The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-05


eeedng directly they indirectly effect the same ot
Ject py using the federal government common agen
TOT the Purposef And are not the northern States
this Inc OF dangerous policy when they seek 10 put
pIOmpuon upon slavery extenson2 Do they not aepar
irom .ne true intent and meaning of the constitution
When they interfere with interests not to all th
States and will not such interference thus conflicting witt
The original design OF the government engender bite
feelings and local animosites which may end in dis
asous consequence One word more in regard 10 th
6adncty theory II the rights of the South in the protec
ton OF her slave property to become dependent upor
this theory for security then as before remarked the scales
must be evenly baianced-the equilibrium be main
tanned Is this possibe Certainly not The scales have
already prepouderated North and will continue 80 The
federal government is now controlled by northern MAORI
es That II VIII be used to oppress the South seriously
threatened Nothing but speedy return to the original
Staerghs theory of nonntererence with local and do
mesuc concerns ora radical change in the moral public
opinion of the North about The sin slavery can avert the
danger OF constant sectional collisions .ss
How do the various religious in this country with
rreconcabe differences in doctrines along together
In such peace and harmony Simply because the opinions
OF each are tolerated. and dare interfere with the
rights OF the Others Would this be so were majority OF
the seeis 70 combine to coer opinions upon the minority
or circumscribe their privileges? No. indeed Instead
OF that Christian kindness and courtesy which prevail
now all over the country persecution would lift her bloody
arm, and peace would flee away. Just will it be if we,
in political relations depart from the State rights the
ory Of with the domestic interests Of each
other /. ..,. +
In vain did the planters of St Domingo protest against
about which they ignorant necessarily othe wants
people, could NOT wisely legislate The fanacal phan-
hropy Of that day. stimulated by the Society Of Amis des
Noirs which at first disavowed emancipation, ended in
catastrophe to both without parallel in horror and
from the effects of which the island has recovered
This miniature abomnation will give faint idea Of
the results OF interference in this country upon larger
scale But the South unlike the island In the faro sea-
will not suffer alone The bghting effects Of interference
wiil reach the nstigator not only in pecuniary pop
Of view, like they did France but the cup of bitterness
which the 81 Domingo planters drank TO the dregs will
be forced to the lips OF those whose proximity will per-
mt them TO escape the poison OF their own compoundine
and the consequence of their crimes. 49,,
Where docs Congress get the power to legsae for the
internal and domestic affairs of people either in State
or Territory Il is concsded all sides that it possesses
no power but that which s specifically granted such
as may be necessary and proper to carry out the grant,
ed powers Implied powers springing from the necessity
and proprey TO execute granted powers therefore be
extended further than to attain that result 1t Is too
true as remarked by eminent statesman Of Virginia
that IA government can by unlimited power OF con-
sruction stretch constitutions Jeiss did laws or
erpret them Synods do Scripture according the tenn
poral interest Of the predominant sec And unless this
be resorted TO- we safe from interference under the
implied as under the granted powers No
our system is invested with sovereignty This highest OF
all political degrees resides in the people All our govern
ments State and national but delegated agents COW
cred with restraints and limitations It is the legitimate
attribute Of sovereign power make constitutions and to
say what institutions shall or shall preva and moth
ing less than this sovereign power destroy property
Governments in this country instituted secure and
w. Nv.
solue power property belongs only sovereignty
and if government in system either State or ma
tona ia sovereign it follows that the exercise any such
power whether predcated upon direct grant or claimed as
necessary inferenceE not only usurpa;0n but sub
version Of the fundamental idea upon which our system
rests, and destructive Of civil liberty.
To intrust agents, without restraint or limitation with
snch power would be invest them with an attribute
Of sovereignty inconsistent with democratic Institutions
and tend TO an entire overthrow Of rights essential the
progress OF society No State pass "a law ipairing
the obligation of contracts Why this clause inserted
in the constitution but the securely 10 guard the
rights of propeTyY Thus the then independent people OF
the States so jealous Of the exercise Of this dangerous pow
er have, b. solemn compact bound themselves
this whilst members OF the Union unless by the con-
sent of Eeefourths Of the soyeregntes through the
amending power IL the States have thus bound themselves
not TO exercse this power how II be claimed that th
governments the federal government their common
agent with much less profession TO sovereignty can in
duRe ih Its usef IL IL requirs specific grant OF power
TO CoEss IN order 70 enable them to establish rule to
measure properly such the power "o coin money and
regulate the value thereof cannot certainly exercise the
higher power OF taking away destroying property with
purpose would most assuredy have converted subord
nate government and considered jointly trustee
into supreme authority, and made the people tho prnc
pals mere subordnates.
The natural right OF seEgoycrnment previously the
ory practically established by the revolution and in
system the doctrine is soperega people and subordinate
by the old ederalss The colonies contended for the
right OF regulating their domestic and local affairs
Parliament asserted the right to egsate for the colonies
in al cases whdtsoever and denied the Just distinction be-
tween internal and external legislation The Issue
made upthe conflict oame-and the result Bopara-
ton Let those who take the British viow OF the subject
profit by the example "The right TO local supremacy
asserted by every colony and clearly recognised by
the action of the early Congresses This principle Is the
vital idea In system and cannot be destroyed without
complete revolution TO be followed by the loss Of liberty
and the installation OF despotism
IL Is stated In Marshalls Leo Washington athat many
% me IN he
opinion Of the parliamentary right Of internal government
the colonies and that the general court Of Massachu
setts explicitly recognized the principle They doubt
less led into the by following the English statutes
precedent Bot many Of her statesmen OF the present day.
TO old federal instincts cling 70 the exploded Of
the past and claim for the federal government which
bears resemblance in the extent OF its powers 70
the British Parliament similar right TO legslate for
the internal affairs OF Territory. Precedent Is
my 70 principle aud graspng power Is wanting In
precedent 10 justify exsrbitnt exactons Constitutions
bind down governments with cords 10 prevent encroacb
ments; but II IL often the province of preoo1ents 10
the cord and turn the yran loose The constitution
s the only chart for the government 70 steer It's by
and Thousand preceden,s however solemnly established
should not induce departure II claimed BY the
opposition that the ordinance OF 7s7 passed before the
adoption Of the constitution precedent TO control
legislation for the Territories under the constitution. The
provisions Of that ordinance prohibiting slavery In the
Northwest Territory clearly inconsistent with the
powers Of the present government and II they not
pealed hg Congress under the constitution II could only
have been upon the ground that the new government
bound itself that all engagements entered into before the
adoption of the constitution shall be valid against the
United States under the constitution under the euDd
Grafton" art VIZ IL s not necessary TO my purpose
10 inquire whether the Congress Of the Confederation
transcribed the limits Of s powers In inserting this pro
hibory clause in the ordinance. believe they did But
that question has been practically disposed Of desir,