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.' She- Cancflstcr fcftger, fc> PER ANNUM - SKET JN ADVANCE 3 .#aiuilg nail ^aiiiital ji.'tiuspupft ?Prautcfl to tlit Arts, ^titntts, titftalntt, cfboratinc, Agriculture, Sntrrnal Smpnumurnts, .fnrtign nnb Jnturstir A'ruin, nab tlir Jtlorkfts. VOLUME VIII. LANCASTER C. II., SOUTH CAROLINA, WEDNESDAY MORNING, OCT., U 1859. NUMBER 35. OF HON JAMES CHEBNUT, Jr. DELIVERED AT CAMDEN, S. C. {September L'Hth, 186V. GkntlkmAN : In respectful compliance witli your re quest, I come on litis occasion to speak to you of the condition, necessities, and future of tlio South. These are themes of great magnitude rind interest. To | compass them w.sciy.will require a larger experience and a sagaciry laddering more closely on prophecy than 1 have attained. ??.. i i i.,A ...i. r.,? ..... ?1M yuu llrtVW m-ril i?? *\r w* i%r? ??.j opinio(ib, fti.il 1 will proceed to announce j them. I will not speak to please, but, I trust, from the higher motive of common j interest, involved in the welfare of the State Differences of opinion, I know,) will exist among us, but, to whatever ex? tent they n.ay !>? developed, let them be I held in subjection to a fair and calm tie- 1 liberation, that wo may, in this grave con- [ juncture, place ourselves above the inHu ences of party and the warping vanities > of self?that we may review and master our prejudices, (if any we have) and yield [ them as a sacrificial offerings on the altar i of a common good. At all events, you ! are entitled to candor at my hands. I 1 will try to reflect the impressions made I on my own mind by the current of events ' and speak to you in the spirit of truth I and soberness. I confess thai I feel deep concern that 1 cannot perceive those bright tints with 1 which many gi'd the future of the South. I I do not believe that we are sailing on a I summer's sea, with not a ripple on the j waters, save that, which dashes from the ' prow, as we press onward with swelling j sails in the track of a safe and prosperous ' vovarre. I would ibat it were so: for. with glad beau and trumpet tongue, I wo i d sound the tidings. To my eyo the signs are not so cheering. Though wo j may be sitiing iu^* sunlight of it Iran I it i i moment, there are visible in the coin hinaLious around, the nm tents ot a colli :ng Rtorni ? h storm whoso raging power ifih\ prove sullhniit to crack every rib in tbe good old ship, to df?s|i it in pieces, i and diive til a ilifjfcta uniiilnii t>? exhibit ' new ulliniii'-s and assume new forms. At such a lime, ih<i prudent mariner will not dose li s eves nor ignore the danger ; he 1 will tie up and ready?struggling to avoid 1'. but if 11 111 un 1 come, to weather it if j tie can . lo 01 .eistand ifhrroctlv the condition 1 . lb and lis true significance, we uiii.s k nick to see what was done, by -I .11 oid with what result. To '.his end \ 11 will beai with me while I touch 011 topics so well known and into to most ot you. I to- lingeitng struggle which le^t the ."s'n'e independent, left thorn also weak. 11 lid, it. some measure, du* piled by the gie i ei poucis 0! the world. 1 deign ro lata its, political and commercial, as well as the internal intercourse between the > i!??s liMiMitttf mi ruit^uii.tf mi tlis'ii t uroa as tit compel lltt' union. I In- object of the union being obvious, t'.i* t?TniH Htul limitations of the bund w? to specific Htid [.lain. All rested firmly hi the basis of equality. The power and respeiMHbility of the whole being thus in rieitsod?tin- parts secured against exter it 11 ilaii^t 11, internal collisions and fetter iisurpMiion they have at length, in tii. ii I*rdetnl capacity, assumed a high |io?itii>n among the first class powers o! ilie ear: it. * I ' ? b 'tii.?)lfs? resources, the iinmeasu rable capacity, tiiat vast lies a of extent which comprises the icy regions of Maine and the gold hills of California ; in short, the grandeur of the Federal Ttepuhlic has ceased, from the acknowledged tiuth of it, to he a mere theme of silly declanta lion oil I lie lips of vainglorious people.? All this is true, and it is also true that it is one of the remits of the union. The South is not insensible to it. We have been eloquently told that, let the future firing what it may, our record in the past of our country's history is secure. The contemplation of the picture of its power jiml prosperity ; however grand in proportion and 'rich in colouring, can bring jio shame, no regret to Any southern man. it is the voucher in part of his own inte1 , ligence,N patriotism and success. He may regret; however, indeed lie must regret, that a fabric so great?a goverrnent so adequate to its ends must fall beneath a blind rage for pelf and power, or by the sapping and mining process of ignoble faction, stimulated by foreign policy. It is a an old trick of cunning politi nans to impute to the South an early and deep disaffection?aa if to a constitutional Union ; and to impart to its noblest struggles against usurpations and injus lice, the Uu^ol treason. History proves themNlike nntrue. It will prove that, while the South contributed much to the formation of the Union, it has sacrificed no leas to its preservation. It will show contributions and sacrifices as manifest munificence and datetion?but width in the end may prove the moat calamitous weakness. While the pressure from without forced tl.