The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-12-02
A TURN OF THE TIDE.

~ On our fourth page; the reader viii find an
article from the Washington Union, which is
worthy of preservation, as salient angle in the
crooked career of the Black Democracy. For
nearly ten years, Non Intervention with Slavery
in the Territories, on the part of Che Federal
Government, was the wstchword of, the party
and this Non Intervention policy was based on
the maxim that Congress possesses nopower to
legislate for the Territories, beyond the neces-
sary act for their organization. 1t was asserted
that the inhabitants of the Territories like those
of the States, possess the inalienable right of
making their own laws and institutions, and
that the interference of the Federal Government
with the domestic affairs of the Territories IS
arbitrary and unconstitutional. ta
General Cass had the glory of inaugurating
this Non Intervention Popular Sovereignty
doctrine, and the Democracy, as an act of graf
itude 70 the fortunate DISCOVERIES, nominated him
for the Presidency in ls48. The following ex-
tracts from the famous Nicholson letter, written
December oath, ls47, and addressed to A. o.
P. Nicholson, now Senator from that State,
and others, viii show the position which the
Democracy of that day occupied; for this let
ter as is well known, was written as bid for
the Presidential nomination, and the bid was
successful 1t is true that it was not altogether
| satisfactory to the Calhoun wing of the party,
because it comedies the right of the people of
Territory to exclude as well as to admit Slavery.
But they acquiesced, or were overruled, and the
Baltimore Convention nominated General Cass
as the candidate of the party, with the Nichol-
son letter annexed. In that letter, he says:
| ain various respects the Territories differ
| from the States. Some of their rights in
chOate, and they do not possess the peculiar
attributes of sovereignty. Their relation to the
| General Government is 5ery imperfectly defined
by the Constitution and it will be found, upon
examination, that in that instrument the only
grant of power concerning them is conveyed in
| the phrase, Congress shall have the power to
dispose of and make ali needful rules and regu-
lations respecting the territory and other prop
erty belonging to the Urited States Certainly
this phraseology is very loose, if it were de-
| signed to include in the grant the whole power
of Legislation over persons as well as things.
The expression, the territory and other prop
erty, fairly construed, relates to the public
lands, as such, TO arseaals, dock yards, forts,
which the United States may and must possess.
But surely the simple authority to dispose
of and regulate these, does not extend to the
unlimited power of Legislation /; to the passage
of all laws, in the most general acceptation OF
the word which, by the by, is carefully ex-
Guided from the sentence. And, indeed, if this
were not So it would render unnecessary another
provision of the Constitution, which grants to
Congress the power to legislate, with the con
sent of the States, respectively, over all places
purchased for the erection Of forts magazines
arsenals, dock yards, &c. These being the
property of the United States, if the power
to make needful ruled and regulations con-
corning them Includes the general power OF
legislation, then the grant Of authority to regu-
late the territory and. other property of the
United States is unlimited, wherever subjects
are found for its operation, and its exercise
needed no auxiliary provision.
IF, on the other hand, it does not include
such power of Legislation over the other prop
erty of the United States, then it does not in
clude it over their territory; for the same
terms which grant the grant the other
Territory is here clas sed with property, and
treated as such; and the object was evidently
to enable the General Government as s..!s. prop
to manage, preserve, and dispose of" such
property as it might possess, and which authority
( ID SSScHlldl diHlOsl W lls Dtlg. Dut the HYes
and persons of our citizens, with the vast
, variety of objects connected with them, cannot
be controlled by authority which is merely
called into existence for the purpose Of making
rules and regulations for the disposition and
management of property
However, circumstances arose which re
quired legislation, as well over territory north
of the Ohio as over other territory both with
in and without the original Union, ceded to the
General Government; and, at various times, a
more enlarged power has been exercised over
the Notwithstanding thereby the different
Territorial GOyernments-than this conveyed
by the limited grant referred to.
" How far an existing necessity NAV have
operated in producing this legislation, and thus
extending, by rather a violent implication,
powers not directly given, | know not But
certain it is, that the principle of interference
should not be carried beyond the necessary i'm
plication which produces it. Ii should be linn
tied to the creation Of proper Governments for
ReIc countries, acquired or settled, and TO the
necessary precision for their ere,.bdl admission
INTO the CHaOn Tearing, tie mean time, 10 the
people tTahabtilg them, TO regulate their internnI
concerns an their OICn cray. They are Just as
! capable Of doing SO as the people Of he States ;
and they can do so, at any rate, as soon as their
/ political independence is recognised by adBis-
! sion into the Union.
"During this temporary condition, it is hard
/ " expedient 10 call into exercise doubtful and
/ invidious authority, which questions the inteli-
/ gence of respectable portion Of our citizens
and whose limitation, whatever it may be, will
/ be rapidly approaching its termination--an au-
| thority which would give 20 Congress despotic
! powers, uncontrolled by the Constitution, over
most important sections Of our common coun-
| try. For, if the relation Of master and servant
may be regulated or anniailated BY its legisla-
/ ton, so may the relation Of husband and wife,
of parent and child, and Of any other condition
| which our institutions and the habits of our so
] ciety recognise. What would be thought IL
/ Congress- should undertake to prescribe the
/ terms of marriage In New York, or to regulate
/ the authority of parents over their children in
] Pennsy lvania And vet il would be as vain 70
! seek one justifying the interference of the
! National Legislature, in the cases referred to.
in the original States Of the Union. / speak
here of the inherent power Of Congress, and do
not touch the question Of such contracts as may
be formed with new States when admitted into
the Confederacy"
This Non Intervention Popular Sovereignty
doctrine of General Cass is now denounced BY
the Washington Union as the spawn of Red
Repubicanism-An act Of disrespect on the
part of the official organ towards the Premier.
which Is utterly unaccountable. Even ifthe VEN
cradle Secretary should be becoming " strongly
impressed with the opinion that another great
change was going in the public mind and
in has Oscn," still the fact is undeniable that he,
and not the rebelhous Douglas, was the father
of Suuafter Soxzere;urtv o,,1 ha ,.,... -