-..
.. - v.v . . 7 'fTX- v " y . ' -' - - j ' - v. .; r.- ' -f
V.
i
:From t lie! Wast theater TJemocrVvV V,
LINES ON !THE "ttfTA-TIL OE JAMS .
V-'
r
: C & V K. ' POLK.-
-
to
y""
f
t
t
i
.a
't t c ; :f . wr. ,m r' ' -SCO
iil t! totk..- J, . , . 3.00
All ta- Ut:f !o ih rJ v. nuuU pl
i.KTTF.i: FIUU1 UKX. fMJW. .
ii? 1 . - v - . . . ' 1 ?i i ' v a j r c r 1
cC:n; u, . i to the r r-nrt, ' l" J VV tho deuce h.J nct ,tS pur-
cJn : f V.rk C,uH r n tiTaaui. l f ,l ?-'rte ll;at f of
la tV:h aa cu rf.u i.! bj w?cnr tr.i i nsm. thw cxplo.Tv-a
lL pf :r t, c nvicl ;'n:nc.-ri?T. I t !ro1uU f01" 10 ,CUer "t-"
. . ,v,--:i 1 .si -t - .:.. r m.liD-av iJrx to my cntimoU on .this
tcra ImVfjr?. 'r.Vr r.-:.t;t tinier
tra!.i.c r f r tlunr r!cbooJ
sa t-j ttviiic roJ c - : r4;h tie cr-
fxur' of jaulce hj or orpjwntj, even if j
T.ht cf eximTtziticn. Hat ul.c nu
1 1 t,
-" Oa I Lt Vcvn d'c-iTeJ; au J a no
pyasidi nu ja cf prrritr cn
u w alio a iii
nAcrtl wUU
Jj? iu the
rrcscit tc-iUao., uotonlr tccanw th? charrc
- .
U tteUalj paftrret!, Sot Iccaa it UnU
-!?f4c4 t iLlw tn in a fj.! im-tlt, f .r,..
bvcdcIjtJwTittinTTif .rrnftlav.
jUa tL ppfrjm f r.,i UM t t., 1..,
r-33 ca an cxenrdoo td iK- IV 1,1-
M I d;! oh wiih to rf. r to h'mi thuj pab-
lk!y, ;:! u! a prevbm oatfruti.-n It!j
lixa ; bat ha Lx o t yet r.-taro!, n v d 1
il4ta r!itic, w? bird nt casol tJ!
Irwfit; a t h- xl lc a m sc!i -rjfiJ
a-I mi it tUff dL:-:ncxvaj cfi" ill U c:--tc?fk4
KtU.r Laio pr,fof my tnrjn??:icy
U - VI z nrf, t!:it n:rer o?CJrr?l t.
Ll;."i N"5tato2 I !a:c ia thh Irtur will be
CId ia'anwiitfl lr Col. Webbi acJImir
sIJ, Mr. (I
Ja si unT.i: i;int; and thauU
rjoaiffti I hi crtre t.i ar!a;a the
I cannot
xlie tm'.h. T
cl n-4 etnl-mt twl mn'l rf KT .rtw-T..
AVlLAVrrr hi lri!,..- r.f i!w ,
7 -i
:a 01 im wui.r r-rcs
t'ffLt I bvIITc Is dIpol to dj ru
rLrui very bncSr, lat TcrrexpUciilr. TIe
IUrlmore r.hiiw onawy jrn'im nis
rn tboVabjec: cf the tariff. Aai n?ith?rt
CVL V;lb craaj otirr raaa hare I uttcml
a worJ iacin-utut witlj them. I voUxl f-r
In T Urijof 1 ? T;aa J though there wer.i
Ihlc I V a! l Lave Ivcn g!a 1 to rce othrr
w'rf, (an 1 wa arc taercno; in jch co::ip'i
'taicl qA:ii&A?) yet I give it uir liorty
ipp5rt. t never exchange I a w "rl with
CVL VLb o the subject of a pnt-c:ivr
UnS ii ciy life. X-f dw he nr I did.
Vt'kjr ti ttp;'i.I I fjiRrthJ il, I know not.
It U c3u-4 to wr he L iu crrcr, a axa a
wb- "rai uoiilar c-vcaLo.