*. a.... ? . ? .< ? ? ? mo umi" iu nimiinn iiic ej?rrillll appear* ! ance of a firm and enduring unit*, they were not harmonious within. In the (Jon- ! grew of the confederation deputes and jealousies were manifested " between the l northern and southern colonies, nut it in worthy of remark that that* dispute*; arose from the dreado.1 accmoulation of power by some of the Southern States? , and not so much from any ill ftelii g on the subject <>f slavery. We have no rea on to tteliove 'hat the spirit of sickly sen timentalism in regard to the bondage of ! the African in ibis country, had aoy per ceptible influence during the anli rendur nonary, me tovoiuiionry period, and <lur? | ing that pfri?Ki in which the constitution i whs injieri on the statesmen of the north ? em States. This sentiments i?in, at tli.it i time, found a more genial soil ?ti Vuginia { tlian in the rugged regions of New Kngi Innd The thrifty men of New Kngland s in those early epochs of our political his ' tory. had learned the value of commerce ( even in slaves, of the fisheries, of the car i r?; i .1 . vuiu uunmron n??t-i^u <\ihi ? K 'llll'Sl IU, HI 1 trade generally, of the revenues of govern c merits, as sources of wealth, and fixed 1 their views, and regulated their actions, more hv a consideration of those subjects j' in ail their dealings with their eontede | rates. Slavery had too recently been j quite universal in the colonies, and the j t steps taken for its abolition in some of t them were too universally known to have ( originated in a mere consideration of in- \ terest, to allow the unsyeclulative multi 1 t tudo to have any fantastic notions on the t subject. It was later when these notions 1 were laken up?when the question of I slavery because more clearly involved in I the same question of power. Hence we t find that one of the earlies". and most i in - , i portant sources of trouble arose from con | i sidcration of the "hark lands," as they i were called?the unsettled lands of the West. Some of these States possessed no : such lands?others very little, while a I third class was verv riehlv indowol in *i this respect. Among lliese, Virginia was i chief, with (it "trgia ami the two Carolina.-*, i It was insisted ilia*, the boundaries of such < States should he restricted ; that the "hack : lands" should be surrendered to the I'ni- f teii States, as property in common ; and I that the money arising from the sate of | them should he held ?s a common fund , t to l>e applied to the debts of all alike.? < The demand rested on various reasons, i but the cession became necessary to ap- < pease the jealousv, to quiet the distract- i ing clamour, "to dispose of tin- disturbing ' < e'emenls of the times," which clearly put i the Federal In ion in jeopardy. The pro * prietarv States yielded. Virginia in 178 1 ! endowed the I idled Slates with that vast t ami fertile region north-west of the <?hio I lover. In 1 7H7 South Carolina, ceded her claims, and after the adoption of the present constitution, North Carolina and Ceorgia followed the example. Virginia by her cession not only tilled the common cotlers witii much needed treasure, but added to the power of the North five live soil >t ?t?-s ? that grand tier of lake States which hand like storm clouds on the bor der, instead ol bright harbingers of inutu- i a! te-u ti -eiiee, ami enduring peace. Tennessee, Mississippi and Alabama rt> i suited tioni the cession by the other three S'.a'es It is true that New York, Mas sachusetts. and Connecticut did also exe 1 on I o ?lee?ls ol cession, Out, the return in money, it any, was comparatively small, i w hile Connecticut ceded only hoi juriulici tio:. .! cl din to "the western reserve," and ro'.aiucd her interest in the soil. The ai mount of money received hy the I .'nitcd ' States from the sale of the lands ceded by tlit southern States, lias been esliinat led at nearly *150.000.000. Thus it ! will appear that the South from a devo ; lion to a federal union in the beginning, and disregarding all selfish purposes, whether of interest or ambition, gave to | the other States not only the means to grow tic 11 on our ruin, hut also the power to destroy our peace. After some thirty years the Union was again deliberately put in jeopardv hy a combination of motives, and the Somli again required to save it at no small sac rilice. I low the South responded the *e ! quel w ill show. The Constitution having been adopted, ! and the new Union formed ; the United States started afresh, on a career of un paralleled success. Necessary and sue i j ce^sful wars were waged, and new Torri ! J tories acquired. Hy treaty with France : | in 1803, they acquired the Colony or ' Province of Lousiana, stretching in ono | direction irom the uuu to the Incinc | Ocean. The third article of (hi* treaty I expressly stipulates that