Year: 1859

within their prescribed limits, and within
these limits they can govern themselves as
fully and as far as State can, "subject to
the Constitution of the United States" and
not transcending the "rightful subjects oi
egislation."


Now if these principles be true-and il
they are true, our revolutionary declaration
of independence was farce, and our brave
forefathers were wrongful rebels against the
British Crown-the only question that re
mains is, whether or not slavery is local or
a Federal institution If it is Federal
institution, then Congress is bound to pro-
tect it, and the territory can at no tinae-not
even when the people come to form State
Government--prohibit or exclude it. If it
is Federal institution, then a Southerner
has right to hold his slave in Massachu-
setts, and Congress is bound to protect him
there. The Constitution" says Gov.
Fitzpatrick, d" is obligatory in every depart
ment of the Government" So say we.
Then, if slavery is established by the Con-
stitution, it is obligatory wherever the Con-
stitution extends, and that is from Maine to
California. Nobody pretends this. Then
it, must be local institution, and this has
been clearly decided by every high tribunal
of the Southern States before which the
point has been made.


If it is local institution, what has the
Federal Constitution to do with it? If it
has power over it, we ask to have it pointed
out in the Constitution. There is no article
in the Constitution that so much as hints at
such power. If you derive it from the
Constitution, it must be squeezed out of it
by the Federal process of latitudinarian
construction. You must drop your State
Rights principles, and concede powers to
Congress neither delegated nor limited at
inferentially in the instrument. The power
is with the people who are to be effected by
its exercise. 1t is there, whether it has
been granted by Congress, or recognised by
Congress, or is inherent in them as local
selfgoverning people. No matter what it
comes from, they have it.


"The Territorial Legislatures" !" says Gov.
F., derive all their power from Congress,
and it is impossible that Congress should
delegate powers which it does not possess. -
We answer, a Territorial Legislature may
pass an act to hang a man convicted of q
crime against the local peace and authority.
Congress has not that power. Congress
recognizes the right and power of the peo-
pie of the Territories to govern themselves
municipality, yet Congress has no power to
govern them after this recognition. Gov. F.
says it is only when they meet in conven-
ton to form State constitution that the
Territory can exclude slavery, and that Con.
gress has no such power" Why not on the
day before convention of this sort meets,
as well as on the very day? Does mira
Gle happen to give a political community
sovereign power to-day which it did not
have yesterday? Is there sort of political
transubstantiation which takes place at a
given moment OF time, just as in the cere-
mony of the eucharist, while all heads are
bowed, in one instant the bread and wine
miraculously become the body and blood of
Christ? Is there any warrant in the
American Constitution for any such mirac-
ulous change of political powers? This
does very we'll in the mysteries of religion,
and In those creeds which deal with man 8
spiritual relations to an unseen world beyond
the grave.


But is it not sheer nonsense in mundane
atfairs--is it not simple stupidity in politics,
to contend for such miraculous interposition?
The absurdity is too palpable. The power
OF people rests upon other and more tangi-
BILE foundations, and it is amazing that Dem.
ocratic and State Rights publicists of this
enlightened day are at loss where to look
for it. 1t is to be found in the source of all
political power and sovereignty people.
In Europe you find it in the Gar, the En-
peror, the Absolute Monarch, and he doles
1t out to bis people according to his royal
ciemency. In America, it is to be found in
the people, and they dole it out to their
Governments just so far as they think it
necessary to their general veal and liberties.


Governor F. says that Sin relation to
Intervention for the protection of slave
property in the Territories, entertai non
doubt either as to the power or duty of
Congress" We not only doubt, but utterly
deny either the power or duty of Congress
in the premises. We deny to Congress any
power not expressed in the Constitution
and we do not find this power there, and
congress has no duty not complied with the
power to perform it. We deny it on popu.
lar government principles, and on State
Hlghts principles. We the more eagerly
oeny 1t, because it is essential to the sound
Poilcy and to the best interests of the South
that 1t should be resolutely resisted.


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