Ia the cw f c nwritioa between C1
cf rjjh'?iUtj to all itajr!Yctt?u'$, bowever
pcaeral anl n:ce.vry, Lj Congrey and to
lay l-ttcr I Mr. N.fliolson a cvwJeace of
MT dnra tiat alavcrT suxilJ hi c-r-tiblUhed
i i thV territories ceeJeil bv Mexico to the
Vritxl Su'-es. I called thesJ cfTjrts th
. Luiubag of lb 3 day, a they were, an 1 mast j
i;e-r to coaicAl
t have been oy even-
caniil niaa.
In nrittcrof thesa L-tters is
;erc
U bo
f.voJ enc jrllAble ftrcrabla to
the 'cjaitractifcs thae pat opoa them. TL;
litu-r to th Chirac Coavcntioa makes n A
rthe tn -vt d-tiat alivtoo to the question of io
U;vJ ircracutj , A person iniy le the
rrsaltfst b.'ltaiioarian, or the afnrfest cn
km wuti c; wiU : anl aj l i-a'uaw ! n " cat-1 w.'-'n '? ounrry win have in !n:irh v,r ,vnder ti m v how int.dli.r, n
1 Iw wljfct t sacU sj?i!a:i wis with vtt,w t. at'n, thrc nr.il bj atuin.l r.lit.,rH of public ropers, whose iufluencc en I
i'hJ'w-rT-f crrc:ite, I uxe Ue- ' " 3 ' ""J11-- "-u-r' 1 piM:e opinion ns.- gre.i kIiouIJ venture thus
Urm:a.-1 19 d lxT tu? aniw.r nolm r. I aaI rlllt vAl furnuh cxidenea of a t deal own with ap ditical op-onent, inutter
Ul5aC2.'rlbfn:aLLil-jhJanJ ' i' "l f ao-m:u h::oaf ratlur thm j t:..reg.ml of his true position, 'it will not stir
luTfC?Tr e.iK,J t,i ri'ftm Mm. Oar fr-1 cf;tnu r,,i?7 f f tlt- g nenl interest, j J)r;4, v,ni yAt t many wu0 uave viewed
oml ,rcl$ r. Late alaMTi hctn k:nl. IH- 1 "VicU asinMage is a very doT.rent thin- , mv c.x. onlv in a mrfr nneet. to l told
'l"f-Jf Ulif.icU-raal iaiproremrni siJ f k.nvr hi-, rriniuciit P)litician of fhe
th cxtecian of 4rerT. Th f nt I 'V ol .ew lor ; ana 1 believed, an 1 1
Webb an J iafdff I rcferrc-l to the ltt piv- ! 0:1 ,tt! T2n. ' Iett,r. whtch is;
siJctiU coat. al to the p!peabl inj i- ' wh-dly sil nt qh the s ibj-cr, aal n t in mv '
tic wh-fh Lfcl ben dtna tn Lr f! ;.- , f? Vj..3 :n ta ' Senate ol the I m- I
res. irf 1 pjUltciao la hl Jin up tut letter t tx VN
tatWCbt Cnvcati.n tut a evUencj I Kyiinent whiz politicians whom I coal 1 ,
t'r;wfi ' snj in iutl' wnncu iua iciut u-.v-. ..... - - , ...... v
:. ;mT- !! ! words of one of the$e re.nlutns, I bt lieve would be iust as certainly a
i: deA is t dec lino bean- pre-nt on that ! " that thecoictitutiou d.oes not confer on the i it. If Coagress have not the
.-Sn TKv L-trr' to fr. VIcholiu ex- general vernroent the pwer to cominence , believe they have not, :n con
n.1 dinic the power of Coagre-M to : and carry on a general system of internal ini
Wtlaaot rroviK aal to Jurors t-i ! provement," and no man living lias the
.ajni&rs an.
ria the
.fh-3 that tiat tneajans trou!J be iacxpedi-
ctst sl 'nnecr3Mary, evea If it wrro on-,atito:i-oaL
There U not ia it. fnai be
pnziti t cnl, one word goin;r to how ray
criQwa wx thai alarcry would be establish
ed tifrr, or tax wLh that it sbouM bsjciub
1.4k ci tb-Tv. All thli will srarprlo latny
Tl an wao ,yt reUin tha tnopwi n$
I'ary r-xited daring a period of excitemint,
y.i wl'th iifr g-alnc-1 fncn the.prei, too
t' 'a porrilag'iu cljcct without rcgiri ta
t'i I.fWt eu.iJLra:i.,3 of jxti. It
X'' dVu whit I ?ay en the aVject
cf u l::!rs'tura lo thcni aal nal fjt
l.r-vif. 1 To tU hv aal t tke tMtiin5or.
