Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26

cipe involved IN this conoversy-ihe nsepafapie con
nexion between legislation and representation: And wha
paramount necessity calls for It's violation Are not the
people of the Territories competent to their own in
iernal affairs Are they not Of U.S. and with us Bone OF
our bone, and flesh Of flesh The people, with the
same views, habits and intelligence all, indeed which con-
stues national identity Ave. sir, and exhibiting by the
very act OF emigration spirit Of enterprise which commends
them the more TO our respect Cannot such people adm-
mister their government safely and wisely Experience
says they They have in every instance proved their
capacity for self government and life, liberty, and property
have been well protected by their laws BY the laws OF
the Sates is clear, them that there is necessity Tor
Congress egislae for the Territories. They have never
egated exclusively and the few instances OF the ex-
ecise OF such power upon the statute book were not only
unconstutona but acts Of supererogaton which the
Territorial Legislature much more competent Than The
National Legislature consider and determine 10 the ais
faction Of the people of the Territory may be said, sir
that of the recent acquisitions contain considerable
population foreign to political Institutions and not as
well qualified appreciate them native naturalized
citizens who familiar with their operations. But sir this
ohjeconwhich, however, does not touch the principles
entitled consideration practical There Is not
territorial government shall organize in which the
majority of the active population viii be American cit
zeas, en;gane o. e ode. states, anu in which tss class
of persons will not exercise peponderatng influence, con-
trolling all public What then, have fear
The great Issues of life and death left the people No
one calls this in question And TO the trust may be
committed, with equal safety, all the other objects of internal
legislation.
And the late proceedings in California organize gov
ernmen and the constitution which has been the result
the best proofs that could be offered of the capacity of the
people lay the foundations of their political institutions
wisely and Justly. What practical comment is that const
tuition upon the doubts have heard expressed in this hall
and Of it, respecting the intelligence OF these remote ter
rores, and the necessity of restraining them by Congress
sional legislation know Of no constitution in this broad
Unon where the principles Of rational and progressive liberty
better secured than in this first grea. political offering from
the shores of the Pacific.
So much for the difference both in principle and practice
between the power to institute the territories
and ho nf inter pptSla
difference is not speculative one which appeals
only the feelings of the American people and their repre-
sentatves enters deeply into the question before u.s. into
the constitutional OF Congress egslate the ter
rores and thus presents itself the very threshold OF this
inquiry.
There no clause in the constitution which gives to Con-
gess express power pass any law respecting slavery in the
territories. The authority is deduced from various sources,
which propose examine byandby But every construction
which would foreign legislature jurisdiction over this
subject sayeyby foreign mean not elected by the people
to be affected by its acts, responsible TO ihem-woud
equally give Jurisdiction every other department Of
e social and POLITICAL in the territories over the relations
Of husband and wife, OF parent and child, OF guardian and
ward well the relations OF master and servant
and embracing within the sphere of its operations the whole
circle of human rights personal and political life, liberty,
and property in all their various modes Of enjoyment say
the power Of Congress slavery for we have power
to abolish to exclude it, have power to institute it.
We possess complete jurisdiction the subect for there
intellect however acute, which limit the legisla-
tive right Of action, it exist ALL to apply 1t to the ex
cluson Of slavery and withhold it from its institution If
any doubts this proposition let him him turn to the con-
sution and show the limitation Before can believe that
such power granted remote from the objects OF the
government which the trainers of the constitution sought to
establish, belonging exclusively the local questions affect
ing the different communities into which divided,
abandon many Of the illusions have cherished respect
ing the wisdom of the statesmen who composed the Conyen
| ton Of 1857.
We ale all aware ha, there are various clauses the
situon, and various other sources, foreign and domestic,
whence this right OF unlimited legislation the territories
sought be deduced One Of these least express
constitutional grant Of power, and fairly includes the au-
thority to bind the territories IN all cases whatsoever, then
there end Of this question: and may this proviso
and regulate all their other at pleasure But
there other sources, accepted rejected as minds differ
emily constituted take part this controversy, whence Inns
right derived indirectly to the exercise OF some
power found in the constitutions of some other power found
out of the constitution II will hardly be deniedihe time
for denial has yet though appearances indIcae
fast approachnghat these Indirect incidental powers
be employed further than necessary to meet the
occasion which calls them into action. Derivatve In their
nature, they limited in their exercise They cannot 60
beyond the legitimate object which sought 10 be attained
If the necessity for social order the territories, many,
perhaps most of the speakers contend the true fouRda
ton of the right of Congress TO egsate hem i right
which extends further than may be and proper
to fulfil this first duty of society The must be proper
for the end, and proporoned to it and if this end can be
obtained by the establishment of local governments there
the constitutional action of Congress- and the internal
legislation should be committed to the people to be affected by
it, 1t is essential therefore, ascertain whence this power
comes, that may how far it may go; essential
that may not violate the constitution essential that
we may not violate fundamental principle of freedom,
the unaenabe connexion between representation and inter-
nal legislation aud essential that the people of the territories
may conduct their in their way, the very
cardinal doctrine OF American freedom.
Reverng to the proposition that Congress has unlimited
power OF legislation the Territories the first reflection
which strikes the inquirer that this power intended
to be granted nothing easy than for the Conven
ton place the subject beyond doubt by plain expression
of the object Instead hen of five six clauses of the
stuton with remote relation the subject and some
with at all, which in succession relied upon the
foundation of this power should have had clear auho
y for the exercise of Of the highest attributes Of
ernment the highest indeed the right of unlimited egisa
ton. The clause most frequently quoted in support OF this
right that which provides that he Congress shall have
dispose of and make all needu rules and regulations
respecting the territory other property belonging to the
United States. But have hesitation in saying, that il
general jurisdiction life and liberty intended to be
granted by this provision It's phraseoogy little credable
the person who prepared tie body which adopted IL
Heretofore the universal judgment Of country has pro-
nounced that the constitution of the United States less
admirable for the force and pepcuy Of its language than
for the principles establishes and the Government ins
tued Proper words in proper places has been till the
characteristic feature Of its mode Of expression But if the
power to make necdti rules and regulations for the pro-
erty of the United Satesfor this is the grant, and all the
gan-conveys full Legislative authority this property and
all persons living in the region of country, making
man! the Incident Of property, certainly
words unhsppy chosen, reputation for cearness
and certainty unusty acquired That the Convention,
when they intended to grant full legislative power knew what
employ is manifest from the phraseoogy Of the pro-
vision the Of the Federal District and Of
places ceded the erection agazines, asena