the inhabitants i shall We protected in the free enjoyment j of their property. It will be remembered that, at the time of the treaty, slaves weio property in this Province ; and slavery was recognized and protected,everywhere in the Territory, by the local law. Thus matters stood : the Government perfor ming its duty, and going on well, until 1810, when Florida, another Colony,' which recognized and protected slavery hy ; tho local law, was acquirred. This pre I senled a dilemma ; two Territories, one <<f j immense extent, with slavery in them, rc | cognized and protected by the local law ; ; up to that time, the two sections had pre served, in the number of States, an almost perfect equilibrium, and so far, no distinc tioD bad been made in the admission of , slave-holding and non-slave holdind States. They had come in jtari pusau. Put immediately, in the state of affairs presented, I the old jealousy of increased power to the I South was aroused : for, as yet the controlling doctrine of cliinato had not heen discovered. The inhabitants of two Tcri ritories presented their petitions, to t>e siI lowed to form separate States, and be admitted into the Union. One was Maine, carved out >f the Territory of Massacbu- 1 i aetts : the other, Missouri, from the Louaiana purchase. These applications ware I made, in the aame month, (December, J I 1810,) and they were alike entitled to ad- ; i misaion. They weio allowed to form their ; Siat?? CuAatiUitionOu? admitted slit j i very within )la Tenitory ; the other not, i Maine, the free-aeil State, was favorably l iVilli a wl uilmiMi.il il.i ivwxi.TWM HUIIIIU'IJ IIHU lilt? UIIIUII III I 1 H*20. without opposition from North or | S. 'ith. not *o with Missouri ; in i Anticipation of her Application, And pen I ding iU discussion, rcmonrtrencos from ( nnti slftTery Conventions, And petition* i < V rom citizens of northern States, poured nto Congress, against the admission of inv more slave holding Stales, and pray ng the prohihitHtion of slavery in new 5;ate? and I eiritorn-s. The local law in Louisiana, carried and mstained slavery all over the Territory, i I'lie Government, hv treaty, and l>y the Jonstitution of tlie country, was bound o pre tect slaves there as property. Jim. f litis doctrine should be acted <>11 in (lie 'use of Missouri, then, ail the Slates which night thereafter he formed out of the I'errilory, could claim the same tight.? j This would never do: it would forever baco the pre {ton defence ot power in the South, and, with it the control of the , rovernnicnt. It must, therefore, bo resis,ed. What, though the treaty and the Constitution stood in the way ? They were as nothing?mere parchment bar iers?moral impediments, away with hem, or they will he trampled in the dust ?and so they were. Now began that ierce and distracting contest, which has asted nearly forty years, bids fair to con- 1 inue while the Union lasts, if there shall )C Territories to people, and lias wrought j * thorough alienation between the sec- I ions. The unusual condition coupled with the ict authorizing the people of Missouri to drill a State Government, together with 1 he derogatory and unconstitutional joint I esolution which followed, aroused the ight spit it for a high struggle. On the ire side was a resolute and calculating iholilionism, whose philanthropy was iharpened bv tbe perspective, in which it bresaw, in its triumphs, the wealth and power and honor that would flow from ! he operations of ? Government, whose [ control would be thus secured to its sec i ion, while the Union existed. The lust j if pow?*r stimulated h\ the ardour of fa- j atticism boldly put the Union in jeonar* lv rather than recede from an unjust ami , mconstitutional purpose. On the oilier | tide was it fiery indignation, tvitii high re* i solve, combatting for rights secured bv JoiiBtitution ami treaty, ami, against llie oss of equality, with degrading stigma. In tlie midst of audi a contest llie svren >ong of peace, of common glories past uitl present, ami future Impes that loin r ! in compromise, swelled high above tlie 1 noise of strife. The South yielded, and jffered up the expected sacrifice to the I uifutv of the Union. It was an ignoble tacrifice. To propitiate a grim idol, we gave the incense of a broken constitution snd prostrate power. Itv the result of the controversy the slaveholder was forbidden to go, with his ' property, north of the line established, | while the non slave holder was permitted to go on either side; and, to soften the j disgrace, the arrangement was called a i compromise. This was the first great 1 triumph of the foes of the constitution I and the equality of the States. The South i having the power to prevent, but weakly ' yielding, must bear its full share of j Maine. Again the country took a new impartlire, and, for a while, all seemed to move siifhothly on. The philosophy of Wilbcr force had been seized bv the wild zealots of the French Revolution, and baptized and nurtured in blood. It presented itself in America, as the spirit of demolition.? lly repeated concession we had strengthened its power, and, by* continued acquiescence, invited aggression. Soon it turn ed upon ns in every quarter; ami, our domestic alVairs became an offence to its mini i* ? V . ... lint tor ll??* admission of Florida, and the annexation of Texas, we would soon have fallen beneath i:s intermeddling zeal. These were obtained through the aid of wise ar.d patriotic men of the detnociatie part) ot the North, and, while the admission of them benefitted nil, it eria bled the South to protect itself iri the Senate. The subsequent admission of Iowa, Wisconsin, Minnesota and Oregon, destroyed the balance?the North has now eighteen States, the South filteen ? and, if the non slave holding States choose to combine against as, we are left in both branches of the Federal Legislature powerless for self defeuee. Nor can the South expect to attain any more comparative power by acquisition from the Territories now belonging to the United States. There are eight of these, containing over a million and a half of square miles?enough to make ten States. ',/ui oi me*o mere arw only t wo possible to t!io Souili ? New Mexico and Arazona. T!ie Territory went of Arkansas, and con tiguoos to it, now inhabited by the Cherokee, Chickasaw and Choctaw Indiana, 1 who have made much progress in civili- 1 zation, and have a government well ordered and administered, and who aro al so a alavediolding people, will, in a few rears, be fitted for admission into the Union. If then the South should obtain these three, there will be tweDty-aix to eighteen. Hut, if the Oovernment-con tinues in its accustomed career, it is very probable thnt Sonera and I-owor California will be acquired. These last aro well adapted to the institution of African slavery : and, unless the Government should ! intervene, or the doctrine of Squatter Sovoreignty, as it ia called, should prevail, I they too, in the end, may be added to the Boutb. In that event, and in the most favorable view, the South would have twenty, and the North twenty-six. Is it probable that thenon slave holding States will combine aoainst us. and if to, what wili l>e the isauee ? I have here* toforn indulged the belief that the differsnce of climate, soil, industrial pursuits, production* and character of ^tbor, which marked the two taction*, pare great value ;o their connection ; that theao important iitference* constituted, in fact, a coinciJcoce of intoreat, and that the hostility i growing out of ignoran:e nursed by ft sickly sentimentality, and blown into h full bia/.e by a furious anJ false philanthropy, would consume itsdf, hiiu leave reason free to point out anJ establish our true reiatioi s. Hut. thai belief has wan etl. The purely sectional party which has embodied itself in thenorthem States, increases every year, and grows more ami more bitter and relentl<$s. In the last I'residential election it swayed a lar^e majority of those States, and now, with recruited ranks, and liiglnraised hopes, plants itseif in the path of the country's ttrrtiTriict Mi u 1 !*??- ??? It'. '? 4 U??t rcV<Sgl|IMUH, UUl the right to rule. If (bis parly bo not I overthrown i?y sumo signal and crushing blow, in h few years, it will prhbablv ah sorb the entire political po*er of the free soil States ; anil by consequence, tbe political power of the Unkti. Wbeuever it can coininaml the undivided patronage ami distribution of tbe public money, by seizing on the Kxecutivc as well as the le gislative branch of tin Government ; it can, and in inv judgmint will combine those States against tis. In such event, what have we to expect ? We must have "the irrepressible conflict" wa^ed in hot earnest. The author of that destroying flat, never dreamed, in his wildest rev erv. that "the wheat fields, and rye fields of Massachusetts and New York, must again be surrendered by their armors to slave culture, and to the production of slaves, Jcc." Oh, no ! that wis brutcm I f'ulmrn ? the announcement w*s only to j give antithesis to the other branch of the < proposition, "that the cotton and rice I fields of South Carolina, and the sugar plantations of Louisiana, will tltiinntely be tiiled by free labor. Puerile and absurd as such declarations i are, thev nevertheless show the purpose ?a purpose which, happily, thither the | general in chief of demolition, n?r iiis "Pitch* clouds Of locusts warping on tliceastern wind," nor any other earthly power, ran itself accomplish. It done at all, it w'll bo done through the recreancy ami vacillation of the Si>utl>. Hut. still, it'.his combination 's clVected. wo must linro this conflict, which threatens to ho irrepressi! io indeed. What then will ho the. jrogiauime of action ? First, the Judiciary hum be re modelled, which, I suppose, means that, as the able and impartial nun who now grace the Supreme Cout cannot well be ejected, they must he overwhelmed by an influx of new Judges, to be appointed by a sectional President, w\,b opinions and purposes coincident with the ruling party ? an old device of despotism. Still, it must be done : for, tyrainy will have no check on its edicts?no barrier between its wrath and victim. The Judiciary, thus arranged, leaves the way unobstructed to the ends in view. Nex will come the abolition of slavery in tin )>istrict of Columbia?