Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-04-19
COM MUNICATION Ms.
For tho National Era.
THE NEBRASKA BILL-NO. 2.

0BJEcTIoNs-THE NICHOLSON LETTER.
Amidst all the noise and confusion which
have been stirred up, evidently in order that
this great question Of Freedom may BIO decided
by unroason, I have scen but one attempt at
close argument, or indeed any argument on
this point Of constitutional power; and that
think we should never have had, If 1t had not
been elcitcd from distinguished Senator long
before the present controversy arose | aiiuue
TO the celebrated Nicholson letter" OF Mr..
Cass
His argument Is based on the assumption
that the People OF the United States, and the
General Government, their instrument have
No mower over their Territories, except what In
spccified ia the Constitution of the United
States that is that the same principle az to
express powers which is applicable to the
Government Of the United States in respect to
the several States, is applicable to the same
Government in respect to tho Territories--a
fundamental error sufficient to carry him i'm
menseIy wide OF the mark, if lac had commit
ted no other.
In respect to the several States, the People
Of the United States have no powers, except
what are exp essly granted, or, rather, specl-
fed and set apart by themselves in their Fed
eral Constitution In respect to their Terrific.
ries, on the contrary, the same People have oil
the powers which are not prohibited. II it
be not 60, then say again that the full and
complete sovereignty which !" We the People
received from France, Mexico, &C., Inns lapsed
persisted, and exists nowhere under heaven !;
and MIR. Polk had no power to cedc 81 deg
40 min. and landowners Island TO tho British.
Tho treaty by which it was done il not valid
treaty; the People never delegated power to
make it, and they have right to insist, even
now, on 54 deg 40 min, or fight To reclaim
four hundred thousand square miles, (aearly
twice tho area Of Louis Napoleon's Empire J
to which, on the highest slave democratic au-
thority, we have AN unquestionable right"
is ample justi6c alton, If there ever was justi-
fication, for fight. And our Southern breth-
rem cannot with any grace or decency, re-
fuse Va their aid, since we have aided them,
ut q vast expense Of conscience and money, To
pet twice as much territory to which none Of
us ever had, or have now, before a just God, a
shadop Of right.
Having thus begun his argument, as the Hi
bernian saddled his horse with tho pummel
towards the tail, let us sec how he gets ahead.
He quotes from the Constitution OF tho Uni
ted States the only article contained in the In
strument in relation to the government and
management of the Territories, in these words:
Congress shall have the power to dispose
Of and mako all peedfnl rules and regulations
respecting, the territory and other property be-
longing to the United States"
He then odds:
GThe expression, tho territory and other
property fairly construed, relates to the pub
lic lands, as such, to arsenas, dock yards, forts
ships, and all the various kinds of property
which the United States may possess"
II Al &c 80 Il haze
no objection to the above construction, bnt
am unwilling to authorize by silence the in
ference that assent to it. The Constitution
declares that by it all powers are granted,
though not mentioned, which are necessary to
carryaut the express powers. "Arsenals, dock
yards,n Sc, are necessary to carry out the
powers OF declaring war, raising and supporting
armies and navies; and it was a. needless to
insert specific provision for 6 disposing Of an
arsenal or ship or regulating them, az il
would have been to insert such u provision for
buying or building them. These things fall
within the war power, and that is sufficient
| think the last clause of the article-yiz
"othcr property was intended 10 cover any
contingent and unforeseen case of proprietor
ship on the part Of the United States; for ex-
ample, steamboats,, horses mules, and wagons,
purchased for the People against their real
Wishee, to carry into Punishment far from their
native homes and their fathers graves, in the
face Of solemn treaties, our friendly, faithful,
and uuoffcnding Indian allies and neighbors-
. contingency which certainly was not fore
seen by the trainers If the Constitution, by
Washington, who signed those treaties, nor by
any honest man. A similar contingency seems
likely TO be created by this very Nebraska bill
Never mind, they are nothing but Indians
pluck them mp, crush out their hearts and
pack them of like pork 70 the Pacific. MIR
Douglas wants their lands. Perhaps road
to the Presidency is to be made through them
To pursue Mr.. Cass's reasoning. He says
Surely thu simple authority to dispose Of and
regulate thesr, QIands arsenals, &C., does not
extend 10 unlimited power of Legislation, to the
passage Of ia,cs, in the general acceptation Of
tho word, which, by the by, is carefully exclu-
ded from the sentence. And, indeed, IL this
were 20, it would render unnecessary another
provision Of the Constitution, which grants to
congress tho power to legislate, with the con-
sent Of the States, respectively, over all places
purchased for ths erection Of forts magaxines
arsensIs, dry dccks' SIC. These being the prop.
eus' OF the United States, il the power to make
needful rules aud regulations concerning
them includes the general power Of Legislation,
then the grant Of authority to regulate 8 tho
territory and other property Of tho United
States il unlimited wherever subjects arc
found Cor its operation, and its exercise needed
no auxiliary provision. w. on the other hand
il does not include such power Of Legislation
over the sother property OF the United States
then il does not include il over their terrific
~ for the Same terms which grant tho one
grant the other '7srrifory is here classed
with property, and treated as such and the OBJ
ject was evidently TO enable the General Gov
ernmsnt AZ . property holder, TO manage, pro-
serve, and dispose Of such property rs it
might possess. But the lives and persons of
oar citizens with tho vast variety Of objects
connected with them, cannot be controlled by
m authority which ia merely called into exist
s0cs Cor the purpose OF making rules and reg
siasions for The disposition and management of
property
The amount Of THE famous argument ar
psa,s 70 b this The Constitution has put the
rerf;koxv III the United States mon the Same