The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1848-09-06

PenFaa heaF % der new s..Fs-
Felgn: ihs' sprh acgGlsiii0n inFiies oBly ,
rhzEss II dnmlnloa and slleEisnre- ;
iIansfrE 81 iess-laiise sasherisy 80 e.
srulise ern'rols sad la II laEs rel Ne
rFssaElly iaconsislrni gheEewish. rennia -
inll forrr 0nii ths nrW sSsFTrign si.al
modify. Eifrr. ~ rhnsish item. Da lis
sahierl yslisl Inns expresses hinsslf:
III hanaaaTnasl rrssiaii.sa - 4s,esEinnss
IT, mannsH n Mhirh iae puiiis aushaFis ; lot.s
eKeeuaea y Nhss torms shs GansfifNlsaa ~ tks
Me- In fhls J. snsa he iasn n Akash lie -
go enaa. a. SIshiy q hsig Pehar. aoa and -
wh0m he tsssse aEr - - gaEeFned. AMI Ni1t
m1s de niskss - sialirs Il the Ioxemas." : Tie
laMs a1r Frsui sGsons esislslei = Esl,Air aulha-
III. q ~ essxE1ra IN saristy.~ Tie lAxs maar
.aisscfl, with xirw q he PzkEe sslfale ar -
Efnal Essss. sd n tits elass those shsl e0ncrrn
the boay iIzaL and tie beng e she sacisiy. sae
ism ~ garrmmeHt. The nmnDkE n Which thp
PIttc n1shsIIIy : . = exeEiel; dor - x0zI,
xhieh soseiheE form the csnSf.f,li allhe state,
arr he faaaaasafaf lsss. Tle csrl Issrs are
tho< Nlich Fesulasr he nights AM conduit u the
eslzens among themselves"
chiefJnsiire Marshall. 10 delivering the
opinion Of The c0uri. IN DE Ease 10 whieh
] have before referred. speaking Of The
ELECT produced BY The eessiOn 81 lruiiory,
SAYS:
sOn such transfer of territory Il has never hero
held that the relations OF the inl.aitsnis with rsrh
other undergo any change. TtssF relations With
the former sovereign are iissalsea. and ness Eela-
tons are CREATED briween them ans lie govern
ueEi which has Acquired their ieHigsy. The
sane aet which trlpsisrs their country transieEs
the allegiance Of those gh9 remain IN il, anj the
law Which may b. ,ielerHined glsiiticai Is Hsnst-
sarily esaagel although that Eaira regulates
the iniereouEss sEs EsErral eoI'iurl n individuals
remains in force Gsls altered BY tbs newly ere
aied power Of the State"
AMI again, in The sane opinion. he
says;
"Ithas been sireAly stated thai the laws which
were in force in Florida while province Of spain,
those excepted which were political in their cha
Eaeier. whieh concerned tie relations bsisctsa hs
psoBk and their sovereign. remained IN f,rcc un-
nj altered by the Government of tho United Stairs.
Congress recognizes this Prineiple by using the
words laws OF the Territory nov in force there
in.'" ..
Now, il is here manifest. thai Of the
laws Of a celed territory. none are lbroga-
ted BY The cession except IhpseRb ich are
called political. and that thnse only are
called political which concern The rela-
tons between the people aud their sose-
reign: that these are a necessarily chang.
ed" because inconsistent with the new
relations between the territory and lis new
sovereign; that The necessity Of the case
alone produces any change; ard that all
other laws, whether described as the
municipal laws. Tie irillaws, or The laws
" The rights ard conduit of The
citizens among themselves" remain in
'orce until altered by The new sovereign.
Now, sir, il is agreed by all the writers
on national law, by all judges who have
treated upon 'his eahies', that slavery
owes IFS existence To positive law, 10 nn-
nieiPsl iawi thar independently % fay au-
horizing it, i. does not exist anywhere;
rom which il necessarily follows that,
whether African slavery be expressly pro-
iibi,ed in these territories or not, il does
no, exist. unless by their law il be allow
I'd, which no one preiends. Whether il
shall be introduced, or it, EXCLUSION con-
Timed, depends, in my judgment. upon
The will Of Congress lfpoihing be done
~ Congress il remains excluded, and
heir power over the subject is complete
and perfect. II seems % me llal some
confusion has resulted in the views Of
gentlemen upon The subject, from The fac,
hat we heretofore have not made acquisl-
ions Of territory except with view to the
formation Of States; but we have just as
much power to acquire territory. and keep
i IN perpetual pupilage, as We have to
bring II into the Union as a State. Oar
right 10 acquire springs out Of the treaty
power and The war payer. and when we
inquire we ars % decide for ourselves v hal
hall be done with what has become ours
" cession or by conquest il we should
'biain that Ei DDrad1 Of some gentlemen.
he Island Of Cuba. won ID we he bound
Q admit il into the Union! By no means.
We should have right 10 keep il as q
errl'ory-a nrnvince-and regulate IL as
We please. And ii we deemed il best fr
he interest Of the United States, We might
Ighilully so keep il. even. to use an ex-
phrase, "to the last syllable Of
ecortled time" The constitutional re.
,Tictions were intended 10 prolec, US
.sinst our own Government; they were
Intended to regulate US among ourselves.
o define and distribute the pnwer< which
Exist between the United States and The
several States. and 10 secure 10 the States
md 70 the people powers not granted 10
he United States, There is moi an ar
icle which looks 10 the restraint of pow
'r. except as il is TO he exercised over us;
lot an article designed tp SHORTEN our
lands or diminish the aggregate of our
power IN acting externally upon foreign
erritory. therefore,. ] hold thai, among
hose subjects falling within The eonstilu-
ional power Of Congress, is the entire
equation of SUCH territory as we may
\.