-in the forts, nrsonnls, dock-yards ik<\, belonging to the I nited States.? Then, (he suppression d the trade in I slaves between the States Hut, still t'ui ther, irresponsible power vill amuse itself with stranger freaks and extravagant va| garios, no matter how w id, irrational or destructive. Here in nnolier issue it will offer you, one which is st led the "living issue" of the present?tin anus1, practi! cal i>sue of our day and generation, which ! is, until it is settled, to over ride all issues | in this country. Now, what i> it ? I will thank :ny friend to read t. "Hut if, on the other silo of the chant* ' her they are determined i shall come up, and shall out vote at, I ait, for one, ready ; to meet the question, to ueet it now, and I join in making up the iesie "We will join the issue however, upon the jiviini issue of the pr?.*eiil ; the actual, practical issue of our day and generation, | which is, until settled, to <vor ride all oth ! er issues in this eountrv; ind which tends to the solution of the two great quesliens ! on the American continew. worthy of the consideration of American statesmen; one is the solution of the mglo American question, the other the olutiom of the Alrica American question In the boIhtion ot these great questntis the men of our own race, from the gmporate zones of the old world, ininglin; w ith us, and being Americanized, w ill iold,m the end, exclusive possession of the.cooperate zones of the new ; while the deieudants of the man of the tropics of the >!d world now among us will find their homes in the tropics of the new ; am, >ir. they will not go-there ax slaves, l>u as freemen, to live among freemen, ?litre colour is no degradation. "They will go, under oir instrumentalitV, not to overturn the Governments to which they emigrate, hut to aid in developing the most productive regions of the whole earth. "This question is prossiig upon us now. You cannot postpone i lone, if you would. It is in the progress of events, and it must come on ; anc for one I say, let its discussion come on.* Here is the /inale of lbs grand "irrepressible conflict"?a clrsn sweep of "Quash ie," and his whole family down to the torrid zone ! If this visionary scheme were a mere prophecy rf what might take place in future ages, under the inscrutable and all-wise 1'roridence, it were idle to gainsay or notice it. Put such an interpretation would leave the passage without meaning ; for it is asserted that the question ia preaainr/ upon va now, in me living, actual, practice issue ot tnta day rind 'jrneration, <tc. Those who are fond of deep colouring can here behold, in dark perspective, the anblime reality of Black Republic* clustering in the tropica. Like clouds of night, they loom and bu ry again in Cimmerian darkness, a race once useful to civilisation and happy beneath the white man's care. When will the phanlicies of poor dreaming man, vanish beneath the touch ot instructed , reason. When will vain man be idstruc- j ted by nature's law, and be content with i the wisdom of (iod's decree ? l!ut at whose cost is this mischievous j i folly '.o be repeated ? That's for vou to I . " - .u..m v... ^ nnuf;u mm nil viiis may neein, ! it is the utterance of a Senator of iiitel- I lectual ability, of gentle manners, but untlincliing purpose, one who would be as ! 1 lit a successor to the distinguished Sena- | tor from New York, as any in the repub- i i lican ranks. If this party, chieftained as i it is, should be permitted to hold tho i i reins of government, such will be "the ' bill of faro" of that feast to which you i 1 will be invited. (Jo to it wiih what ap- | ' petite you may, for myself I would none of it. i | It will be observed that my remarks i have been confined to those troubles which t I spring from two sources?the lust of pow- ! or and the phrensy of abolitionism. I 1 i am not insensible to evils which threaten I from other sources. I From my short experience, I fear that ' too many have been brought to believe i that the constitution itself is too contract < ed, that it ought to he, if it is not, obso [ lete, and that the widening operations and }< necessities of the country, have so far out j i grown its provisions, as to make it almost ' i as absurd to keep strictly within its limits I i as it would be to attempt to force the full grow n man into the garments of his boy hoed. This is a heresy full of dire evils. It cannot he met in this general form, hut only in the details of its development. i \Ve are permitted therefore to postpone j tho consideration of it now, to meet the , great, overwhelming and present necessi tv. i i - i - < i imvc Miit'iiMHvu 10 snow you the con1 ditinn of the South ; that tliere aro troubles great ami iiuiuinent, tliat the South has coiitiibuteil to bring them about, that [ 1 for self defence, we are powerless in the Senate, powerless in the House of lleprei sontatives, an.I if the Republican party i succeeds in the contest of 1 SCO, or afterj ward*, we shall he worse than powerless in the executive department. We may now proceed to a considcra ' tion of the necessities of the South. I The present indications are, that the South is girding on its armour for the I contest in 1300 ; that there is counselling j among its members, as to the plan of bat | lie ; and that it intends to tight with a rugged energy that will allow no defeat. 