The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-17

From the .isgsas Repsbiie.
The following interesting correspondence be-
tween some citizens Of Buske and the Hon J.
McPherson Berricn, it affords us pleasure TO lay
before our readers and the public;
ALEXANDER, Ga, Aug. 10, 1850.
Sir:-FuIly impressed with the belief that
your deliberately expressed opinions, upon the
principles involved in this crisis Of our public af-
fairs, would exercise most momentous infiu-
ence upon the distracted counsels of the State,
we have taken the liberty OF intruding upon your
leisure moments. In propoundng the follow
ing questions for your consideration, We propose
to make such disposition of your reply,
(should you deem them worthy of 0ne,) as you,
in your mature judgement, may consider most
conductive to the public interests We feel no
hesitation in expressing our decided, conviction,
that public expression Of opinion on your part,
would be directly instrumental in harmonizing
the conflicting views prevailing to SO great an
extent in the State OF Georgia. This conviction,
thus forced upon our minds, must be our apollo
gy for the liberty we have taken. Allow us to
express our highest appreciation of the stand
you have taken in our behalf.
L. If the bill reported to the Senate by the
Committee of Thirteen, known MS the compromise
bill, had become a law Of the land; could slavery
have been extended to the Territories acquired
from Mexico? i.9ffF
2. Will not the claim shat Congress has the
right, and it is its duty to legislate to protec.
slavery in the Territories" yield by implication
the power to legslate against it
g. If the Constitution confers "the right of
SLAYER to enter and occupy the territories of
the United States" will the demand upon Con-
gress to recognize tiat right in any and every
territorial bill, be inconsistent with the doctrine
of non-intervention res9
In submitting these questions to your cOnsid-
Grafton, to be decided upon, in the premises ac-
cording to your discretion, we have the honor to
be, very respectfully,
JAMES III. ROYAL,
Jos. A. SHEUMAKE,.
RrcH'D S. ScRUGGs
Hon. Jno Mcpherson Berrien, u. s. S.
7sai3 WASHINGTON, Aug. 81, 1850.
GENTLEMEN Laboring under indisposition,
and pressed by engagements, have not until
now been able to answer your letter. Presum-l
ing you have kept copy of it, do not restate
your questions accept the following answers
/. If the Compromise bill should pass, slave
ry will be excluded from California, by the pro-
vision of her Constitution, to which Congress
will have given validity; as to Mexico and Utah,
it will depend upon the question whether the
Mexican laws are Ia force hold that they arc
moi. They are superseded by our own as soon
as Territorial Government is organized but
Others entertain, profess to entertain, differ
ent opinion, and the donbt thus evinced will
prevent shareholders from carrying their proper
ty there 10 encounter law suits. Congress
ought, therefore, to insert in any act which they
pass on this subject clause, stating that the
laws OF Mexico are not in force in those terrific
ries. We have hitherto sought to obtain this in
vain--a decaratory clause.
2. | could answer this question generally in
the negative. Congress has authority, in vari-
Gus cases, to pass laws in affirmance and for the
protection of existing rights, while it has no
power to annul them, Freedom of the press
trial by jury, the right to be exempt from unreal
sonable seizures and searches, with others, are
constitutional rights Congress may pass laws
to facilitate the enjoyment of these rights, while
they have no authority to annul or ahridge them.
So, if the right to hold slaves Is a constitutions
al right, the power to remove any instructions
to its enjoyment in the common territories of
the Union would not draw after it the power to
prevent its enjoyment there. In n word, Con-
gress may legisate for the protection of a right
guaranteed by the Constitution, but they cannot
| legislate to destroy it.
! 3. The doctrine Of non-interventioni not APP
! plicable to the present state of things. Clay
toms compromise bill proposed to establish
| Territorial Governments for all the Territory
acquired from Mexico The effect of it would
have been to have opened the whole to the own
ers Of slaves, subject to the decision of the
Supreme Court. 1t was to such n case only
that on-intervention could apply. But if Mr..
Clay's compromise bill should pass, Congress
would intervene by that very act to prohibit
slavery, In the most important and valuable part
of the common territory--for all agree that the
people who CHANGED to be in California, had no
right to declare this prohibition and that their
act is entirely null and void until Congress shall
give it life and validity. It is the same thing
as if Congress had imposed the proviso them
selves. If California is admitted with her pre-
sent constitution, Congress will have inter-
vened against the South, and cannot therefore
with any show ofjustice plead non.interventlon
as an excuse for Withholding from the South,
any act which may be necessary to protect her
in the enjoyment of her constitutional rights.
hope these answers will be sufficiently cx-
plicit to put you in possession of my opinions
and while believe that you attach too much
Importance to them | have not felt myself at
liberty to withhold them. In the present pos
ture of our affairs, am very anxious that my
fellow citizens of Georgia should thoroughly
understand their position, and mingling and ar
dent love of the Union, with an unalterabe de-
termination to assert their equal rights under
the Constitution, should calmly and steadily
contemplate the consequences which may result
from the decision which they may adopt.
shall be glad to learn that this letter has
reached you Respectfully yours,
]. MACPHERSON BERRIEN
Messrs. James H. Royal, Joseph A. Sheumake,
and Richard s. Scruggs,
The Galveston (Texas) News SAYS F: