Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-24

france. The thiru ~ The only article of
Tie treaty relating TO the subject briore
as. II consists of three parts first, 1.-The
inhabitants OF The coded territory shall be
incorporated into the Union of the U. s."
This provision was 10 be executed imme.
diaiely. II extended TO all the inhabitants,
/ wherever resident, and depended on no
contingency. Without IL they might
have continued aliens, and have been
trrateufh the iDhabftauts oil conquered
province. The obligation imposed by
! tins clause, MAS discharged by Congress,
| IN passing The ACT Of 1874, erecting Loul,
sfana INTO Two territories, aud providing
Tor The Temporary government, thereof
BY THIS act they were incorporated into
ihe Union, and The laws Of The u States
were extended to them they became
part OF the American family, sublec, 10
lis rules aud regulations, and bound to
obey lis authority. Their allegiance was
transferred from France to the u Siaics
they were obligated 10 support our con
s'itaiion and obey our laws they neces.
sarily acquired some rev privileges, amd
lost some formerly enjoyed: for example,
,hey LOST Tie privilege OF employing ships
In the slave trade-of buying iorclyt5
siaves-of punishing hrresy, aud IN short,
OF being governed by the coloriaI laws at
france and they acquired the pri, ilegc
OF being governed by the American Con
sress, on principles of freedom. These
consequences necessarily followed their
incorporation into the Union.
The second clause is contingent, and
requires That The inhabitants " shall be
admitted, as soon as possible, according
To The principles oil the federal consllu-
ton, TO the enjoyment of all the rights,
advantages, and immuniIies OF citizens
"a mi Int
Ter oil this clause Is inhabitants, not terri
tory. In all the cessions of territory pre-
viously acquired by Congress, a provision
had been inserted IN the compacts, "tilai
Tie territory should be formed into
state or states" These compacis had
Deen made by Congress, which had pow
er 10 admit new states into the Cnion-
Bui this ir'aly was made by The Pres-
dent and Senate. who had no such power
Ii was doubted by many whether, ac-
cording TO HE principles OF The federal
constitution, new states could be erected
IN This Territory; and II was uncertain
whether Tie existing states would so a.
MEAD the constitution as TO confer the
power. But II Congress had the power,
II Was uncertain hen, and on what cun>
dlilons they would think proper 10 eXer
else n: and, uuiIl the general welfare OF
OF Congress, require its exercise, ii Was
not possible for them 10 be admitted
Moreover. the rights, advantages, aud
ImmunltieS, 10 The enjoyment Of y liich
they are 10 be admitted, are those of ii
fiZens OF the United States. Tile power
oi holding slaves is no right, advantage,
or Immunity, arising from the II. States
citizenship. Whatever those rights are,
they must be uniform That is, United
ties citizenship confers the same
tights in New Hampshire as in Ken
lucky. II in Kentucky it gives The power
OF holding slaves, by virtue of il citizen
| ct the United States may hold slaves in
New Hampshire. The error is i'll con-
| founding the rights of United States al
| tlZenship with those arising under the
laws OF Kentucky. By the lsl,er an an
| thorlIy to hold slaves exists bv the
former i, does not. The rights OF United
States citizenship are founded on the
constitution they are paramount TO,
and cannot be taken away or affected by
state laws. But The right ni holding slaves
may he taken away by state laws; there
lore IT Is moi right of United States
citizenship, aud consequently was not
| guaranteed TO the inhabitants of this terri
tory by treaty.
The Inhabitants had no right to calcu
late ON power Of holding slaves. Nei
HER The principles of The constitution,
nor HE practice of The government, JUS
iihrd That exp" citation. Congress had
allowed slavery To exist in no territory
where It's allowance had not been made
by The Stale ceding u, an express eondi =
hon oil The cession. These inhabitants
could noireasouably expect greater rights
than we're enjoyed hy those Of The origi
| mi tPrrItnru nj Il,o Initial Gtata. IT..
were authorized 10 expect Tie privilppe
OF sell government, in lie same manner
as II had been grained TO them but
like hem, they were subject TO the de
termination OF Congress as TO time, man
ner, boundaries, aud every other csndl
ton. The third clause OF tie article pro-
Vldes, that the inhabitants, in tie mean
time, shall be maintained and protected
III the free enjoyment Of their liberty
property, aud The religion which they
profess. Without si0ppiHE 10 enquire
INT" the general slgnIiicalion OF The word
property, l take II Tor granted that IL does
not include ihc future generations OF men
who may be born ia the territory: and
The condition of those now held 10 ser,
vice viii not be changed by agreeing 10
The amendment. With This single re
mark, proceed To- observe, thai the free
enjoyment Of property cannot m can AN
absolute right TO use il without cOnirol
NOR, Thai The control shall be exercised III
the sane manner and degree that il haC
been under the former government. 4
this were It's meaning, and the treaty be
considered iu the nature Ul d charter NJ
rights 10 The inhabitants, they may at thi,
time rigbiiully carry on The slave trade
and do many other acts prohibited b,