I ill 6 jw a Mr. CJtHly f r I rc-vvt
Lu C4aJct Ui toy Utur to g-atl.
rrua wlo:-m:ed ma to attcal th: Chicago
io J t'1; taj y!nIonnjn the
uxtcf I'-'-rnU-iafroTcrarr.!?- T was
auicJ to atttai t-at contrati-a; aal tht
wxaall I wx aaicd. I aaj.mi I ahaa'd
rot aitrsdjlaJ thxt ill ,1 &-urervL
" Aa-l ytl tiii ajxiwfr, at I haie jta'.J, ,
'r-raUtl frosi cn tn.1 cf th Vm. a ti tl4
(cttrr dzrlei tic late r;r;i-i;s:il cutest, a j
rVOLU.ME. I.
tu aov I
1 mxi-mcut l.r ilie pciicn! FiTcrnmcnt. t-e
suljetL. .or atT rrocal to cnrict me ?f in
co-uttocy in wj ucls or ojjokn. I tliJ
Dt - U tbv Cbirai Convention, Localise I
d'A u it tlilnt enj pioj wool J rr?ult from it
blr. - I diJ n tclicve. tlftit sUw'u LJic,
In jvri Ji of jiolitlcnl excitement pv-rLap--,
iKfJ, at any pcrux! cither by Tue conccn
trtun of public hpiaDn or hj the diffiiMun of
infuriintjn, on l ail to any useful plan of
actin. InvifcJ, a$ the members of tint
jt cation weix, fmra every prtivn of the
' I t'n'niO. th? y'icrc of onoraiin w:n ftr U
opcrali
lin-ivo f .r wi anJ cat:
t l?,rf:,Tc, ,f f T'r!
1 m r m m
caatiua deliberation
:ni too inaav into-
il tTtpoji!i',trt on!-
. . 1 1 1 .. - -.i
re 11 " u''1 u "Vcu a cjnrennon, inv
c) ' t rih th? c3f .rt ; fjr in th
f rItV t Tint ur.vlli flin r t ,rf r 111 t1.-. fi.
tjJ.-J stl'.c of thi l-ublx t.ul ura the
01 t'uunc Ci-.ui uja
u-ilever t-Ia'fvrm Uiiht b a I o-
t4J' be r.pai.ncf tho putics, an 1 p neral-
. !r Ot sn Itvi I xiii, WWII r.'unm th: im?
If a tpwrA rUn of on. rattans U to
" TrP"J "O'i j retl upon Cjagr.w, the
( obicc"i,in 401 p-IpWo mrl grve. T!i
; ire un Lr little rfaiL;!ii v ; an 1
r . . I - - - - . .
iro n u( aitiipi 10 c mvn 'rate opinion an I
scti-jain favur ofaajr improveui ?ui afT-cting4
t 1 mm .-..- ..... . . & . . 1 .
there i a c-mai'inity of mformatioti aa l luh--r.!,'aa
1 wl- re th.'ro i iu weighing of on:
prj?c. ag4;nt an t!ier, n?r any sicriaeas to
cn-v.ri? tac ti.--:rel result.
An 1 I am f illy e manual in my pmiom
an!irip3titTs concerning the Chieng Con
vention. I imagine that the first mm is vet
JJ3J who will venture to iv that any
.
: a.jraa:aze na rvuiieii iroui if- iaixr.
Jiut I haJ yet another reason for decl.n
in t at'jru J that convention. I did n )t like
j it.rigia. Th earliest uolie of it which I saw
uave yet no reaiou tj ioufit, that 0110 great
, object wu. lo injure th 1 democratic party by
taking a lraotag of the excitement which
! prevailed iu crtain portion of tfi3 oaaty i-i
er.wjtiencj of thu failure of two snvsiv ;
internal inijrivenieat bills. An 1 I hiv
1 sine? nu Jerstoml, tU)ugh I can-i-H v.uc:i for
. th? fic th i'. s.ii-h wn the actual inton'.ioii,
, an 1 that the proceeding- i f the c nven:ii,i
VivjII have a-mniei a party character, an 1
bev-n directed to this o!.j.x-r, had nt die de
sign been frustrated by tho Hrraue.ss of the
d:ui xra'tc nicthbers.
Now Mr. tJrveley will unler.4tanJ why I
did n aiten-l thi convention. IJut Titan-
f ft
no: unler?HnJ wov he seeks my
OpIlllOTM
Iett
nam?, but that it would he invidio-ai to do
o, wre invited to attend tha Chicago Con
vention, bat neither aoswerwd nor attended.
