Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-09-05

considerations arising of the attribute of SOW
ereignty, but by the Constitution of the United
States To the law and to the testimony. By that
constitution the general government is government
not only of granted, but of limited powers, and
Congress exercise authority which is not CIV
en- by the great charter that brought it into eXis.
tence. Let any man put his finger upon the clause
OF that instrument which confers this power OF In
ternal interference and will abandon the principle,
long as it has been cherished by me; and that is
many years. will appear by reference to the Globe
of March 31st 1892 which contains an article writ
ten by me, and entitled GA review of the opinion
of the Supreme Court in the Cherokee case"
In that article l observe that the clause of the
constitution authorizing Congress to "dspose of and
make all needful rules and regulations respecting
the territory other property of the United States
refers to territorial rights, and grants no urisdic
ton persons" Among other things l say
" The power to dispose of, and make needful rules
and regulations respecting the territory and other
property of the United States, and the power to
exercise general jurisdiction persons upon it,
essentially different and independent. The for
mer is general, 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 Dis
trict Of Coumbia) and to places purchased by con-
sent of the Legislature the State in which the
same shall be- for the erection of forts, magazines,
arsenals dock yards and other needful buildings"
This is the same doctrine subsequently advocated
and more fully developed, in my Nicholson letter. L
repeat that this power of internal legislation cannot
be found in the constitution, and vain have been the
efforts, by pressing into its service thousand and
one expressions in that instrument, to prove it to
be there diversity of reference which, of itself,
furnishes strong presumption against the author
ity even if there were no other grounds of objec-
ton.
Judge Mclean, of the Supreme Court of the
United States, in some considerations published by
him upon this subject and to which l have else
where REFERRED well remarked that " there is no
specific power in the constitution which authorizes
the organization of territorial governments" He
adds: - II this power be implied from the specific
it must, ander the above rule, be limited to means
suitable to the end in view. If Congress go beyond
this in the organization of territorial government
they act without limitation, and may establish
narchy. Admit that they may organize govern
ment which shall protect the lands purchased and
provide for the administration Of justice among the
settlers: it 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 revolutionary doctrine that the right to
establish colonies Territories does carry with
it the just power to interfere with and regulate the
domestic concerns of the people who inhabIt them.
He pronounces slavery to be of these concerns,
saying that " it is municpaltreaton of limited OK
tent and of an equally limited origin. 1t is domes
tic relation, which the federal government
exercise no control"
have never known the time when the democrat
ic party called upon by higher considerations to
adhere, faithfully and zeaousy, to their organiza-
ton and their principles than they at this day.
Our confederation is passing through the most
trial than it has yet undergone. UnceasinS efforts
are making to excite hostile and sectional feelings,
against which plopheticaly warned by the
Father of his Country, and if these arc successful,
the days of this constitution are numbered. The
continued assaults upon the South, upon its charac
ter its constitutional rights and its institutions and
the systematic perseverance and the bitter spirit
with which these arc pursued, while they warn the
democratic party of the danger, should also incite
il to united and vigorous action They 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
great party, coeval with the government, should be
united for the accomplishment of the
work to which it is called and before it is too
late. 1t is the American party, for it has neither
sectional prejudices sectional preferences, and its
and its efforts extend wherever the constitution of
the country extends, with equal regard to the rights
and interests of all believe the fate of this
public is in its hands, and, so believing earnes-
tly hope that its action will be firm, prompt and uni
ted, yielding not one hairs breadth ofits tmehonor
ed principles and resisting to the last the dangerous
efforts with which menaced; and, if So the
victory of the constitution, l doubt not, will be
chieved.
l sir, respectfully,
your obedient servant,
LEWIS GASS