The Placer herald., 1855-10-13

!
as they invite the introduction of machi-
merry whose operation is concealed from pub
lie observation, but whose consequences are
as clear as they are alarming.
Gen. Houston gives credcncc to the report
that approve 'the platform Of the Ameri-
can order, as proclaimed to the world by the
Convention at Philadelphia" | am aware
that changes have been made both in the
name and in some of the principles of this
new organization. But these changes do not
remove my objections to it. Its spirit of ex-
clusion and intolerance remains, and with it.,
Its evils and its dangers. 1t is book to
which | cannot be reconcilcd whatever I'D
diton, whether the new one or the old one is
offered to me. There is, indeed, one princi-
pie laid down in that convention which
meets my concurrence, and that is, the de-
caraton that "Congress ought not to legis-
late on the subject of slavery within the ter
ritory Of the United States" | regret, how
ever that the body which thus pronounced
against the exercise Of the power did not
also pronounce against its existence, but
carefully pretermitted-to use its own words
the expression Of any opinion upon that
point. Still approve its action u pom that
subject, 50 far as it goes. 1t is a step in the
right direction, and should rejoice to see it
followed by every political party in the coun-
try. 1t Is STEP too, towards the security
of political rights-this opposition to the
legislation of Congress over the internal af-
fairs Of the people Of the Territories and
among Others, over the relation of master
and servant, or that of husband and wife, or
parent and child for these matters Of domes-
tic policy are subjects which should be left
to the Territorial communities, and to divcst
them Of the power to regulate them is an act
of lmmti@ated despotisn. The negation Of
all power of interference by Congress in the
internal government OF the Territories is the
true constitutional doctrine, and the only
safe and practicable one, and am reioiced
that after years Of opposition-of obloquy,
indeed-it is fast establishing itself on i'm
pregnagable grounds. The misapprehenson
which has prevailed on this grave subject is
among tho most extraordinary political events
of my time. One would suppose that in this
country the dogma Of the right Of internal
government by an irresponsible legislature
over distant community, unrcpresented in
the ruling body, would find but little favor,
and that the power to establish and put in
operation a government might we'll be de-
Tended, while the power to control all the
concerns of human life would be left without
an advocate The difference is broad and
practical, and should be the dearer to us, as
it was the very consideration urged by our
revolutionary fathers in their contest with
the mother country, which began by argu
ment, but ended by arms. 1t was asserted
as early as l774, when the Continental Con
eress declared that the English colonists
ARE entitled to a free and exclusive power
of legislation in their several provincial leg
islatures, where their right of representation
can alone be preserved, in all cases Of tax
alton and internal policy, &C. In that great
struggle the patriots who conducted it CON
ceded to the British Parliament the authori-
ty to organize colonial governments, but de-
MED their right to touch the internal policy
OF the people; and for the support of that
great principle, denied and derided as it now
is, they went to war.
| observed that highly respectable and
intelligent gentleman, Gov. Hunt, of New
York, in n letter Just published, speaks OF
the Nebraska bill as "based on the absurd
heard a man support that measure, or APP
prove it for such Il reason. Gov. Hunt has
mistaken the snccrs of its enemies for the
views of its friends. The Nebraska bill rests
upon no such thcory-upon no theory at all,
but upon the stable foundation Of the federal
constitution, and Of the natural rights Of
man.
know of no one who claims sovereignty
for the Territories. Al concede their de-
pendence upon the United States. But with
in this relation there are mutual rights and
duties, and the qucstions-what power may
Congress lawfully exercise, and are the peo-
pie of the Territories divested of all rights
must be determined, not by poitico-meta-
physical considerations arising out of the
attribute of sovereignty, but by the Constitu-
ton of the United States. TO the law, and
to the testimony. BY that constitution, the
general government is a government, not
only of granted, but Of limited powers, and
Congress can exercise no authority which is
not given by the great chart 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, long as it
has been cherished by me. And that is many
years, as it 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 OBJ
serve that the clause of the constitution au-
thorizing Congress 'to dispose of, and make
all needtul rules and regulations respecting
the territory or other property Of the United
States, refers to territorial rights, and grants
no jurisdiction over persons" Among other
things | say: "The power to dispose of, anC
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