The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-22

msnt, was omnipotsa When, therefore, the exercise
necessary to sstabliGh its existence, but it for
those who opposed u to establish the Limitations
by which 1t was sossht to be controlled But the
powers Of governmsnt are both defined and
limited, and before the authority Of Congress can
be brought to bear upon any subject, the consti-
Mr. C. did not intend to argue with any man who does
not acknowledge the difference between the right Of
is no representation, and the right to organize govern
ments leaving to the people to be affected BY them to
regulate their own oonserns In their own way The
might be necessary and defsnsible but the other
circumstances could justify reconcile its exercise,
with the great principles Of human freedom. He
thst for uliar Congress had the
elusive legislative control the seat of the federal
but the community Of feeling and interest
and So firth which TEMPERED the depotism Of the mss
could spplyin the Of remote colony.
This tight also was oneof the undoubted terms of the
constitution The principle involved in this contro-
versy the inseparabe connexion between lsgisls
tion and representation. What necessity was there
fer its violation at tho present time! Were not the
people Of the territories comp s:ent to manage their
internal affairs? They were our own people, with our
al identity They had proved their capacity for self
government The objection that portion Of the peo
pie the territories were foreigners could not be main
emgIan who would always exercise preponderstng
influence controlling all public measures. What then
wsre . TO the called that in
ton And to the sane trust might be committed with
equal safety all the other objects Of internal legislation
The late proceeding in California to organize govern
ment, and the constitution which has been the resuk
the best proofs that could be offered Of the capacity
Of the people to lay the foundations OF their poll
ticsl institutisns, wisely and justly. What
practical commentary was that constitution upon
the doubt which they had heard expressed in this
hall ewhere, pecpg the intelligence ef those
remote territories, and the necessity of restraining
them by Congressional iesislation He knew of ne
constitution in this broad Union where the principles
OF national and progressive liberty better secured
than in this first great political Offering from the shores
Go ,ahf rha hntht n~sV
ciple and practice between the power to institute
for the territories and the power Of inter-
nal legislation them. Blu. this difference not
mere speculative one, nor one which appeals merely
to the feelings Of the American people and their repre-
sentatiyes 1t entered deeply into the question under
discussion and the constitutional power Of Congress to
egste the territories and thus presented itself
in the very threshod Of this inquiry. There is no
clause in the constitution which gives Congress
power to pass law respecting slavery in the terri
tories The authority was deduced from various
sources which he proposed to examine before he
GUIDED But every construction which would give to
foreign legislature jurisdiction over the subject of sa
yeryby Foreign he meant not elected by the people TO
be al, cted by their acts, nor responsible TO them
would equs give 1t jurisdiction over every other de-
parment OF life social and political in the territories
the relations OF husband sad wife, of parent nd
child, Of guardian aud ward well over the rela
toLs Of master and sersant and embraspg within the
rights, personal and political liberty and pro
Perty, in all thsi- modes OF, enjoyment say the
power Of Congress over slavery" for il We have ths
power to abolish or exclude 1t we have the power to
renstste it. III any one doubted this position, lie.
him turn to the constitution and show the limi-
tstien. Before he could believe that such a power
granted, so remote from the object of the go
vernment which the trainers Of the constitution
e Of the Illusion. he had cherished fs.psoeins ehs
wisdom Il the state,msn who composed the conven-
tiop 1857 There were various clauses Of the consti
tic whence this right Of Unlimited legislation was
sought to be duced Some Of these express cen
stuiopal grants OF power, and they fairly included
the authority to bind the territories in all cases
soever then there end OF this question al they
might pass the Provise sod isgulsts all Their other
whence the right is supposed to be indirectly derived
necessary the exercise OF some poser found in the
constitution some other power found out OF the con-
stituton argument to show the necessity for
ascertsning the extent OF this derivative power as
claimed from whence il derived Mr. C. reverted ts
the proposition that Congress has the power OF egsls
ton and observed that Ii this power had been
intended to be granted by the constitution, nothing
placed 1t beyond doubt, by plain expression OF the
object II the to make needful rules and regu-
stons the territory or other property OF the UR
ted Statesthe clause most frequently relied upon by
the claimants of this power conveyed full legislative
Authority this property and all persons liv
ing on it. thus making man the mere incident Of pro-
periy, certainly never were words more ushappny
@Srs GnSa.y seqeirsd Tha. the convenon wheS
they INTENDED TO convey full legislative powers knew
logy Of the provision for the OF the Federal
District aud OF places ceded for the erection OF forts
magazines arsepals dock yards, and other needful
buildings" where the right was given in express terms
admitting no doubt and the very words employed
which best adapted TO convey the power
10 be granted, and no other power. When therefore,
construction was put upon the authority to make
needul rules ana regulations for property which
ries IL far beyond the import 81 the words those
sumpg 10 were bound to explain why similar language
was not used to grant similar power and by what just
rule phrase 30 limited made to convey po~er
unlimited No man had attempted to do this, and IL
was an obstacle in hnsine which, TIL removed. In
superabe Ii little curious to auAy the differ
ent opinions of different speakers and writer's this
subject, aud to find what diversity Of sentiment pre-
walls respecting the true ground Of inter-
position. There seemed 10 be sort Of consentaneous
admission, that the power exists; but then the
diversity Of views when seeking justify its exercise
by the provisions OF the constitution will sad MIR.
enumerate the most prominent Of these suggestions
and th.n TO test them by the principles of the
constituton;-
The principal reliance till recently, for the sup
port OF this general power OF legislation has been upon
that clause OF the constitution already quoted which
authorizes Congress Co dspo.e Of and make all need
full rules and regulations respecting the territory
other property belonging TO the United States More
recently however a. the subject has been
this clause has found less favor and other provious
have, In succession, been brought forward justify
Ing Congressional interpolation Among these are
The var and treaty making power.
g. The rish TO admit new States
T. The right TO sell the public lands.
D. The right q Ownership.
g. The fistt or duty q settlement.
T. The right OF sovereignty
At 3 O'Clock. Mr. Csss gave way to a motion to 20
Into executive session. and. after brief executive
session, and the transaction Of routine business
the Senate adjourned
House OF representatives..
wssHiSeros, January Fl, 1850
rnE CUBAN ExrEDfTioS.
Mr. DRows, of Miss asked leave 70 introduce a reo.
luton calling the President n not ipjuriou, TO the
public interest TO communicate the evidence In his
possesson Of design last summer to ct out military
h. Sf.t.s "A Of