I tbui;ht it due to th pMillctafii who in-
vit"J mi to acknowledge his attention, aii1
did . An l this act of curtesy, which
constitute the only clinYreucc netwev n my
self and others, ha been niado the text
biok whenoe my opinions are to be deduced,
and bv which mv inconsistency i-i to be
prove.!. On the question of the p wcr of j to prmouuec.
the United States iver the subject of inter- In the view here taken, the effort to cn
nal improvements, tnv sentiments are in ae- graft the Wilmot Proviso upon an act of
cardiac? with thi of the great democratic '
party, and an? fully express in the resolu-
. linn. ..f (h 1 1 1 1 f i tiirtr I nn rnf n In lhi rru'ili.m r.f iha r-nn n f rt- in nn
right to gainsay this assertion. But at the And in addition to this, it is peculiarly of
tume time I have never disputed the right fensivc to one-half of the States of tho lTn-
of Congress to improve ome of the great
harboM and rivers anl lakes of the Union,
national in their character, and important
to the commerce and sirao of tbem to the !
defence of our country. V bile tin demo
cratic party deny the power to devise and
carry oa a vjut system of operation j whose
pecuniary extent no man can foresee, and
what u still worse, wnose corrupting lnuucncc,
as well in the Iegnlatnre as out of it, can
not be viewed but with the most serious ap-
rrthenaion the great majority of that par-
m - a i .1
tjr, indeed nearly all ol it, has advocated
particular appivprutions justified by the cir-t-nmtAnef
i f notion and importance. Al-
m-t at tha sama tim3 that I doeclared my
ad heal on to tke irsiihjttf'ns of the Baltimore
CoavcotiotJ, I Total with equal goal faith
f jt the bills ia tho Senate providiug for the
iaprovrmcat of th? rivers and harhors and
lakes, anJ ailvocatcl their passaga ia my
scat; anl thi b rrvciscly ths rcasoa why I
s zzJlOJ of the whig papers anl politi
cs cf .clisdasnuaoejoes!", or something
ASKNOTJIINa TIIAT'IS.KOT RIQIIT
-ur jr....-.. -.
c lincolnton; n.
. -r t .
worye. It- arting that my Chicago letter, 1
wliich Wnkuncd not a word on the sub
ject waJ proof of-inylustility to " all action
4( (!bnpre-., iAthe very face of my offi
cial course and of . my publicly declared
opinion'-'Anil wy osiuon was-that of
tuoj'tofthe prominent men of our party,
twho, while thev held to tle doctrines of the
resolution, herU likewise to the power of
special lepiLation, and voted for the same
bills. I ih not, know, indeed, that there
is a single senator wh Jeulc to Congress all
power to legislate over this mttter. Cer
tainly Mr. 'Calhoun does not, who adopts
the wholf doctrine of srrict construction.
I am awuf ? it U difaeiHt.to drax a practi
cal line at all' jjilcs -between-, objects that
ouglit and thiCouIit r.t irwc th'fLt-teati-in
of C'onsr ..- J and I think, therefore,
Ijokiu ; to tho abita to which the whole sub
ject is liable, that the effort should In to nar
row, and not to enlarge, tho circle of power ;
aa l isach I understand to belhe views of the
d.'iuje ratio party.
The other pnxf of ioMncerity, m T have
already stateil, U "drawn from the f iet that iu
my letter to Mr. Xichofc m I tx.k"thc ground
ironnJ the Wi!u t Proviso, exelu'lint; slave-
i ry by law from the territories, ami inw b?-
Move that .'.ivery, Willi or without that re
r.ctio!i, will not b- efblishetl there. And
I t!i? wonder i gravely expressed h w I could
I write tint letter an 1 the letter of three lines
to the Cbicigo t.'onvention,' and vet claim
th
of an honest man. It
, t,.lt , tllt very o(ter from Mr Mcholson
Pxrr!v ifed mv opinion to be that
. - .
