Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-07-01

Territories Of colonial vassaage in no degree more
free than the old States before the Declaration Of Inde
pendence. We have heard great deal extending the area
Of freedom buff the acquisitions permanently to be
held colonies il will only be enlargng the circle Of des
posm.
But apart from the injustice and hardship TO the colonies
what effect would colonial establishment have upon the
Union and the States composing Ours is beautiful and
nicely adjusted system power wisely distributed that the
repositories Of operate to check and restrain each other
On the one hand the States endowed with all the pr-
mary powers Of sovereignty and charged with a the duties
of local AID domestic government; on the other is the
General Government clothed with power to restrain dam
gerous rivalry among the States and tranquility, aod
charged with the defence and general welfare Ii al
State overlap the boundary there stands the General Goy-
eminent to apply the corrective with power reduce the
bilious to ITS proper position and if the General Govern
ment disposed to assume not granted there strong
and powerful States ready and with the restrain it,
Our safety consists preserving the balance Any great
cumuaon OF power in the hands of either would impair and
ultimately be destructive of the privileges Of the other Ii colo
MES be held at all they must be by the General Govern
merit and who estimate the power which they would
mpar Her colonies the chief element Of British power
They the richest jewel in Queen Vcoras dadem They
employ her manufacturers and artisans sustain her navy
build and freight her ships and annually pour into the lap OF
England the surplus wealth of the world And such would
be the with The energy and adventurous spirit Of
people, if unfortunately adopt colonial policy
viii extend the earth. The world will be circed with
settlements and the wonderful but dangerous in
Of wealth and power which have marked the Of
the British colonial system will be attained by Vast
pres will sway, and become tributary power
And all this too, is to be controlled by this Government Sir
it wise to try the experiment Your would be i'm
measurab increased your army and navy be enlarged
meet the demands Of this gigantic system and the Executive
patronage would be without limit. And with all these mighty
elements Of power within its possession think you that this
Government would content itself within the limited sphere
prescribed for it No, sir would overlap all bounds, and
its discretion would soon become the sole limit of its authority
State privileges would be violated and State power
come mockey The direct tendency Of such policy to
consolidation And with such consequences in vew can
be supposed that designed that this power hold
colonies should be impaired TO this Government think not
Such, Mr.. Chairman the reasons which bring me to
the conclusion that this Government has power establish
and to hold colonies and if this be well founded, then the
only other condition which the Territories of the United States
assume, is that Of States Of this Union And far
the territories attached the United States
ed under the solemn treaty stpuatons ultimate
| ly to admit them States Of this Union.
All the territories have claim under the treaty
with France in ls03 commonly called the Louisiana treaty.
and the treaty with Mexico. know very well that
nhe discussions with Great Britain respecting the Oregon
territory, other additional grounds of title urged
part hut yet thins, most reliable ground of title
that which predeated the treaty with France Now
what do these treaties require The Sd article Of the Louis
treaty is in the following words:
S. The inhabitants the ceded territory shall be in
corporated in the Union Of the United States and admitted
possible according the principles OF the federal
constitutions TO the Enjoyment of all the rights advantages.
anil mmuntes Of citizens of the United States and in the
time, they shall be maintained and protected in the free
Of their liberty, property and religion which they
profess"
And the ninth article of the recent treaty with Mexico
the effect Ii is as follows:
aThe Mexicans vho in the territories aforesaid, shall
retain the character of Mexican citizens coaormaby the
stpulatcns Of the preceding article shall be incorporated into
the Union OF the United States be consistent
with the principles of the federal constitution and Admitted
the enjoyment Of all the privileges rights and mmun;,ies Of
the citizens OF the United States aud the time they
shall be maintained and protected in the full enjoyment Of
their liberty and property"
The requirements Of these treaties are imperative We
admit these Territories States into the Union
possible, according the principles Of constitution.
We have discretion left Good faith the parties
trsced with and justice 10 the people of the Territories de-
mand il.
And the duty admit applies to all territory of the
United States matter how acquired, whether by conquest
cession The power acquire territory has been doubted
by some, and without but did propose TO
into that question is not Necessary TO the ebjecs
have IN view But however that be- the United States
acquire territory how, be held uuderand
codiug the constitution. And tho of hs mani
fest and conclusive. The "Unitec States exist only BY
virtue Of the constitution apart from the constitution there
such body and whatever they may lawfully do must be
done in virtue Of the conferred by the instrument
Whenever they attempt 60 above beyond they exceed
their jurisdiction, and the act is sheer usurpaon. When
they acquire territory, therefore, the constitution mme
dla,ey spreads itself and the acquisition must be held
and dealt with according it. II they have power under
that instrument acquire, the acquisition and subsequent
holding unlawful 1t is exercise OF power in violation
Of right
Let me, however, not he misunderstood. do na deny
that Congress has the power refuse territory admission
into this Union. II has the power aud in every proper
ought exercise it. Congress should that the require
mens OF the constitution grsded Before State
be admitted il must have republican form Of government
population requisite for at least member of Congress
according the ratio then in force, assent 20 the rights
of property within its limits belonging TO the United States
any OF the States and submit the constitution Of the
United States and the laws and treaties made in pursuance Of
H. These and perhaps other conditions established by the
constitution conditions which States may be admit
ted and il the duty Of Congress to refuse admission until
they faithfully complied with. But having the requisite
qualifications any territory of the United States is entitled
admission, and IN my judgment II would be violation Of te
constitution refuse it, And when they in they coEac
subject TO the and endowed with the privileges
Of the old States
This brings 10 the ony remaining point with which
shall trouble the committee While in the territorial
dion how they to be governed. and what is the power
Of Congress them On this point several opinions have
been expressed The gentleman from Massachusetts (Mr
HuDsos) thinks the power Of Congress over them is unn
tied and supreme The gentleman from South Carolina Mr.
RaErT) thinks that Congress may set up restricted govern
In the Territories, but that the sovereignty them
resides in the States And another class Of gentlemen think
that the sovereignty the people Of the Territories and may
once and while in the territorial condition. he exercised by
them. None of these opinions laid down satisfactory
to me, but il Is sufficient for my purpose to show that the
6rsi is untrue
The gentleman from Massachusetts, airms that il nation
territory she has right govern that ownership
implies domain and sovereignty and he quoted Vscl TO sus-
tain him. Sir Vae knew nothing OF system, but
1of II ~