1 trust it will sanction no other principles than those of the Constitu'ion, which are broad enough to embrace every true man in the Republic ; in fact, let the battle be for the Constitution, and against the en- j emics of 'he Constitution, and not merely ' for the election of a President. In my opinion, the election of a President will he of little or no avail, unless it bring with it a sentiment that will replace the Constitution (irmly on its basis, and thus 1 establish the cjuality of the States and the rights of both sections alike ; other , W'ise the battle will recur will. ,,r.>,i<or - * ? * fe,v,,fcv' ' odds against us. in sncli a contest I will heartily join with those in whose fate I j am bound, however little 1 may expect j from the result. In my judgment, the first great iinper , alive necessity of the South, ut this junc- , ture, is union among those who compose it, and the second an assiduous develop; ment of its material resources, with or, gatiizalion of material power. To effect t this union in the South I would postpone all ipie9lious of mere policy that may i stand in the way. The South is hound together in a common fate, (t ought not to separate, indeed it cannot separate w ith any reasonable prospect of present or future success. If we cannot, with ad the motives which now press on us, unite in the I Union, how can we expect to unite out j of it, if driven to that extremity f We ; must learn to unite in the Union, and then wo will bo safe in any contingency. Those who are strong, must hear with the infirmities of the weak, whether of ! hot haste, tardy action or over cautious I counsel Do thin and all will he right.? To effect this, the South must counsel to? , gelher with candour, courtesy and toleration. No one has the right, among equals, to presume that he is altogether right, and others altogether wrong. Such presumption is harsh and offensive, and can etui oniy m disaster, i caution my countrymen against the indulgence of any such temper. I am persuaded there are no fundatnen- j tal difference* which ought to divide the slaveliohling States. They have equal intelligence, patriotism and spirit. ITaving common interests, they ought ] ; to have common purpose*. I know they have been divideJ, in some measure, l?y ' recent issues in the Democratic party.? They ought to he especially wary at such a time, how they allow themselves to be tempted, like boys, to display their agility by catching at every apple of discord which the adversary may throw among tiiem. They should accept no iasues which are cunningly devised only to distract.? Of such a character is the pretended issue j of a slave code by Congress for the terri, torie*. When did the South ever ask for such a code? We do not want it. It is 1 the last thing that ahould be asked of Congress. If tendered, we would accept the gift of no such Trojan horse. The nrooosition to re-nnen the Afriesn slave t de lias not yet attained strength enough to divide the South. I regret, however, to see it introduced. With great deference to the distinguished gentlemen who urge it, it seems to me an another Pandora'H box, without even hope at the bottom. As a measure of public policy,it is altogether impracticable at thin - ? *+ time. The State gave the power to Congress to prohibit it; Congress has done so. Until the obligation is cancelled, South Carolina will not put in the pleaol turn est factum to her own bond. It' urg ed as a political issue in the South, it will divide the State Rights party from tl.e Sabine to the Potomac?from the AllanLie to the Mississippi. It becomes our wisdom, therefore, in the present condition of affairs, to let it sleep. The territorial question Las recently as mined a shape so imposing on the public mind, that I am not permitted to pass it in silence. I At II. .1 -V ..U ?vuvu WII i'"" Vlirvi| > Ol lilt' ?]Uts liou am! afterwards regard it practically, l'liere are two views of it, even in the I teinocratic party,almost diametrically opposite, but not supported by equal weight if reason and authority. One view is, that the Territory belongs to the United >tates, and the absolute soverignty ovei t is in them ; that it was acquired for the benefit of the people of the several States , that the Fedora! Government Ziolds it as Trustee for their common use, uutil it iball properly be associated with the oth sr States as a co equal member of the Union ; and, that Congress has the exclusive right to provide for its government ; that the power of Congress to legislate for it under the Constitution is exclusive ; that the machinery of Govern ment to he employed for the protection of persons and property of those who may ho authorized to take up their