The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22

District places them al the disposal o legislature neibsr
elected BY responsible TO them, still there commu
munity OF interest and of feeling resulting from residence
personal intecommunication and political associations
which temper the real despotIsm OF the measure, and
which can never exist between the members OF Congress
aud remote colony And above all this right Of excu
sve Legislation Is one Of the terms Of the national compact
neither doubted nor susceptible OF doubt NJ
have heard good deal said upon this subject of un
controlled legislation over the Territories which is the
very paraphfase oil what was said by Lord North Mr..
Dnndas and by other members of the ministerial party
England threequarters OF century ago The lessons Of
experience are indeed too soon forgotten, but did not
suppose that the lessons taught us By our revolutionary
fathers would 90 soon fade from the memory of the pre-
sent generation. "A great principle is involved IN this
inseparable connexion between egsla
ton and representation And what paramount necessity
tories competent manage their own internal affairs
y q wn q as
views habits and intelligence all, indeed, which con-
sttnics national identity ay sir and exhibiting by the
s mos % q sgss
pie administer their government safely and wisely
Experience says they They have in every instance
vi and property have been as we projected By their laws
by the laws Of the States Il clear then. that there
no necessity for Congress to legsae for the Terrific
res They have never egsated exclusively and the very
few instances OF the exercise OF such power upon the
statute book not only Unconstitutional but acts
OF supererogat0n which the territorial Legislature was
much more competent than the national legislature TO
slider and Determine the satisfaction Of the people Of the
Territory ltmay Be said sir, that some of te recent
acquisitions contain considerable population foreign to
pfeciate them as our native or narazed citizens, who
are familiar with their operations. But, sir, this objec-
ton, which, however, does not touch the principle s
territorial government We shall organize il which the
q 1s ss ~ nsr w not Ss
this class Of persons will exercise preponderating
influence, controlling all public measures What, then,
have we to fear The great issue. Of life and death are
left to The people No one calls thsin question And e
the other objects Of internal legislation.
And the late proceedings IN California 70 organize .
and ns asos at gss sss ss
pacy the people to lay the foundations OF their poit
cal institutions wisely and Justly What apractica COM
= a. @ om upon @ ns ws M
gence Of these remote Territories and the necessity Of
restraining them by congressional legisation know OF
np n ms eq, whes @ s
this first great political offering from The shores OF the
Pacific. a..9 . e
tce between the power institute governments for the
Territories and the power OF internal legislation over hem
But this derences not mere speculative one, nor
which appeals only 10 the feelings OF the American peo
pie and their representatives II enters deeply into the
question before usnto the constitutional power Of Com
gress egsIate the Territories and thus presents
itself in the very threshold of this inquiry.
There is no clause In the constitution which gives TO
Congress express power TO pass any law respecting
slavery in the Territories The authority is deduced
By But every construction which would give to
foreign Legislature jurisdiction over this subject OF
slaverby foreign mean not elected by the people %
equally give L jurisdiction over every other department
OF life social and POLITICAL N the Territories over the
relations Of husband and wife, OF parent and child, Of
guardian and ward, well over the relations OF
master and servants and embracing within the sphere Of
its operations the whole circle of human rights, personal
and poca-ifs liberty and property in all Their b va
gress over slavery for If we have power to abolish or
TO exclude IT, have power to institute It. We possess
complete Jurisdiction over the subect for there is no
tive right Of action, if exist at as to apply i 70 the
exclusion OF slavery aud withhold i from its institution
one @ doubts sa this PR SoPoG Let him Rso turn 70 The
eve that such power was granted 50 remote from the
objects Of the government which the trainers OF the con-
stuon sought establish belonging exclusively 10 the
local Questions affecting the different communities into
which devided must abandon many OF the illu-
sons have cherished respecting the wisdom OF the states
men who composed the convention Of 17s7. I'll
We are all aware that there various clauses OF the
constitution and various oher foreign and do
estic whence this right Of unlimited legislation over the
Territories is sought 10 be deduced One OF these, at
least is an express constitutional grant Of power and
il airlyi the authority % bind NE Territories IN d
ass whatsoevsr then there Is an end Of this question: and
we may pass this Provso and regulate all their other
accepted or rejected as minds differently constituted take
part In this controversy whence this right Is derived IN
directly, necessary 10 the exercise OF some power
found in the constitution, or OF other power found
ont OF the constitution. itwl hardly be denied-the
time for denial has not yet come. though appearances in
dicate il as fast approaching these indirect OF Incl
dental powers are 10 be employed further than Is
necessary the occasion which calls them into ac
ton Deryaye in their nature, they are limited IN their
exercise They 90 beyond the legitimate object
which Il sought to be attained II the necessity for social
order in the Territories, as many perhaps as most
OF the speakers contend, is the true foundation OF
the right Of Congress TO legislate over them il is right
which extends no further than may be necessary and
proper to fulfil this first duty Of society. The means
must be proper for the end and proporoned TO Il and i
this end can be Obtained BY the establishment Of local
governments there ceases the constitutional action OF
Congress, and the internal legislation should be commit
ted 10 the people TO be affected by it. Il Is essential,
therefore, TO ascertain whence this power comes that we
may ascertain how far II may 20 essential, that we
may not violate the constitution essential, that may
moi violate fundamental prncpe OF freedom, the un.
aienable connection between representation and internal
legislation and essential that the people OF the Terrific.
ries may conduct their concerns in their own way
the very cardinal doctrine OF American freedom.
4 Revering 10 the proposition that Congress has un.
limited power of legislation the Territories the st
reflection which strikes the inquirer is, that u this power
were intended TO be granted nothing was more easy than
plain expression OF the object Instead them OF five or
six clauses Of the constitution, some with remote relation
to the subject and with at all, which are IN
succession relied upon the foundation OF this power we
should have had clear authority for the exercise OF one
Of the highest attributes OF gOveTnmentthe highest IN
deedthe right Of unlimited legislation. The clause
most frequently quoted in support OF this nght y
that which provides that he Congress shall have power
10 dispose of and make all needfu rules and reguiaions
a L- 1890. 4 kI