avcrv nrvcr wouIJ extend to California or
New Mxiei; and that " the inhabitants of
thes? region-, whether they dejend on their
ploughs on their henls, cannot be slavehol
ders." I quoted with full approbation the
opinions of Mr.llae'ianan an 1 Mr. Walker, the
former of whom says : " It is morally im
possible, theref re, that a majority of the
emigrants to that portion of the territory
I south of .'50 will ever re-establish slave
ry within its limits. Mr. W alker main
tains that " beyond tli3 llio dd Norte slave
ry will tot pass, not only because it is for
bi ldeu by law,' but because the colored racs
there preponderates in the ratio of ten to one
over the whites ; and holding, as they d . the
U iverameutan i mot of theofhses in their pos-ses.d-in,
t!iy wil! not permit the enslavement
of any p-n lion of the colored race,whieh mak es
and executes the la'.vs of the country." And
to these remarks I add : Th? question, it will
theref re bi seen on examination, docs not
rerrird tl
ee!u-i")h of of slavcrv from a re-
gi n where it n w exists, bat a prohibition
agiint it.s intro lucti-Jii wliere it does not ex
is, and r!ien friin the feedings of tli3 in-
habitants, and th-2 laws of nature, "it is
nnrrally imp)3sib!e, as Mr. Buchanan says,
" that it can ever re-establish, itself." I
have n-:ver uttered to a human bein a senti
m?nt in opposition to these views. And
sn'xxjient events, tha f"pdecd of eve
ry djy conSriu their justico ; and renJer it
iinposib!e that slavery should hi re-estab-
'jotl ia thi region ceded to us bv Mexico.
holding Stutes, among those who are most
atachel to tho compromises of the constitu
tion, and mot iletennined to maintain them.
And I do not doubt but there are many per
sons in the Southern States who resist
the Wil mot Proviso with all their power,
as oltetisive to the reelings, ana injurious
to the rights of the South, but who still !e
lieve it is a question rather of principle than
of action, and that circumstances are prepar
ing an exclusion which Congress has rio right
Congress, even if Congress had the requisite
jxwer, is a ustdesj attempt to direct Jhe le-
omect which
ttained without
power, as L
T
imon with a
largo portion of the people, it becomes worse
than use 1 ca. bv becoming unconstitutional.
ion, who sec in it an attempt to circumscribe
their rights, and to mortify their pride of
character. 'iN'o man can look at the
signs
of the times without being satisfied that the
i prosecution of this question is producing
the worst state of feeling; and though I trust
that happen what may, our southern breth
ren will still cling to the Union, equally
their ark of safety and-ours, still there are
cviL? short of a separation which every good
citizen should seek to avoid. He should
seek to avoid all occasions of unfriendly
feelings ; to avoid as far as may be the agi
tation of questions hostile to the sentiments
or interests of ditterent section 01 tue conn
try, anl thus tending to array one of them
against auotlier. There is enough passing
in the Old World and if there were not,
there is enough passing around us to teach
us the inestimable value of our institutions,
and that theso ought not to be hazarded by
internal dissensions, as unnecessary ia their
origin as they are portentous in their conse
quences. -
c e .inc:cr
I
1
SXTBMIT'.TO NOJHIXQ TIIAT IS AYROXG. -JaeJeson;
c, august i o, 1349;
So much for the expediency of unriner a
1 measure thus advocated and. opposed. lJut
1 . ..,1 .
ucouu luiisquesuon is asuu more important
one in a const rtutional government, and that
js the power of Congress to- legislate over
the pubjectfand this must be settled affirm
atiyeW beforeihe propriety of legislative ac
tion can be considered. I .am not coins
over tltis ground at pressnL, I hae already
touched upon it in my letfcey to Mr. Nichol
son, and I -shall probably have an opportu
nity cf expressing my sentiments more fully
at t!i3 naxt session of Congress.
-
I sha1. content myself with presenting a
few gen.niTf remarks here, as the subject lies
ja my-wa. 1 here is one important consid
eration -which. meets us-afc tire very threshold
of this .inquiry: 'there is no express powrt
in C6nrresa to lenslaffl over tho trritorioK
:to be found in the constitution; for I believe
it is no? generaly cnccdd-r-a3 indeed
it must be that: the power, to dispose of
and Muke ecdjul riilcs anl regulations for
the Irm'forjiand ofhrr pnrpcrty vtlie Un ited
States conAiins ho grant cf political power
over persons upon such property either
within or without the respective States. And
if it 'does ti the one, it must in the other
for these wirds are equally applicable to
tlie territory tnd other property of the Uni-
ted States, "wlerevcr situated. Hat titer? are
some five or fix provisions in the constitu
tion whence1 the power is sought to be de
duced sooi persons deriving it from one
clause, and some from another; while each
is more fortunate in showing where it docs
not, than where it does exist. The exercise
of a great poltical power like this by a leg
islature, deriving its existence from a writ
ten instrument, ought not to depend on
such loose Constructions. Nothing shows
the wcll-grotnded doubts respecting this
power better than the very uncertainty in
which we are involved in the indeavor. to
maintain -it Vy an express constitutional
grant.