abode in the Territory, is at the discretion of Con' gress, and, for that purpose Congress may legislate directly, if it choose, and appoint its own ollicers to carry such legislation into effect : or may, if such bo the host mode, erect a Territorial Government there, and confer on the inhabitants power to choose the members of a Legislature, which is to act as an agent, created and appointed by Congress, to pass laws necessary and proper, subject to the supervi siou of Congress ; that the power of Con gress over the person and property of a citizen in the Territory is not discretion ary, but "the Territory being a part of the United Slates, tlie Government and tin citizens both entar it tinder authority ? the. Constitution, with their respectiw rights defined and marked out ; and llu Federal Government can exercise no power over liis person and property beyond what that instrument confers, nor lawful ly deny any right which it has reserved;' that the Constitution denies the right t( Congress to deprive any citizen of tin United States of his property w ithout dui process of law, and 110 act which deprive a citizen of his property merely becaiisi lie takes it with him to any particula Territory belonging to the United State ?can he dignified with the name of" dm process of law that if Congress itsel cannot do this, it cannot autlitrize a Ter ritorial Government to ao it. nor can tin Territorial Legislature itself do so, for ii such case, it would be above the State! ?above Congress?and above the Con stitutlon ; that "the right of property in : slave, is distinctly and expressly afhrmei in the Constitution that the only powe conferred on Congress over the subject o slavery, is "the power coupled with tin duty of guarding and protecting the own er in his rights that every citizen of lli United States has the samo right to car rv, hold, and enjoy in the cammon Terri lory, every species of propety which inn; be recognized as property in any one c the United States ; that "whatever th political department of the Governnien shall recoginzo as within the limits of th United States, the Judicial department i also bound to recognise, and to ad mini." ter in it the laws of the L nite?l States, s far as they apply, and to maintain in lh Territory, the authority and rights of th Government, and also tin jtcrsonal riyht and riyht* of projxsty of individual cit zens as secured by the Constitution." This brief extract indicates my vie^ ' of the theory of the question?a viei which I believe is supported not only b reason, but the highest authority of court! commentators, and statesmen. We will now enter on a brief examins lion of the views of those of the ]>eim cratic party, who we believe have depari ! ed from the faith. We will discuss th points of differences as they arise. The sovereignty of the United State 1 over the Territory is not denied plainl in words, but for the success of the argi | inent on the other side, it must be evade< To escape the denial, and at the sam time to invest the inhabitants of a Terr ; tory with the absolute rijht to exercis high am! unquestioned attributes of so' ereignty, it becomes necessary to applynew term. It is affirmed, therefore, tin they possess the inherent right of sel government, because they are jwlitiri communities. This term, therefore, pressed into service and made to answr all tho ends. It is in truth, howeve only varying the phrase to describe tli same condition. The ouly just political significance < 1 ))olitical community is body politic, whicl in the political sense, is nothing less ilia a State?a nation in which sovere:gnt resides. Now by what process have thes ' inhabitants adfced at the dignity of political community ! Did they go inl the territory and conquer it,and set then selves up as a distinct people?a politic community ? Or, did they, going lliei under the authority of the United SlAta rebel, and, by succe.ssful revolution, di pose the existing sovereignty and eatal | lish their own ? Surely by neither. Ho then, can theao comparatively few iulial itanta be said to have attained the inlu rent right of aelf government, within th jurisdiction, under the government an control, and within the territory of a so* ereiguty already acknowledged, whos land tbev occupy only by permission I i ; Tbo only sense in which community can be logically inado to sustain such a state : of things, is that which asserts tho right of all men, by the law of nature, to api proprialo all things?a view which ignores civilization and all human law, gov* ernments and constitutions. I The general proposition, that Congress, i having no other power over the subject ! of slavery than a power coupled with ! the duty of protection, cannot confer higher powers than it possesses on a territorial Legislature, is pronounced to be ! "as plausible as it is fallacious. Jiut that t lin. Ic ( ...v .vf viou uuc <?o u yi ittrui ruic. Now, it was expected that the claim of j power for Congress to confer on the territorial Legislature, powers other aod greater than it possessed itself would be proven 1 as coming under the general