The daily union., 1854-02-21
Fro@ shs Detroit Free rs,..
The Ntchslsea Letter.

Nicholson letter imbodyng the strongest agumen h,
be advanced in favor Of the territorial bill now befo
Congress. Such. indeed is true OF that letter. and
seems 10 us that the passage OF MIR Douglass bill will
be complete triumph OF the doctrine OF which Gena,,l
Cass is the great expounder.
General Cass's chief objection TO congressional ins,
venon in The local affairs OF the Territories rested uoo0
constitutional grounds Without regard 10 precedent
without Difference TO the fact that Congress had awsy
exercised arbitrary power in the premises Cas-,
searched the constitution to ascertain what powers Il
really conferred upon Congress in respect to the Tern
tories. thorough and comprehensive examination con-
WINGED him that the powers of the general had
been greatly exceeded that the people Of the Tenors,
as we'll the States, possessed sovereign rights that
the road safety lay in abandonment of former pr.e
ce, and to the spirit OF tho federal compact as
the beacon-light of future advancement
General Casss argument the constitutional question
is compressed in very small space. He says:
.The theory OF government presuppose that il. va
members have reserved to themselves the regulation
Of all subjects relating to what may be termed their inter
nal police. They sovereign within their boundarie,
except those where they have TO the
general governmenta portion OF their rights in order
give effect the objects the Unon whether these con.
foreign nations the several States themselves Local
institutions, may speak, whether they have
slavery 10 other domestic public
left loo authority either original derivatvo. Con-
gress has right say that there shall be slavery New
York. that there shall be slavery in Georgia
there any other human power but the people Of tho
tates respectively which change the relation existing
therein, and they say II they will. We will have
slavery in the former and will abolish II in the latter
SIN respects the Territories differ from the State,
of their rights nchoaie, and they do posses,
the peculiar attributes of sovereignty Their relation 10 tho
general government very mpefec,ly defined by the con-
stiiuon and it will be found, upon examination, that IN
instrument the only grant OF power concerning them
conveyed in the phrase Congress shall have the powe,
dispose Of and make all needfn rules and regulations re-
specng the territory and other properly belonging to the
United States Certainly this phraseoogy is very loose if
it designed TO include in the grant the whole power of
Legislation persons well things The expression
the territory and other properly fairly construed relates
the public lands, as such. to arsenas dock,yads, o
ships and all various kinds of properly which the
United States may and must possess
But sure y the simple authority dispose OF and repu
late extend the unlimited power epi,
s,ion the passage of all lave, in the general accep,
ton OF word which, by the by is carefully excluded
from the And, indeed. II this 20. would
render unnecessary another provision of the constitution
which grants Congress the power legsatc with The
of the Sates respectively, over all places pur
chased for the erection Of fors gazDes, asena dry
docks &c These being the property Of hs United
States if the power make necdfu rules and regulations
concerning them includes tho general power otegsaon
then the grant of authority regulate the territory and
other property Of the United States is unlimited wherever
subecs found for its operation, and i exercise needed
no auxiliary provision. II the other hand it does not
include such power OF legislation the other property
the United States thea it does include over their
territory for terms which grant the one grant
the other. Territoryls here classed with property and
treated sueh and the object evidently enable the
general government property hoder-which from ne
cessity, beto manage, preserve and dispose Of
such properly il might possess and which authority Is
essential almost TO It's beng. But the lives and persons
citizens with the variety Of objects connected
with them, be controlled by authority which i,
merely called into existence for the purpose of making
rules and regulations for the disposition
Of property"
Such il appears 10 me-" adds General Cas-, would
be the construction put upon this provision of the cons
tuition, this question frs, presented for consd
Grafton" And then he goes 10 say:
But certain it i. that the principle OF Interference
should be carried beyond the Necessary implication
which produces should be limited creation Of
proper governments Tor countries acquired settled
aud the necessary provision for their eventual admission
into the Union, leaving in the sntime, tho people
habitpg them, regulate their internal their
way. They just capable OF doing the peo
pie of tho States and they do So any rate
their political Independence recognised by admission
into the Union. During this temporary osndon II 10
hardly expcden, call into exercise doubtful and nvd
ous authority. which questions the intelligence OF a
spectacle portion oil citizens, and hose limitation
whatever may be- will be rapidly approaching Its tem
power, uncontrolled by the constitution. import
sections OF country for II the ealon Of
and may be regulated annhilard by u
the relation OF husband and wife, pa
and chd aud Of any other condition which our ns
tutons aud the habits OF society recognise. What
would be thought II Congress should undertake presb.
the Of marriage in New York, regulate
thoriy parents their children In nusyivana And
yet twoud be vain seek justify Ing the Interference
OF the national legislature in the referred 10 in the
original States or the Union
Briefly then, opposed to tho exercise Of any iu.
dicon by Congress this matier aud In avor Of
leaving the people OF any Territory which may
after be acquired the right regulate II thsmselve
the general primo Piles of the constitution becass
81. do 10 the constitution any grant the requE
site power Congress; and am disposed extend
doubtful precedent beyond it's necesstyhs estsbsh
territorial governments when Notwithstanding In.
hsbisn all the rights compatible with the relations they
bear the confederation.
~ Because believe this measure, if adopted would
weaken, IL i'm pair the Union of tho States and would
eed. OF future discotd which would grow up and
rpsn Into abundant harvest Of calamity
Such are the main points OF General Casss views on
the constitutional question. The remainder Of his letter.
it will be recoeced went principally TO show the i'm
probability and the impossiby OF slavery being extend
ed into New Mexico or California and bis judgment in
this respect as subsequent have sbo wn was en-
treIy correct The Nicholson letter closes with the fol.
lswDs words
In times OF political excitement, whom dincufie,
and delicate questions present themselves for solution,
there is ark of safety for and that 10 honest