Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-09-07

charter that bought it into existence Let any man
mt his finger upon the clause of that instrument
which confers this power of internal interference and
will abandon the principle, long as 1T has been
cherished by me and that is many years, as will
appear by reference to the Globe of March 31st,
1882 which contains an article written by me, and
entitled A review of the opinion of the Supreme
Court in the Cherokee case.'n
In that article I observe that the clause of the
constitution authorizing Congress to dispose Of and
make all needful rules and regulations respecting,
the territory or other property of the United States,
refers 10 territorial rights, and grants no jurisdiction
over persons" Among other things | say . The
power to dispose Of and make needtu rules and reg
ulatons respecting the territory and other property
of the United States and the power 10 exercise gen.
eral Jurisdiction persons upon it, are essentially
different and independent. The former IS general,
and is given in the clause referred to the latter is
speciai and is found in another clause and is con
fined to the federal tract, the District of Colnmba
and to places purchased by consent of the legislature
of the State in which the shall be, for the
erection of forts, magazines arsenals, dock yards
and other needful buildings" This is the same doc
trne subsequently, advocated, and more fully devel-
oped in my Nicholson letter. repeat that this pow
or of internal legislation cannot be found in the
stiiuton and vain have been the efforts, by passing
into it's service thousand and expressions IN
that instrument 10 prove ii to be there diversity
of reference which, of ITSELF furnishes strong pre-
sumption against the authority if there were nc
other grounds OF objection.
Judge Mclean, of the Supreme Court of the Uni.
ted States in some considerations published by him
upon this subject, and to which have elsewhere re-
ferred we'll remarked that "that there is specific
power in the constitution which authorizes the organ
| ization of territorial governments" He adds =
this power be implied from the specific power to reg
uIae The disposition Of the public lands, it must,
der the above rule, be limited to means suitable to
the end in view If Congress 60 beyond this IN the
organization of a territorial government, they act
without limitation, and may establish a monarchy.
Admit that they may organize government which
shall protect the lands purchased and provide for the
administration of justice among the settlers 1t does
by no means follow that they may establish slavery.
Judge Mclean here brings the constitution of the
United States to the support of the good old leVolu-
tonary doctrine that the right to establish colonies
Territories does not carry with it the Just power
10 interfere with and regulate the domestic concerns
of the people who inhabit them. He pronounces
slavery to be of these concerns saying that /,
is municipal relation of limited extent, and of an
equally limited origin 1t is domestic relation
over which the federal government can have no con-
troll
| have never known the time when the democratic
party called upon by higher considerations to
adhere, faithfully and zealously to their organization
and their prlnci piles than they are at this day. Gu
confederation is passing through the most severe
trial that it has yet undergone. Unceasing efforts
are making to excite hostile and sectional feelings
against which we were propheticaly warned by thu
Father of his Country, and if these successful th
days of this constitution are numbered. The con
tnued assaults upon the South, upon its character
its constitutional rights, and its institutions and TIT
systematic perseverance and the bitter spirit will
which these are pursued, while they warn the demo
cratic party of the danger, should also inee it tt
united and vigorous action. They warn it, too, tina
the time has come when all other differences which
may have divided it should give way to the duty o
defending the constitution, and when that great par
ty, coeyal with the government, should be united al
one man for the accomplishment of the work tt
which it is called, and before it is too late. i
is The American party, for it has neither sectlona
prejudces sectional preferences, and its
its efforts extend wherever the constitution of it,
country extends, with equal regard to the rights ant
interests of all. believe the fate of this great
public is in lis hands, and SO believing, ear
nestIy hope that its action will be firm, prompt ant
united, yielding not one hairs breadth of its time
nored principles, and resisting to the last the dan
gerous efforts with which we are menaced and, i
So the victory of the constitution. doubt not, will
be achieved. am, sir, respectfully,
Your ob't servant
LEWIS CASS