The Madisonian. (Canton, Miss.) 1850-1855, 1850-09-26

that they are not. They are suppressed
ed by our own as soon as Territorial
Government is organized; but others
entertain, or confess to entertain, diff
ferent opinion, ~and the doubt thus
evinced will prevent shareholders from
carrying their property the,e to en-
counter law suits. Congress ought,
therefore, 10 insert in any act which
they pass on this subject, clause. stat
ing that the laws Of Mexico are not in
force in those territories. We have
hitherto sought to obtain this in vain
"a declaratory clause.
2. could answer this question gen
orally in the negative. Congress has
authority, in various cases., to pass laws
in affirmance and for the protection of
existing rights. while it has no power
to annul them. The freedom of the
press, trial by jury, the right to be ex-
empt from unreasonable seizures and
searches, with others, are constitution
al rights. Congress may pass laws to
facilitate the enjoyment Ofthese rights
while they have no authority to ahhllor
abridge them. So, if the right to hold
slaves is constitutional right, the pow'
er to remove any distractions to its en-
ioyment in the common territories OF
the Union would not draw after it the
power TO prevent its enjoyment there
Iu a word, Congress may legislate fol
the protection Of a right guaranteed BY
the constitution, but they cannot legis
late to destroy it.
8. The doctrine of non-interv entinr
is not applicable to the present state o
things. Clayton's compromise bill pro
posed to establish Territorial Govern
ments for all he,,erl'itory acquired from
Mexico. The erect Oft would hay,
been to have opened the whole to tn
owners ofslaves, su5jectto the decision
ofthe Supreme Court. 1t was to sucI
; case only that non Intervention conl'
apply. But if Mr.. Clay's compromis
bill should pass Congress would inter
vene by that very act,to prohibit slavery
: in the most important and valuable par
ofthe Common terrltory-fo' all agree
that the people who CHANGED to be il
. Cali fornia, had no right TO declare thi
prohibition and that their act is entire
, iv null and v6id uutll Congress shoul,
give it life and validity. 1t is the SAM
thing as if Congress had imposed lh
proviso themselves. If California i
! admitted with her present Constitution
+ Congress will have i'hlervened agaihs
D the South, and cannot therefore wit
. any show of Justice plead hon>interven
g ton as an excuse tor Withholding iron
Q the South. any act which may be ne
: cessaly to protect her in the eJoymen
= of her Constitutional rights. ..
| hope these answers will be suffici
0 emily explicit to put you in posessio
I, of my opinions-and while believ
J that you attach too much importanc
y to them have not felt myself at liber
c ty to withhold them. In the PreseH
q posture of our affairs, | am vety anxl
It Gus that my fellow citizens of Georgl
r should thoroughly understand their pc
n sltiou, and mingIing an ardent love
: the Union, with an qnalterable deter
6 mination to assert their equal right
IS under the Constitution, should calmI
Il and steadily contemplate the cons'
a. quences which may result from the Dc
j. clslon which they may adopt. :,
u shall be glad to learn that this le
ter has reached you, Respeclfully.yonI
9 ]. McP.HERsoN BGRRIEN.
u Messrs, James Fl. Royal, Joseph !
a Sheumake, and Richard s. Scruggs.
~, kf,Iln n