The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-27

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Pc be preserved, in all cases Of taxation and in
~ poiity, &c. In that great struggle, the
lots who conducted it conceded to the British
iMment the authority to organize colonial
efnments, but denied their right TO touch the in
pal poiity Of the people; and For the support of
great principle, denied and derided as it IL now,
went to war.
observe that highly respectable and intelligent
teman, Gov. Hunt, OF New York, In letter just
'hshed, speaks OF the Nebraska bill as "bascd on
absurd theory Of territorial sovereignty"
er heard man support that measure, or approve
OF sach a reason. Gov Hunt has mistaken the
erS OF It's enemies for the views OF its frfehd5.
theory ut all, but upon the stable fo9Adation or
federal constitution, and Of the naturn rights OF
know Of no one who claims sovereignty for the
ritories. All concede their dependence upon the
tied States. But within this relation there are
tual rights and duties, and the questions
yer may Congress lawfully exercise, and are the
pe OF the Territories Invested Of oil rights?-must
determined, not by iticometaphysicai con
Prations arising out Of the attribute Of soye
nty, but by the constitution OF the United States.
the law, and to the testimony. BY that consti-
ON, the general government is government. not
of granted, but of limited powers, and Congress,
exercise no authority which is not given by the
at charter that brought 1t into existence. Let
man put his finger upon the clause Of that in.
nee, and will abandon the principle, long a. it
been Cherished by me. And that Is many years,
yin appear by reference to the Globe OF March
1852, which contains an article written by me,
entitled "A Review Of the Opinion Of the su-
me Court in the Cherokee Case" In that article
bserve that the clause of the constitution autho-
ng Congress TO dispose of, and make all need
rules and regulations respecting the territory or
er property Of the United States, refers to terri
ai rights, and grants no jurisdiction over per-
= AVtan nth t.tttp So
pose of, and make needfal rules and regu-
ons respecting the territory and otner pro-
ty of the United States, and the power to
rciee general jurisdiction over persons
IN it, are. essentially different and independent.
FRED TO; the latter Is special. and Is found in an
er clause and is confined to the federal tract (the
trict Of Columbia,) and to places purchased by
sent of the Legislature of the State in
ch the same shall be, for the, erection
other needful buildings" This is the
e doctrine subsequently, advocated, and more
y developed in my Nicholson letter. repeat
\ this power Of internal legislation cannot be
nd in the constitution, and vain have been the
rts, by pressing into its service a thousand and
expressions in that instrument, to prove it to be
e diversity of reference which, Of itself, fur
les strong presumption against the authority,
IN If there were no other grounds Of objection.
Judge Mclean, of the Supreme Court of the
ted States, in some considerations published by
upon this subject and to which have elsewhere
FRED, well remarked, that there Is no specific
er in the constitution which authorizes the organ-
on OF Territorial governments He adds,
this power be implied from the specific
er to regulate the disposition of the public
ted to means suitable to the end in view
congress 60 beyoad this in the organization Of
ritolial government, they act without limitation,
may establish a monarchy: Admit that they
organize government which shall protect the
Is purchased, and provide for the administration
lstce among the settlers, it does by no means
pw that they may establish silver" Judge
can here brings the constitution Of the United
es to the support OF the good old revolutionary
rine, that the right to establish colonies or ter
res does not carry with II the just power to
rfere with and regulate the domestic concerns Of
people who inhabit them. He pronounces
cry to be one Of these concerns, saying that ut
municipal relation OF limited extent, anu Of an
illy limited origin. 1t is II domestic relation
which the federal government can exercise no
have never known the lime when the democratic
y was called upon by higher considerations TO
ere, faithfully and zealously, to their organize
and their principles, than they are at this day
confederation Is passing through the most Sc.
trial it has yet undergone. Unceasing efforts
making to excite hostile and sectional feel
against which we were propheticaily
ned by the father of his country
il these are successful, the days
this constitution are numbered. The con
ed assaults upon the South, upon its character,
constitutional rights and IT institutions, and the
ematic perseverance and the bitter spirit with
h these are pursued, while they warn the demo.
Ec party of the danger should also incite it to
ed and vigorous action. They warn it, too, that
line has come when all other differences which
have divided it should give way TO the duty Of
hiding the constitution, and when that great
h, cocval with the government. should be united
le man for the accomplishment Of the work to
h it is now called, and before it is too late. II
American party, for it has neither sectional
idices nor sectional preferences, and its care aud
forts extend wherever the constitution Of its
try extends and with equal regard to the rights
Interests OF all. believe the fate Of this great
bic is now in its hands, and 80 believing, !
estly hope that its action will be firm, prompt
united, yielding not one hairs breadth Of its
honored principles, and resisting to the last the
yerous efforts with whichiwe are menaced; and, IL
be victory Of the constitution doubt not will be
eyed. ! am, sir, respectfully, your obedient
ant, LEWIS CAss.