And no wonder that now, wben
peculiar circumstances bring this question
more forcibly than ever before the conntry,
the true foundation of the power should be
severely investigated.
Those who maintain the right of Con
gress to pass the Wilmot Proviso, must
maintain- not enly the right of that body
to establish governments, and to provide for
the nioessities of legislation over the public
territory; which is one thing, but also the
power to direct all the internal territorial
legislation at its pleasure, without, regard
to the wrll of the people to be affected by it,
which i another and quite a different thing.
T shall h)t enter into any subtleties touching
the condition of sovereignty, or the riglts
it brings with it. That subject was a good
ileal debated at the last eession of Congress:
but it had beeu already exhausted in tbe
discussions previously to our revolutionary
struggle
le. e are sovereign, said the Jint-
ish
govcrnmcut to the colonies, and may
legislate over you as we please. You are
sovereign, said our fathers, and may .establish
governments; but you have no right to in
terfere, by your legislation, in our internal
concerns. Such legislation, without represen
tation, is the very essence of despotism. This
dispute divided one empire. Lot us take
care that a similar assumption of power docs
not divide another.
Have Congress any power to legislate
over.- the- territories? .1 said in my letter to
Mr. NkTiolJSn, "How far an existing neces
sity may hate operated in producing this le
gislation, and thus extending, by rather a
violent implication, powers not directly giv
en, I know not. But certain it is, that the
principle of interference should not be car
ried beyond the necessary implication which
j produces it."
i ue ground ot necessity is that upon
; which Mr. Madison placed the action of the
old confederation in passing the ordinance
of 1787 ; and if I do not misunderstand the
late Mr. Justice Story, he entertained similar
views when he said that acquired territory
must be under the dominion and juris
diction of the Union, or it would bo without
any government at all." If to avoid this
latter consequence Congress exercise a pow
er not otherwise to be defended, that power
should be limited by, the necessity of the
occasion which calls it forth. To preserve
the peace of society and to this ground of
support we must come at last there is no
more need that Congress should conduct the
legislation of territories than that they should
conduct the legislation of Virginiaorof Ma33.
It is enough that they should organize gov
ernments, and then the necessity for their
interference ceases. And the result proves
this ; for the local governments do ;manage
the internal concerns of the' territories in
most cases, and would as safely in all, if not
restrained by congressional interposition ; and
if Congress can pass beyond the power to or
ganize governments, they may rule a terri
tory at their pleasure, and prostrate' every
barrier Of freedom. If, as I have heretofore
said, they can regulate the relation of master
and servant, what but their own will is to
prevent them from regulating the other re
lations of life the rehition of husband and
wife, an i of parent and child, and, indeed,
all the objects which belong to the social
state I I here is no man who .can show the
slightest " necessity for this interference on
the part of the general government, and
there is consequently no man who can show
that it has any right to interfere on the
"NUMBER 35.
ground of ita-necessary action. The people
of the , territories, are , fully competent to
conduct their own affairs ; and the very" first
principle' f our social systeav demands that
they should be permitted to do so.
''Whichever may be the . source," says
Chief Justice Marshall,1 speaking doubtfully
of the origin of the jurisdiction, - f 'whence
this power may be derivedythe posession if
it is unquestionable.",;. lie : is speaking of
the power of Government; and no doubt it
has been pcsse&sed; but it becomes very im
portant to ascertain how, and how, far,. Con
gress has justly possessed.itin order to , ascertain-to
what extend it may i. be eserciied.
