The Placer herald., 1855-10-13

shall be, Tor the erection of forts, magazines,
arsenals, dock yards, and other needful build
ings." This is the same doctrine, subse-
quently advocated, and more fully develop
ed 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 service Il
thousand and one expressions in that instru-
ment to prove it to he there; 4 diversity of
reference which, of itself, furnishes q strong
presumption against the authority, even if
there was no other ground 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 re
marked that "there is no specific power in
the Constitution which authorizes the orga-
nization 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 the means suitable to the
end in view. If Congress 90 beyond this
in the organization Of a Territorial govern
mcnt, 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,
it does by no meafis follow that they may
establish slavery Judge Mclean here
brings the Constitution of the United States
TO the support Of the good old revolutionary
doctrine, that the right to establish colonies
or territories does not carry with it the lust
power to interfere with and regulate the do
nestle concerns of the people who iuhabit
them. lie prouounces slavery to be one of
these concerns, saying that st is municipal
relation Of limited extent, and of an equally
limited origin. 1t is a domestic relation over
which the federal government can exercise
no CONTROL
democratic party was called upon by higher
considerations to adhere faithfully and zeal
ously, to their organization and their princi-
Piles, than they are at this day. Our con
federation is passing through the most severe
trial it has vet undergone. Unceasing efforts
are making to excite hostile and sectional
feelings, against which, we were prophctical-
ly warned by the Father Of his country; and
if these are successful, the days of this CON
stihltion are numbered. The continued as
saults upon the South, upon its character,
its constitutional rights and its institutions,
and the systematic perseverance and the
bitter spirit with which these are pursued,
while they warn the democratic party Of the
danger, should also incitc it to united and
vigorous action. They warn it too that the
time has come when all other differences
which may have divided it, should give way
to the duty of defending the constitution;
and when that party, coeyal with the govern
ment, should be united as one man for the
accomplishment Of the work to which it is
now called, and before it is too late. 1t is
the American party, for it has neither sec
tional preudices nor sectional preferences,
and its care and its efforts extend wherever
the constitution Of its country extends, and
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 breath of its time honorcd principles,
and resisting to the last, the dangerous efforts
with which we are menaccd; and, if So the
victory Of the constitution, doubt not, will
be achieved. | am, sir, respectfully, your
obedient servant. LEWIS CAss.