The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1860-10-03

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new plank, the effect of which, if adopted.
would be further to disgust and ALLEVIATE the
Northern Democracy. In this instance the
sine qud non was not compiled with, and the
Disunionists foated off on the rejected plank
/ into an unknown sea, unfortunately carrying
with them large number Of good and true
Union men.
And what is this principle, the non-recos-
milton Of which has riven asunder the deipo-
cratic party, and apparently threatened the
dissolution of the Unions 1t is, that IL is The
righ and duty Of Congress 10 iegisiate for the
protection Of siaue property ~ The Territories.
Now, take IT upon me TO say that more
Naturalization and dangerous claim of power
in Congress never was advanced by teder-
alists Of the Hamilton school. Look at it in
g constitutional and practical lighr. If Con-
gress have the right to legislate for the pro-
lection OF slave property in the territories,
they have right to Iegislate for the protec.
1 tion of all other property and If they have
right tolegislate fnrthe protection of proper
ty, they have right to legislate for the pro-
lection o. persons. The assumption that they
can legislate for the protection Of slave pro,
perty leads, logically and inevitably, to the
conclusion that they have power to egisate
for the territories ln all cases tohats0eVer. III
you can put your finger on the grant OF this
power in the Constitution, please put IL on its
limitations, if any can be found. Upon this
principle, Congress may acquire an empire
outside Of the organized states. over which it
may exercise unlimited puwer. governing il
as the Roman State did their conquered pro-
yinces. And this under a constitution which
II .n,l .1.,.s. ~
legislation BY Congress TO few spots Of land
purchased, with the consent OF the states, for
specified objects, and grants no power 81 gen
eral legislation ouer a territory mhatsoeper.
To verify these positions, we need only
! advert to the Constitution. Among the grants
Of power to Congress is the following, viz:
To exercise exclusive legislation in all
cases whatsoever, over such district mot ex-
ceeding ten miles square, as may by cession
OF particular states, and the acceptance Of
Congress, become the seat Of government Of
the United States, aud TO exercise like au-
thority over all places purchased by the con-
sent of the Legislature Of the state in which
, tie same shall be, for the erection Of forts
5 magazines, arsenals, doekyards, and other
J needful buildings"
d Mark the jealousy with which this power
is restricted. For the protection OF the gov
5 eminent, even, il is limited 10 territory not
exceeding ten miles square, and it canuot be
exercised over i" the forts, magazines, arsen-
ais, dockyarts, AMI other needfuI buildings .
|, situated within the states, unless the land on
which they may be located shall be first pur.
|, chased with "the consent Of the legislatures
; Of those states. Is il conceivable that the
wise men who restricted the exclusive pnwer
! Of legislation in Congress TO a territory not
exceeding ten miles square, did, by any in
direction, grant that power broadly enough
to cover the whole continent outside Of the
organized states, should it be annexed by
purchase or conquestf
The following provision is the only one in
the Constitution which has been chiefly, il
, not exclusively relied upon to sustain the po-
sition that Congress has any power whatso-
ever to legislate over tie territories, viz:
The Congress shall have power 10 dis
pose Of and make all npedful rules and regu-
} Iations respecting the Territory or other pro-
J perty belonging 10 the United States"
z The word territory" used in this pro.
vision, obviously means land, and nothing
else. The United States, at the time when
; know that much has been said in the
the Constitution was adopted, owned an i'm
mense amount Of land north Of the Ohio riy-
I ..er, and these lands Congress was authorized
to dispose of" That the word terrific
! ry" means property. is eonclusiyely shown b.
: its connection with the wnrds /" and other
property" territory and other pDperty.n
/, The territory spoken 81, therefore, is proper
" ii iands.
Rules and regulations" are a grade Of
legislation somewhat below the dignity Of
laws; but admitting them 10 this case to have
! the same effect, on what are they 70 oper
ate Simply on the property OF the United
, States, not on any other property nor on
: persons, except 80 far a. they may be con.
i. nected with Tie public property. To thi.
extent, and no further, is the power Of Con.
T gress to legisiate over Territory granted "a
! Congress, aud whenever all the lands and
: other property are disposed Of, the "ruIes
I and regulations" become obsolete, aud the
E power OF legislation granted in this clause, i.
< thencefOrth ID allegiance.
3 Moreover. this grant Df power extends as
. well to property within state as within a
: territory. In a state the general power Of
e legislation is the state legislature yet The
power Of Congress 70 make rules and reg
+, ulations" respecting The public property. Is
: the same in state as in a territory. The
! scope Of the grant can, Of course, be no great.
!, er n territory than 10 ! state, and il neces.
I sariiy follows that this clause OF the Consti.
tuition conlers on Congress no general power
Of legislation, either within states or terrto.
E ries.
It Is not a saiilactory reply % this argu.
: men, 10 say that such power has. to some
extent, been exercised. 4 il better 10 &C.
. quience ID and extend the usurpatiOn than
70 put stop to L, as ii case Of the United
: State. bank, By bringing Tie government back
} 70 the constitutional test Which is the
. safest for The South, the constitutional prin.
J ciple that Congress shall not legisIate lor the