In almost all I believl I ifayfihvalt- v
tbe speeehoa .aflS5ayslw-ayjvrt,tof tUf
power of Congress to legislate oyer slavery
after endeavoring vaguely to decracef it frdtt
some clause or "other of , the constitution, the
principal reliance is at lat upon the authot
ity of the few instances of its exercise to be
found in the statute books. Authority and
precedent have weight, and ought to have
some weight in doubtful questions; but . I
trust' there are few to be found who are pre
pared to shut the .constitution, and to seek
in the practice of the government tbe foun
dation of its power; and more especially
when, as in this case, the early- legislative
i proceedings passed, as we have reason to be-
licvo, Without opjecuon or inquiry, aney
commeced by adopting the provisions o an
ordiance-of the old government to the ad
ministration of the new one and thus im
pliedly recognising the exclusion of slavery,
and seem to have gone on silently and un
questioned for years. I have not had time
to Jook back to ascertain the facts precisely;
but I believe it will be found that this pow
er has never been exercised where there was
a united sectio nal opposition to . it. Prece
dent may weigh much in the consideration
of a doubtful question, where the whole sub-I
ject has been maturely considered, and
many minds have been brought to - bear
upon its adjustment. But as the fbnnda-
tion of political power a practice thus intro
duced is of little value, particularly when it
comes to involve a grave question seriously af
fecting the Union. We turn then instinc
tively from what has been done .to what
ought to be dpue from the authority of
precedent to the authority of the constitu
tion. These are times which try such ques
tions. Who can wonder, that with the
views entertainedfif this subject by the
South, an appeal should be made to the com
mon charter of the country, or that a large
portion of our citizens should be satisfied
with no answer not derived from it? That
what has been- must continue to be, is a prin
ciple which has done more to perpetuate abu
ses than all the other causes which have
operated upon political institutions.
Those who advocate and those who op
pose the Wilmot Proviso occupy very dif
ferent positions. The former urge its adop
tion as a matter of expediency, in order to
exclude slavery from the newly acquired
territories, where it does not exist, where it
cannot be denied that this exclusion is as
morally certain without ifc as with it ; while
the latter all oppose this measure on the
ground of its unconstitutionality, and a large
portion of the Union on the ground also of
its interference with their rights and feelings.'
The contest to which this subject has given
rise has already been productive of the worst
consequences. or two years it has pre
vented all legislation over most important
regions, and has lett them without govern
ment, and in a state of social disorganiza
tion, to our own reproach and to the sur
prise of the world.
I do not believe there is another country
cn the face of the earth which would have
permitted such a state of things. And how
long is it to continue ? Is California to be
come a prey to intestine dissensions in the
absence of all law, or is it to be driven to
separate from us because we neglect to dis
charge one of our first duties a duty of
necessity that of organizing a government
for the people who inhabit it ? Those who
oppose the Wilmot Proviso on the ground
of its unconstitutionality can never surren
der their opinions and vote for it. Those who
have heretofore advocated its adoption may
well abandon it, convinced, a3 they must be,
that their object will be as well attained
without it as with it. It appears to me one
of the most barren questions that ever divi
ded a country; barren in useful results, but
fertile in difiiculties and dangers. I freely
confess that I look with, amazement upon
the zeal and pertinacity displayed in urging
this measure under these circumstances, and
augur from them the worst consequences.
These are my sentiments. They - will
give offence to many, and will expose me to
much obloquy. Bat I do not hesitate thus
openly to avow them; for every public man
who is not prepared to take a decided part
agreeably to his convictions, in times like
these, is not prepared to discharge one of the
first duties which belongs to his position. 'To
insure domestic tranquility," in the words
of the constitution, was one of the great
motives of the people of the United - States
in the organization of their present govern
ment Measures which may endanger that
tranquillity should be scrutinized with, great
caution, and never adopted but in the lass
necessity, and then with great reluctance.
X am, dear sir, with great regard, truly
yours. Lib Y .
Thomas Bitchje, Esq, .
t There iia Wail upon;the breeze " ' .
... Tbarwes'twar comes da wlentvwiqg ;
A requiem imourneth through the trees, v
Sad m the wind harp's p ive string. v
The busy mart awhile is c , -' ,
' The arm of labor sta s iu ft-uolce ' "
i And hearts with swelling memories .fill, - '
"That mourn the golden censor broke. ? "-' ,
L - - -. . -v u. , .
; Gone to hi$ resting place, ; the grave-r,--. .
- Gone'in the freshness of his fame, v t .
w- While glory's banners oer-him ."wave,v f".
' " And lsrare I'd trophies bind baa name.
'Proudly quini the field of strife, f - ;: "
- ' ' .And bidbi;tettl4cnes4ie '- :''
A sentry oh thetposti.ofKfe,.
Whose erve'ry pulse was tried and true T , ;.
. .' . .-I-, i; ' . "--'' '
Dust on bi$ marble" bosom lies, .
l The ierf eye iV.diiil MI cold; "V
.Butf.yefcn'U burning : thoughts 'flrls
; Like stars 'that ; gem night's ature fold. ; "i
Hiscouneels may. nqj; lose' their light, ' . v
. Nor fadet before the truuip "of Tin . " .
