The North-Carolina standard., 1849-08-08

at the very threshold of this inquiry there is
press power in Congress to legislate over the terrific
is now generally conceded-as indeed it must be-
that the power to dispose Of end make $we
and regulations for the territory and other property et
the United States contains grant of political power
without the respective States And if It does in the
one it must the other these words are equal
u applicable to the territory Gndptkr property Of the
United States, wherever situated. But there are
some five six provisions In theconstitution whence
the power is sought TO be deduced-some persons
deriving 1t from clause, and some from another
while each is. more fortunate in showing where 1t
does not than where it does exist The exercise OF
great political power like this by Legislature, de-
irving its existence from written Instrument ought
not depend sach loose constructions. Nothing
shows the well-grounded doubts respecting this pow
er better than the very uncertainty in which we are
involved in the endeaVor to maintain it by express
constitutional grant. And no wonder that now,
when peculiar circumstances bring this question more
forcbly than ever before the country, the true opn-
dation of the power should be severely investigated
! Those who maintain the right of Congress to pass
the Wmot ProViso, must maintain not only the right
of that body establish governments, and to provide
for the Legislation override public territory, which is
thing but also the power to direct all the inter-
nal territorial Legislation at its pleasure, without
gard to the will of the people to be affected by it,
which is another and quite different thing. shall
not enter into any subetes touching the cendition of
sovereignty, or the rights it brings with it. That
subject was good deal debated at the last session
of Congress but had been already exhausted In the
discussions previously revolutionary struggle.
We, are sovereign, said the British government
the colonies, and may legsate over you please.
You are sovereign said our fathers, and may estab
sh governments but you have light to interfere,
by your Legislation, our internal concerns. Such
Legislation without representaon,i the very essence
of despotism. This dispute divided one empire. Let
us take care that similar assumption of power does
not divide another. ay .. > z2' z.t s''5
Have Congress any. power to legislate over the
territories said. in my letter TO Mr. Nicholson,
"How far an existing necessity may have operated
in producing this Legislation, and thus extending by
rather violent implication, powers not directly Civ
en-, know not But certain tits; that the principle
of interference should be carried beyond the
essary implication which produces it,
The ground of necessity is that upon which Mr..
Madison placed the action of the old confederation
in passing the ordinance of 1887; and if, did not
misund derstand the late Mr. Justice Story, he enter
tanned similar views when he said that acquired terri
tory t'must be under the dominion and Jurisdiction
OF the Union, it would be without any government
at all If avoid this latter consequence Congress
exercise power not otherwise to be defended, that
power should be limited by the necessity of the oc-
casion which 1t calls forth. ToPrcserve the peace of
society-and to this ground support must come
at Iast-there is more need that Congress should
conduct the legislation of the Territories than that
they should conduct the Legislation of Virginia of
Massachusetts. 1t is enough that they should or
ganize governments and then the necessity for their
interference And the result proves this for
the local governments do manage the internal con-
Germs of the Territories in most cases, and would
safely in ALL if not restrained by Congressional inter-
position and if congress pass beyond the pow
er to organize governments, they may rule terrific
ry at their pleasure, and PROSTATE every barrier of free
dom. If, as have heretofore said, they regulate
the relation of master and servant, what but their
will is prevent them from regulating the 9TH
relations of life-the relation of husband and
wife, and of parent and child and. indeed, all
the objects which belong to the social state There
,1A Oh -l.- -.
for this interference the part of the general gov
ernment, and there is consequently man who can
show that it has any right to interfere the ground
of its necessary action. The people of the Terrific
ries are fully competent to conduct their own affairs
and the very first principle of our social system de-
mands that they should be permitted to do so.
Whichever may be the source,'' says Chief JUS
tice Marshall, speaking doubtfnly of this jursdic-
ton, whence this power may be derived, the pos
session of it is unqnestonable." He is speaking of
the power of government; and no doubt it has been
possessed, but it becomes very important to ascer-
tain how, and how fars Congress has Justly possess
ed it, in order to ascertain to what extent it may be
exercised. In almost ALL believe may say all
the speeches and essays in support Of the power Of
Congress to legslae slavery, after eneavorihg
vaguely to deduce it from some clause or other of
the constitution, the principal reliance is a: astup
the authority of the few instances of its exercise
to be found in the.statue books Authority and pre-
cedent have weight, and ought to have some weight
in doubtful questions bat trust there are few to be
found VINO are prepared to shut out the constitution
and to 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 to believe, without objec-
ton inquiry.aD They commenced by adapting the
provisions of ordinance of the old government to
the administration of new one, and thus implicitly
recognizing the exclusion Of slavery, and seem to
have gone silently and unquestioned for years. 4
have not had time look back ascertain the facts
precisely; butt believe it will be found that this
power has never been exercised, where there was a
united sectional opposition to it: Preceden. may
weigh much in the consideration of doubtful ques-
tion where the Wholesabect has been maturely con-
sidered, and many minds have been brought to bear
upon its adjustment. But as, the foundation of no
tical power practice thus Introduced is Of little
value, particularly when itcomes to involve gfave
questions seriously affecting the Union. We turn
then nstinctyely from what has been done to- what
ought to be done-rom the authority Of precedent to
the authority of the constitution These are times
which try such Questions. Who can wonder that
with the views entertained of this subject bvS the
South, an appeal should be made to the common
charter OF the country, that large portion of our
citizens should be satisfied with no answer not de-
rived from it! That what has been must continue
to be- lis pFincple which has done more to perpetu-
ate abuses than all the other causes which have ope
rated, upon political institutions,
Those who advocate and those who oppose the
Wlimot Provlso, occupy very different positions.
he former urge its adoption matter of expedi-
ency, in order to exclude slavery from the newly ae-
CURED territories where it does not exist and where
cannot be denied that this exclusion is as morally
certain without it with it while the latter all oi-
pose this measure on the ground o sits nuconstitu-
nonalIty, and large portion of the Union on the
ground also of its interference with their rights and
feelings. The contest to which this subject has
given rise has already been productive of the worst