The true Democrat., 1855-09-25

last is to be paid, and after what lamentable vicissitudes, is known only to Him who foresees events and can control them,-these character lstlcs mark 1t as the most dangerous scheme which has ever been introduced into our coun- try to regulate its public action or its social condition. It Is the Orangeisns of republic, scarcely better in principle than its monarchical prototype--of republic whose freedom and equality justify as little as they invite the in- troduction of machinery whose operations are concealed from public observation, but whose consequences are as clear as they are alarming.
 Gen. HoUsToN gives credence to the report that approve the platform of the American order," as proclaimed to the world by the con- vention at Philadelphia. I am aware that changes have been made, both in the name and
 in some of the principles of this new organiza- ton. But these changes do not remove my objections to it. Its spirit of exclusion and in- tolerance remains, and with it, its evils and its dangers. It is book to which l cannot be re- conciled, whatever edition, whether the new or the old one, is offered to me. There is, in- indeed, one principle laid down in that conven- ton which meets my concurrence, and that Is, the declaration that Congress ought not to legislate upon the subject of slavery, within the territory of the United States" 1 regret, how ever, that the body which thus pronounced against the exercise of the power did not also pronounce against its existence, but carefully prete,mitted-to use its own words-the express sion of any opinion upon that point. Still 1 approve its action upon the subject, so far as it goes. ltis step ill the right direction, and I should rejoice to see it followed by every poli- tical party in our country. It is step, too, towards the security of political rights-this opposition to the legislation of Congress over the internal affairs of the people ol the terrto- rles, and among others, over the relation of master and servant, or that of husband and wife, or parent and child; for these matters of domestic policy are subjects which should be left to the territorial communities, and to divest them of the power to regulate them is an act of unmtigated despotism. The negation of all power of interference by Congress in the internal government of the territories is the true constitutional doctrine, and the only safe and practicable one, and 1 am reoced that after years of oppostion--of obloquy, indeed it is fast establishing itself upon impregnable grounds. The misapprehension which has prevailed upon this grave subject is among the most extraordinary political events of my time. One would naturally suppose, that in this coun- try, the dogma of the right of internal govern- ment by an irresponsible legislature over dis tant community, unrepresented in the ruling body, would find but little favor, and that the power to establish and put in operation go- vernment might well be defended, while the power to control all the concerns of human life would be left without an advocate. The diff ference IS broad and practical, and should be the dearer to Us, as 1t was the very consdera- ton urged by our revolutionary fathers in their contest with the mother country, which began by argument, but ended by arms. It was as- serted as early as 1774, when the continental Congress declared that the English colonists are entitled to a free and EXCLUSIVE power of legislation ln their several provincial legisla- lures, where the right of representation can alone be preserved in all cases of taxation and internal policy, etc." In that great struggle, the patriots who conducted 1t conceded to the British Parliament the authority to organize colonial governments, but denied their right to touch the internal policy of the people. And for the support of that great principle, de- nled and derlded as it Is now, they went to war
 observe that highly respectable and intel
 ligent gentleman, Governor Hunt, of New
 York, i'll letter just published, speaks of the Nebraska bill as !" based on the absurd theory of territorial sovereignty" l never heard man support that measure or approve 1t for such req son. Governor Hunt has mistaken the sneers of its enemies for the views of it's friends The Nebraska bill rests upon no such theory-upon no theory at all, but upon the stable foundation of the federal constitution, and of the natural rights of man.
 1 know of no one who claims sovereignty for the territories. All concede their depend euce upon the United States. But, within this relation, there are mutual rights and duties, and the questlons-what power may Congress lawfully exercise, and are the people of the terrtores divested of all rghts-must be deter mined, not by politico metaphysical considera- tlons, arising out of the attribute of sovereignty,
 but by the constitution of the United States
 To the law, and to the testimony. By that constitution, the general government is a go- vernment, not only of granted, but limited pow CTS, and Congress can exercise no authority which is not given by the great charter that brought 1t into existence. Let any man put his finger upon the clause of that instrument which confers this power of internal interfe- renee, and 1 will abandon the principle, long as it has been cherished by me. And that is many years, as will appear by reference to the Globe of March 21st 1882, which contains an article written by ma, and entitled "A view of the opinion of the Supreme court i'll the Chero- kee case" In that article 1 observe, that the clause of the constitution authorizing Congress "to dispose of, and make all needful rules and regulations respecting the territory or other pro- pertv of the United States, refers to territorial rights and grants no jurisdiction over persons" Among other things say: "The power to dis pose of and make needful rules and regulations roc,optinn tho tarritorv and tba z the United States, aud the power to exercise general jurisdiction over persons upon it, are essentially different and independent. The former is general, and is given in the clause referred to; the letter is special, and is found in another clause, and is confined to the federal tract, (the District of Columbia,) and to places purchased by consent of the Legislature of the State in which the same shall be- for the erec- ton of forts, magazines, arsenals, dock yards, and other ncedful buildings" This is the same doctrine subsequently, advocated, and more fully developed, in my Nicholson letter. repeat that this power of internal legislation cannot be found in the constitution, and vain have been the efforts, by pressing into its ser vice thousand and one expressions in that instrument, to prove it to be there; diversity ofreferences which, of itself, furnishes strong presumption against the authority, even if there were no other grounds of objection.
 Judge Mclean, of the Supreme Court of the United States, in some considerations pub- lished by him upon this subject, and to which have elsewhere referred, we'll remarked, that "There is no specific power in the constitution which authorizes the organization of territorial governments" He adds: If this power be implied from the specific power to regulate the disposition of the public lands, it must, under the above rule, be limited to means suitable to the end in view. If Congress go beyond this, in the organization of territorial govern ment, they act without limitation, and may es- tablish a monarchy. Admit that they may organize government which shall protect the lands purchased, and provide for the adminis- tration of justice among the settlers, it does by no means follow that they may establish slave ry." Judge Mclean here brings the constitu- ton of the United States to the support of the good old revolutionary doctrine, that the right .. IL H.