"! Bui glitter' as m meteor bright, u ' J C.,
We thawk ibe spirit ot the eiayi-
That lie&a ntouIderuW ruin now", '
For ev'ry thought' that shed a ftrjj , "
. . ja xiiicay s uiuuivm,kivh( .. :
The bowedf and bleeding" hosts of men,
. Who people Europe's i'oly soil . .
Have heard the glowing tonge peT
"And spring from out the Ty rant's coil.
When" thejlast Watingf jwilse grows faittt
. When earth is fading likes' a dream. ;
And Hope as some unspotted saint "
Stands by the verge of Death's" dark
stream. . .
Then may! the Christian Patriot feel,' t";
That life devoted to the cause, V T - : .
Of Justice. Truth, and Hnjoan Weal, "
Receives H own ujasought applause.' , t
Best from! thy labors, noble son f :
A natioja's trust of power to thee,c" !
Was wielded with an arm that won, : -:
A placef sublime in History. - .
Thy country feels the sacrifice '-. 5
Which thou upon its alter flung,.
Nor will its children lightly prize, ,
A gift fjrom deeft deyotjon ym.. '
The honored dead beside thee lie, :
t.H Heroic pien- whose forms arose)
2 Like pillars tow'ring to the sky,v, .
A terror to our country's foes.' -
These sleep beside thee, patriot, well, 1
Their fame unsullied by a stain v-
Like theer at duty's shrine they fell-
like thine, their deeds to us remain. .!
WTest Chester June 1749. -
Hr. Dallas's Eulogy onittr.
. :J l, .L.PoIlavJ . v7
Otr Monday, the IQXt Instant, George
Mr. Dallas delivered a Eulogiooo upon the
late President Polk. In literary view,
every tiling from the polished pea ol that
eminemt man is wor'.hy of careful reading',
while connected with such a man at Mr,
Polk it doubly commends itself to public
perusal. f
Having recently tried the patience of our
readers, in spreading before . them two ela
borate and indispensable documents wt
cannot further try ifbrbefance by publishing
the entire pridu:lion, thougb deserving, in
our estimation, of national circulation;, but
shall condense it sufficiently for a correct
understanding of the character of him it
honors:
James K. Polk is introduced as weleom
the Presidents office his successor, on
the 4ih of March, 1849, at the capital, and
then " he seemed to glide through extended
avenues of approving and applauding coun
trymen just fast enough to secure at. bis
dome an unostentations and tranquil grave.
It is around thai grave, fellow citizens, thai
I wish you to stand with me for a white
suffering me to recall him whom it, con
ceals, and to develop, summarily bot truth
fully, the causes .which link that tod of ;
earth with the fieedon, prosperity, glory
and gratitude of America, S. Carolinian, .
" The permanent fame of eminent men
rests undoubtedly in charge of the uniat-,
passioned tribunal of posterity. In ago
eminent like j ours especially where op-,
posite opinions and antagonistic measures
are ever in ardent conflict -eotemporary r
impartiality, though not wholly impossible, -cannot
reasonable be expected. .The tomb
itself is no certain sanctuary against the
rage of prejudice which hat not been eooih-
ed, or extinguished by lapse of time. I "
feel admonished then to beware of incau
tiously exciting the hot-breath vitopera-.
tion to seethe over the very turf you would
consecrate and cherish. And yet to short, -so
rapid, so signalized by extraordinary
civil achievements, ta devoted to the at
lainment of vast and salutary purpose by
noble means, so coospiciously characteriz
ed by intellectual and, mor-1 energy, so
eventful In national blessings and renown,
and so "blameless and unspotted in all the "
relations and intercourse of private life, was ,
the career of this patripf, that not to portray v
it faithfully, even with Ifief warm coloring
tf personal or 'political friendship, would ,
be unjust to the occasion, unjust to the Hr-; '
ing who are here, and unjust lo the now '
forever gone, j .r ---'4 'a ..-
Five years ago it may hive i been etteem ' f
ed almost natural and fair to inquire " Who
is James KnoJa ' PuUcfi bat now where if .
that corner of ;thd; earth so, obscure as to-.
need the question 'answered T Where if;
the imperial sneer! that! did not yield' 10
amazement, as he freely bandied the im
mense executive power pf.hls free country?'--
Were. are the saffermg masses, jnsensibhv
to the rescue of a dittait people from itaf- ; V
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