Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-09-06


the inhabitants Of those regions whether they depend on
their plcughs their beds be slaveholders"
and OF Mr. Walker the former Of whom says; II is NOR
ally impossible, therefore, that majority Of the 6migsnts
to that povD Of the territory south of IS deg 30 min will
ever re-esabi'h slavery within its limits" Mr. Walker
maintains that beyond the Rio Del Norie slavery will not
pass, not only because fbidden because
the eOoed there 10 the ratio Of ten to
over The whites and holding they do the government
and most OF the Offices their possesson they will
permit the ensavement Of any portion Of the coloed
which makes and executes the laws Of the ooUuTy And
to these remarks add: The question il will therefore be
seen examination does regard the exclusion Of slave
~ li"m region where il xiss, hut prohibit
against its introduction where does exist and where
from the feelings Of the inhabitants and the laws Of nature
" It IS morally impossible, Mr. Buchanan says, that it
can ever Te-esiaoiSh iise have uttered 10 hu
man being sentiment in opposition to these views. And
subsequent events the events indeed Of day. confirm
their justice, aud render impossible slavery should be
eestObshed in the region ecded BY Mexico Such
the general opinion IN the non-slaveholdng States among
those who ae most attached TO the compromises Of the
sulIn, aud most determined 10 maintain them And do
not doubt but there many persons in the southern States
who resist The WmOt Piovio with all their power Of
fensve to the feelings and injurious the tights of the
Suuih but who still believe is question rather Of pnc
pie than Of action that preparing
exclusion which Congress has right TO pronounce.
In the view here taken, the effort engraft the Wlmot
Povso upon act Of Congress- il Congress. had the
requisite power useless attempt to direct the legislation
attained without it. II Congress have not the power as
believe they have rot in common with large PARTON Of the
people becomes wore than useless by becoming uDeon.'-
tuonsl And 10 addition 10 this il is peculiarly offensive
TO onehsf 81 the States Of the Uuion who ia il
tempt TO cicumscbe their rights and moIy their pride
Of character No look at signs Of the times
without being satisfied that the prosecution Of this question
producing the worst Of feeling and though
that happen what southern brethren will still cling
to the Union, equally their AL Of safety aud ours still there
evils short OF separation which every good citizen
should seek to avoid He should avoid all occasions
Of unendy feelings: TO avoid far may the sga
ton OF questions hostile 10 the sentiments interests Of
different sections Of the country and thus tending array
one of them against another There is enough passing in
of lie hnaSS
ing around us-io teach the inesimable value Of our
situations, and that these ought be hazarded by inter-
nal dssensions unnecessary in their origin they
porenOus in their consequences.
So much for the expedcucy of urging measure thus ad
vocated and opposed. But beyond this question a still
important one ina constitutional government aud that
is the OF Congress TO legsate the subjects and
this must be settled stmativey before the propety of e
gislave action be considered going this
ground at present. have aeady touched upon il in my
letter Mr.. Nicholson and shall probably have an oppor-
uniy Of expressing fully at the next
session Of Congress
shall eontcn, myself with presenting few general re-
marks here the subject lies in my way There is one
important consideration which very thrcsh-
hold oil ms inquiry; there j. no express power in Congress
to legislae the territories found 10 the consu-
tons for believe it Is now generally concededas indeed
it must tethat the dispose Of and make needfH
rules and regulations for the territory and other property
the United STATES CONTAINS grant of political power
persons upon such property either within or without
the respective States. And If does in the one it must in
the Others for these words equally applicable
rtoTy and other property Of the United States wherever
situated. But there FIVE provisions in the
cOnsiu ion whence the power sought deducedsome
persons deriving from clause and from
while each is fortunate showing where il does not
than VIII re II does exist The exercise of great political
power like this BY legislature deriving its existence from
written instrument ought not TO depend such loose
suciions. Nothing shows the well-gounded doubts
speeding this power better than the very
which involved in the endeavor maintain it by
express constitutional grant. And no wonder that now
when peculiar circumsance bring this question
bic than before the country the Foundation
power should be severely investigated.
Wimo PIOvIso must maintain only tight Of
body TO establish governments and provide for the
stiles oil legislation over the public territory which
thing but also tho power to direct all the internal territorial
legislation at its pleasure without regard will of The
people To be affected by it, which another quite diff
ferent thing shall into any suietics touching
the condition OF sovereignty, the rights briggs with it,
That subject good deal debated the session OF
Congress- but had been already exhausted in discus
siOns previously to struggle
Iegn said the British the colonies and
legislate over you as please You sovereign said
right TO interfere by your legislation in our internal
concerns Such legislation without representation is the
very essence oil despotsm. This dispute divided
pure lie. Us take care that similar assumption Of power
does not divide another
Have Congress any power gislac the territories
said IN my letter 10 Mr. Nicholson How far an extng
necessity may have operated in producing this legislation
and thus extending by rather violent Implication, powers
not direCy given, know Bot certain is that the
principle Of Interference should not be carried beyond tbs
necessary implication which produces it,"
The ground Oi necessity is that upon which Mr. Madison
dinanee Of lTS7 aud il do misunderstood the late Mr.
Justice Story, he entertained similar views when he said
that acquired territory must be under the dominion
jurisdiction OF the Union, would be without any
eminent at ALL If to avoid this latter consequence Con-
gIess exercise power not otherwise 10 be defended tina
power should lie limited by the necessity Of the occasion
which calls forth. To preserve the peace of sOceyan
TO This ground Of support must at lashee is
more neeu ha Congress should conduct the legislation o
the Territories than that they should conduct the Legislation
Of Virginia or of Massachusetts II is enough that ,hey
should organize governments aud then the necessity 70
their interference And the result this 70
the local governments do manage the internal Of thu
Territories IN most cases. and would safely in ALL if no
esuaned by Congressional ineposilion; and II Conges
pass beyond organize governments theI
may rule territory at their pleasure aud PROSTATE ever
barrier Of freedom. II, as have heretofore said they
regulate the relation Of master and servant what but thei
will prevent from regulating the other rea
tOns OF e-the relation Of husband and wife, and of pa
rent and child and indeed, oil the objects which belong
the state There who show the slight
est necessity for this Interference the part Of the genera
government and there is consequently man who can SHOW
that has any right interfere the grund Of IFS
action The people Of the Territories fully com
petent TO conduct their Affairs and the very first pn
epe OF social system demands that they should be
| mitied to dose.
whichever may the source" says Chief Justice Mar
SHALL speaking doubtuly Of the origin Of this jurisdiction
whence this power msy be derived the possession Of il
unquestiOnabe" He is speaking Of the power Of govern
ment; and doubt il has been possessed but il becomes
very important 10 ascertain how ard how far Congress
Justly possessed it, in der to ascertain 10 what extent
may be exercised. In almost ALL believe may il
athe speeches and essays in support of the power
Congress gsae slavery after endeayoring vaguely
deduce from clause other OF the consIutIon
the principal reliance is at last upon The authority OF tn
few instances Of exercise TO be found IN the statute
books. Authority and precedent have weight, and ought
weight in doubtful questions; but trust Their
few to be found who prepared to shut the constu
on and to seek in the practice Of the government the uu
daton Of its power and especially when in hi
case the early legislative proceedings passed, n. we have
reason TO believe without objection inquiry. They com
menced by adopting The provisions Of an ordinance OF lh
old government the administrative Of the AM
thus implicitly recognizing the exclusion oil slavery an
seem 10 have gnne silently and unquestined for years