Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-07-03


\ western territory.
j In 1886 the "Wmot Provisoi was adopted in
the act establishing the territorial government of
Wisconsin, which received the appreciation and
signature of Gen. Jackson, and in the year 1847
the "Wilmot Proviso attached to the bill crea-
ting territorial government for Oregon, and re-
ceived the appreciation and signature of Mr.. Polk
Such is the weight of authority to be derived
from the action of the Legislative and Executive
Departments of the government for period of
nearly sixty years; and he is a bold man, or a
thouGhtiess one, who would in the face of such
authority, set up his own judgment now againstit;
for my own part, am disposed to yield TO it
| know not how to resist it. | have heard nothing
from any quarter that has served to shake my
confidence in the position assumed by those who
have gone before us, and who have heretofore
commanded so large share of admiration
and our faith; the only arguments | have heard
against it have been derived from sectional feel
ings, or from sectional interests, and not from
the constitution; and constitutional ques ions
not to be settled by feelings or interests, but
by the letter and spirit of the law: that is
safest reliance and strongest security, for II we
may depart from that, to be governed by our VIII,
so may the North, whose fanatcism may DO us
great injustice
not less entitled to consideration in my judgment,
than that already cited--it is the authority Of the
| Supreme Court; whose decisions are entitled per-
haps to greater weight, from the fact that
their conclusions are arrived at with more deibe
ration, with more diligent research, with more &C
curacy and precision, with more learning and WIS.,
dom, and with less of passion and excitement, and
with less reference to political effect, than any 9TH
err tribunal or department of the government
What says that Court in relation to the jurisdic-
ton of Congress over the territories OF the U.
States?
In the case of the schooner Exchange Us. Nc
/ Fadden and others, Chief Justice Marshall says:
"The jurisdiction of the nation within its own terrific
nv unnecessarily exclusive and absolute 1t IS suscep
IDLE of no limitation not imposed by itself Any estric
ton upon it, driving validity from external source
would imply dminution OF its soverelgntyto the ex
tent of the restriction and investment OF that sove-
regnty to the extent in that power which could
impose SUI oh restriction All exceptions, therefore. to
the full and complete power OF nation within its own
territories must be traced to the convent OF that ma
ton itself They can flow from no other legitimate
source"
This language is broad and comprehensive
This is national territory, and according to Judge
Marshall and the Supreme Court, the jurisdiction
of Congress OVERT is erclsipe andabsolute. Unjust
be so unless the constitution has elsewhere i'm
posed the restriction and if the constitution has
imposed the restriction, only ask that 1t may be
pointed out. This "external source spoken OF,
applies to every other source than that Of the gen.
era or national government, whether foreign or
domestic.
Again, in the case of the American Insurance
Co., and ais, VS.. Canter, Qst Peters3 Chief JUS
: tice Marshall says:
"This treaty." by which Spain coded Florida to the
u States, "is the law of the land, and admits the in
habiants of Florida to the enjoyment OF the prlvile
ges rights and mmunities of the citizens OF the United
States 1t is unnecessary to enquire whether this not
their condition independent OF stipulation. They do
not however participate y poTea g Sws eth Iey 90 not
Y 81 III; ' no !; Y! 4 d
to make al needTI rules and regulations respecting
The territory or other property belonging to the o.
perhaps the power of governing territory belong
ing to the u S. which has not by becoming State
acquired the means of self-government may result
cessarly from the facts that is not within the jurisdc-
I ton OF any particular State and is within the power
. and jurisdiction of the u S. The right to govern may
4 be the inevitable consequence of the right acquire
- territory Whichever may be the source whence the
power is derived the possession OF At as unquestioned
! In the case of the Cherokee nation vs. the State
of Georgia, Mr.. Justice Baldwin says The
power given in this clause is of the most penary
kind. Rules and regulations respecting the terri
tory of the United States, they necessarily include
complete jurisdiction. 1t was necessary to confer
. it without limitation to enable the new govern
ment to redeem the pledge given by the old in re-
t lation to the formation and powers of the new
. States.'
> Justice Story says: "The power of Congress
over the territory is clearly exclusive and univer-
sal, and is subject to no CONTROL
The books are full of such authorities, and it is
, needless to cite more. Here them is the concur
rent testimony of every department of the govern
ment and yet we threatened with Disunion
upon the exercise of this power in 1850, as If 1t
were new unsettled question, now for the first
: time presented.
But it appears to me that something more may
be said on this subject, and with your Indulgence,
| will proceed to give you the result OF my own re-
} Elections.
The first thing that strikes ME with force is,
that if we concede the general power OF leglsla-
ton the territories to Congress, how is 1t that
the subject of slavery has been taken out OF the
general power? Where do we find the difference
between that and any other species of property
And if the difference exists, does it not devoVe
upon of the South to shew in what manner, by
what clause of the Constitution, it is made an
ception, and is not embraced in the general power?
If we cannot show that, | take it that we must
yield the point.
But this territory is said to be the common pro-
perty of all the people of the United States Ad-
nit it. is it not to be governed and by whom
| suppose by the people! How are they to govern
it? 1t can only be done through their representa-
tives, EVENT. the Constitution had been silent on
the subject and, being subject to their authority,
it must either be controlled by the majority or the
minority If the majority don't control it, the
minority must; and if the minority don't, the ma
iority must. Now which is it right in this boast
ed Republic of ours. based upon the very prnci-
pie of majorities, however SMALL for the election
of all officers, for the passage of all laws, for the
imposition of all taxes, for the declaration of war,
and for all conceivable purposes, save that of ra-
| tifying treaties with foreign powers, Gor which
two-thirds is required, (Which, say, is it right,
should have the control, the majority or the mno-
rty? For one, | say the majority; and for one,
will submit to that majority, although | may be
sufferer.
Suppose Congress, acting as local Legislature for
this territory should regard horse racing great
moral evil and public nuisance, I certainly should
differ with them in this, but would they not (as in
several States they now do) have the right top pro-
hibit H. and the introduction of race horses for that
! purpose Suppose they think gambling great