Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-30

exercise no authority which is not given by the
great charter that brought it into existence. Let
any man put his finger upon the clause OF that
instrument which confers this power Of internal
Interference, and will abandon the principle, as
long as it has been cherished by me, and that
is many years, as will appear by reference TO the
Globe Of March 3lst, 1882, which contains an
article written by me, and entitled, "A Review
of the Opinion of /" the Supreme Court in the
Cherokee case"
In that article observe, that the clause of the
Constitution authorizing Congress ''to dispose of
and make all needful rules and regulations
speeding the Territory or other property Of the
United States, refers TO Territorial rights, and
grants no jurisdiction over persons Among
other things say: ssThe power to dispose of,
and make needful rules and regulations respect
ing, the Territory and other property of the
United States, and the power to exercise general
jurisdiction over persons upon IT, are essentially
different and independent The former is gene
raj, and is given in the clause referred to; the
latter 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 erection of forts, magazines,
arsenals, dockyards, and other needful 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
huvC ucou TIC cHOIS, ny pressing INTO us service
thousand and one expressions in that nstru-
ment, to prove it to be there diversity of refer
ence which, of itself, furnishes strong presump-
ton 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 published
by him upon this subject, and to which have
elsewhere referred, well remarked, that "there
is no specific power in the Constitution which
authorizes the organization of Territorial govern
ments.' He adds: eff this power be implied
from the specific power to regulate the DISPOSE
ton OF the public lands, it mnst, under the above
rule, be limited to means suitable to the end in
view. lfCongress go beyond this, in the organi-
zation OF Territorial government, they act with
out limitation, and may establish a monarchy
Admit that they may organize government
which shall protect the lands purchased, and pro-
vide for the administration of justice among the
settlers, it does by means follow that they may
establish slavery" Judge Mclean here brings
the Constitution Of the United States to the sup
port of the good old revolutionary doctrine, that
the right to establish Colonies or Territories does
not carry with it the just power to interfere with
and regulate the domestic concerns of the people
who inhabt them. He pronounces slavery to be
one OF these concerns, saying that sit is NUM-
cipal relation of limited extent, and of an equally
limited origin 1t is a domestic relation over
which the federal government exercise no
control
nave never known the time when the Demo-
cratic party was called upon by higher consider
atons to adhere, faithfully and zealously, to their
organization and their principles, than they are
at this day. Our confederation is passing through
the most severe trial that it has yet undergone
Unceasing efforts making to excite hostile and
sectional feelings, against which we were pro-
phetcally warned by the Father Of his Country,
and if these are successful, the days of the Con-
stitution are numbered. The continued assaults
upon the South, upon its character, its constitu-
tional rights, and its institutions, and the sys-
tematic perseverance and the bitter spirit with
which these are pursued, while they warn the
Democratic party of the danger should also incte
1t to united and vigorous action. They warn it,
too, that the time has come when all other differ
ences which may have divided it should give way
to the duty of defending the Constitution, and
when that great party, coeval with the govern
complishment of the work to which it is now
called, and before it is too late. It is the Amer-
can party, for it has neither sectional preiudices
nor sectional preferences, and its care and its
efforts extend wherever the Constitution of its
country extends, with equal regard to the rights
and interests of ALL believe the fate of this
great republic is now in its hands, and so beiev-
ing, earnestly hope that its action will be firm
prompt, and united, yielding not one hairs
breadth of its time honored principles and resist
ing to the last the dangerous efforts with which
we are menaced; and, if so, the victory of the
Constitution, doubt not, will be achieved
am, Sir, respectfully,
Your obedient servant,
LEWIS CASS