rule, or un1 der some rule. This has not been done, i bat other propositions are affirmed, by no means inconsistent with the Sirst. It is | affirmed "that every power conferred on Congress by the constitution must bo executed by Congress in th< mode prescribed | in the constitution," and "that Congress cannot delegate any power that it does j possess." Let us examine these a moment. It is perfectly true that Congress must exi ercise every power in the mode prescribed. I Hut suppose there are grants of power i with no mode of exercise prescribed.? j IIow then? Are such powers not to be j exercised at all! If this be true, then i many of the most important powers granI ted to Congress must lie dormant forever. I Let us take some of the powers which ! have been enumerated in support of this view. Congress shall have power to coin j money, <fco., ?to. To raise and support armies, ifcc. I To orovide and maintain a ?,???> i . ; 'Now, there is bo mode prescribed for ! the exercise of these import nut powers ' and it i? evident they cannot execute j themselves. What then is to he done ? i ' Are they to lie donna tit ? No, yet it is ' manifest that Congress cannot exerciso : them without the employment of interi i mediate agencies. Congress will not be f expected to divide itself into committees j for the put pose of coining money, one to > j assay the gold ; another mix the alloy, another to roll the hors, a fourth to stamp, I ' <ke. All I his would be absurd. What i then ? Under the power to make all ' I laws necessary and proper to carry into i j effect the powers expressly granted, it will a t pass laws creating proper agencies to ex> a I ercise the pow er of coining money under s j the supervision and control of Congress. b ' Hut can any rational being contend that r because it has the power to create and s appoint agencies to carry into full effect e I the exercise of a granted power, which it f I cannot itself conveniently exercise, that , therefore, it can confer upon such agena j cies greater power than it possesses?? 1 j Surely not. And, how does this difter in ? I principle from tlio case in which Congress 1 cieates and appoints territorial governi nicnls to exercise the functions which it 1 | cannot conveniently do ? Not at all.? r The power of Congress to govern ; to f | legislate for, and create territorial governt meats, to givo full effect to the power granted to that end, is derived from the o j very same source. Then, whence is do . ?.viv? iii? i.p.u >u vucso greater i 1 powers ? It must be manifest that the y affirmation of the duty of Congress "to f! exercise all its powers in the mode pree scribed in the Constiution," and the det I nial of right in Congress "to delegate e ! any jmi'ir it dens possess," do in no mans 1 nei prove that Congress can confer powi ; ers which it <Iocs not jtosscss, on a Terri* 0 torial Legislature. e , The claim then, for this power, must e rest on some other foot of reason. What *, is it ? We are referred to '.lie cases in ( which Congress may establish tribunals and local governments; and invest them h with powers it does not possess and cant a not oxerise under the Constitution. For y ' instance, Congress may establish Courts ?, ; inferior to the Supreme Court, and conf?r ' upon them 'he pow er to hear and deter1 mine eases, and render judgements affect > inc the life, liberty and property of the l? citizen, without itself having tlie power to e ! hoar and deteimicc such cases, under judgment, or revise and annul the same, ^ . <fec. As for the matter of local Legistsy I tures, wo have already explained that.? i i Hut, is it possiblo that the distinguished J. ' author of this annunciation could have o forgotten that the power of Congress to i- ! establish and confer on Courts power to e | hear and determine causes, &c., which it r- | coulJ not do itself, is derived expressly a , from the Constitution. Or, tnore proper \t ly ; thai while Congress has the right to f | establish such inferior Courts, the Consti' il tution itself invests them with the powers is and functions of the Judicial Tribunals, r ' Besides, from the very nature and frame r, work of the Government, Congress, of e course, is denied the exercise of Executive and Judicial functions. Now, to make >f the cases of a Territorial Legislature and i, Judicial tribunals analogous, it roust he u shown that Congress cannot exercise Legv islative powers, and that the right to confer power beyond what it possesses itself, a . on the Territorial Legislature is expressly lo given in the Constitution?which cannot r~ j? - UU UUIIU. nl What then, is the character of a Terrire torial Government f It is an agent, cres, ated by Congress. It derives its being e- from the organic act of Congress, which t>. ' act is its charter?its Constitution. It w has no power beyond it. It can have and > exercise only such as Congress confers, ? and Congress can confer on it no higher s powers than the Constitution permits.? d To maintain the claim of extra Constitu' tional power for a Territorial Legislature, e its advocates are drawn to tho doctrine of