 inestimablc value
of our institutions, and that these ought not to
be hazarded by an internal dissensions, as un-
tous in their consequences
So much for the cxpcdiency Of urging n
measure thus advocated and opposed But
beyond this question is still more important
one in constitutional government, and that
is the power Of Congress to iegslate over the
subject; and this must be settled atfirmatively
before the proPriety of Legislative action can
be considered. l am not going over this
ground at present have already touched
upon it in my letter to Mr.. Nicholson, and l
shall probably have an opportunity Of express
sing my sentiments more at the next session
of Congress.
l shall content myself with presenting
few general remarks here, as the 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 legislate ovor the territories to
be found in the constitution; for believe it
is now generally conceded-os indeed il must
bc-that the power to dispose Of and make
needful rules and regulations |or the territory
and other property of The United States con-
tains no grant ofpolitical power over persons
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 to the territory and other
p' operty of tho United States, wherever stu
ated. But there are some i've or six prov;s.
ions in the the constitution whence the pow
er is sought to be dcduced-somc persons
deriving It from one clause, and some from
another; while each is more fortunate in
showing where it does not, than where it
does exist The exercise of great political
power like this by legislature, deriving its
existence from written instrument, ought
mt IN IL
Nothing shows the we'll l-groundcd doubts re-
spccting this power better than the very un-
certainty in which we are involved in the en-
deavcr to maintain it by an express consti,u.
tonal grant. And no wonder that now, when
peculiar circumstances bring this question
more forcibly than ever before the country,
the true foundation of the power should be
severely investigated.
Those who maintain the right of Congress
to pass the Wilmot Proviso, must maintain
not only the right of that body to establish
governments, and to provide for the nccessi-
ties OF Legislation over tho public territory,
which Is one thing, but also the power to di-
rect all the internal territorial legislation at
its pleasure, without regard to the will of the
people to be affected by it, which is another
and quite different thing. I shall not en-
ter into any subtleties touching the condition
Of sovereignty, or the rights it brings with it.
That subject was good deal debated at the
last session of Congress but it had been al
ready exhausted in the discussions previous
to our revolutionary struggle. We arc SOW
ereign, said the British government to the
colonies, and may legslate 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. Tiis dispute divided one en-
pre. Let us take care that similar assump-
ton of power does not divide another.
Have Congress any power to legisla,e
over the territories | said in my letter to
Dir. Nicholson, "How far an existing neces-
sity may have operated in producing this leg
islation, and thus extending, by rather vio-
lent implication, lowers not directly givon,
know not. But certain it is, that the principle
of interference should not be carried beyond