The union Democrat., 1855-10-13

4
sion OF any opinion upon that poiE6. Sill, | ap-
prove IFS action upon that subject, so far as it
| goes 1t is step IN the right cireetioa and I
should rejoice to see il followed by C-erv Political
party in the country Il is step. toG. towards
the security of political riehts-~ti.s opposition
to the legislation of Congress over the internal
affairs of the people Of the Tsr.;tories, and
among others, over the relation g master and
servant or that of husband ard usse o. parent
aud child for these matters OF domestic policy
are subjects which should be left to the Terrific
rial communities, and to diyest 3hem of the
| power to regulate them is an act OF unntigated
| despotism. The negation of all power of inter
! ference by Congress in the internal government
of the Territories is the true ccast utional doe
trne, and the only safe and practicable one and
am rejoiced that after years Of opp, ition-of oh
loquy, indeed-it is fast establishing Itself on i'm
preguable grounds. The misarpral msionwhich
has prevailed on this grave eulieci ,s among the
| most extraordinary political even s of my time.
One would suppose that in this cs'.sstry the dog
ma OF the right of internal government by an
| irresponsible legislature over distant eom.lu-
nifty, unrepresented in the ruling body, would find
but little favor, and that the power to establish
| and put in operation government might well be
| defended, while the power to control all the con-
Germs of human life would he left without an ad-
vocate. The difference is broad Ind practical
and should be the dearcr to u.s. as il ras the very
consideration urged by our Revolutionary fathers
| IN their contest with the mother country, which
| began by argument, but ended by arms 1t was
| asserted as early as l774, when the Continental
Congress declared that the English coionsts "are
entitled to free and exclusive power of legica-
tlon in their several provincial legislatures where
! their right os representation can alone be pre-
served in all cases Of taxation aud internal poll
ty," &c. In that great struggle the patriots
who conducted it conceded to the Esitisd Parla-
ment the authority to organize col<nial govern
ments. but denied their right TO teuch the inter-
nal polity Of the people and for t.lr support of
that great principle, denied and deridedaS Il ROW
is, they went to war
l observed that highly respectable and intelli-
gent gentleman Gov. Hunt, of New York in n
letter Just published, speaks of the Nebraska bill
as " based on the absurd theory cf territorial
sovereignty" l never heard man support that
measure, or approve ii for such r.ascn Gov.
Hunt has mistaken the sneers Of it5 enemies ior
the views Of its friends. The Nebraska bill rests
upon no such theory-upon no tho3ry al al. but
upon the stable foundation Of The federal c6nsti-
tution, and of the natgra, tights of man.
/ know of no one who claims sovereignty for
the Territories. All concede their depend d3nce
upon the In ed States. But within t,.is -ela-
tion there al, mutual rights and ol.ties and the
questonS-whlt power RAY Congress lawfully
exercise, Gad are the people OF tl,c Territories
diyeSsed ofall Tights }.husi ber.s s,ssIss.s. fat=
by poiitico-mctapny considerations &risii7g
out OF the attribute Of Govereignty but by tie
constitution of the United States 70 the law.
and to the testimony BY that constitution, the
general government is Il government, not ouly oi
granted, but Of limited powers, and Congress can
exercise no authority which is not given by tie
great charter that brought it into existence lie:
any man put his finger upon the clause of that
instrument which conters this power of internal
interference, and | 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 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 thai
the clause of the constitution authorizing Cnn-
greSs " to dispose of, and make all needful rules
and regulations respecting the territory or ether
property of the United States and the power 10
exercise general jurisdiction over persons upon
II, are essentially different and independent The
former is general, and is given in the clause re-
terred TO; the latter is special, and is found in
another clause. and is confined to the federal
tract. the District Of CoIumbia,) and to places
purchased by consent of the Legislature OF the
State in which the same shah be- for the erection
ot forts, magazines, arSeuJlS, dock yards. ana
other reedful buildings" This is the same doe
,riue subsequently advocated. and more fully de-
vc.opCd in my Nicholson letter. | repeat THAI
this power of internal legislation cannot be found
IN the constitutions; and vain have been the e.
forts, by pressing into its service a thousand and
one expressions in that instrument to prove II to
be there: diversity OF reference which, ol IL
SELF furnishes a strong presumption against the
authority, even II there were 10 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 / haya
elsewhere referred. we'll remarked that there is
no specific power in the constitution which autho-
rizeS the organization Of Territorial govern
meutS.' lie adds If this power be implied
from the specific power to regulate The disposi-
ton of the public lands, il must. under the above
rule, be limited TO means suitable TO the end in
view. Ii Congress go beyond this in the organi-
Zation of a Territorial government, they act with
out limitation, and may establish monarchy.
Admit that they may organize government
which shall protect the lands purchased, and pro-
vide for the administration OF justice among the
settlers. il 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 doc
trine that the riaht to establish colonies or terri
tories does not carry with il the lust power TO
interfere with aad regulate the domestic concerns
of the people who inhabit them. He pr0G0unceS
slavery TO be one OF these concerns, saying that
=" it is municipal relation of limited extent, and
of an equally limited origin. 1t is domestic
relation over which the federal government can
exercise no control"
have never known the time when the demo-
cratic party was called upon by higher conside-
rations 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 it has yet undergone. Un-
ceasing efforts are making TO excite hostile and
sectional feelings, against which wewere prophet
ically warned by the father of his country: and if
these are successful, the days of this constitution
are numbered The continued assaults upon the