The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-21

not to Be governed by the people in il. OF BY the PEG.
pie of the States or BY the State governments, no lei
ern the Territories acquired must necessarily exist IN the
government, which had the titlewhch had the right TO
acquire. .,., T.,
was we'll known that the Supreme Court OF the United
States had again and again admitted the r,en' OF Con
ess to gslaie for the territories under the clause Il
needfu rules and regulations" &c he d.d moi conGas
with that view But they had gone further they had
F. the principle Which n ne nov y SaS
this position with confidence Chief Justice Marshall
declared in the of the American Insurance Com
pany ct al Us. Canter, that
the United States which has not by becoming a sues,
the q , Sha hs sy
any pacas sRd Is T h g ,Ss govern may
s @e ''s''A''' ''A'@s''A . w -,
The principle was laid down BY all our elemental, y
nrn a;d ~, rst either in the people who nhabh the
territories or in the several States IN their ca
ihe ssse 4 would not be exercised all but that it
a necessary incident to the right to acquire ,,c
He now came his third perpendicular until Con On
oress nasses new laws acquired territory, the old
municipal laws of the former governments remain III
force subject only the conditions annexed to the ces-
sion and the limitations OF Inc c con ana every
mis- point in reference to New Mexico and California
They were settled countries subject to civ laws 1t
right over those territories, had prohibited slavery in
New Mexico and Californn. But, whether this was so
or not. he was discussing the principle whether free
Territory could be made slave territory except by the
positive authority Of Congress- tie supposed however,
that slavery had been abolished by the government OF
Mexico in these territories Now there were no laws
acquired territories to be governed until Congress did
make laws for them' Were they not from the necessity
t ii ef hsy Ss acquired
precedents; what the laws in Florida and Louis
lana until Congress prescribed laws for them Why the
old laws which prevailed before their cessiOn.
And this principle recognised by all writers on
public law II would be found laid down in Blackstone.
He begged to refer the committee however, to the opin
ion OF Lord Mansfield, in the case Campbell us Hall
Coopers report vol L. p POS, from which he would read
the following extract:
"a great deal has been said and authorities cited
relative propositions in which both sides seem to be per-
fecy agreed, and which indeed clear to be
yoed will state the propositions atlarse and the first
this: A p.;s., .. ,..
dominion othe King in the right OF his and there
FORE necessarily subject the egsanethe Parliament
of Great Britain
ceved the Kings protection, become subjects, and
be universally considered in that light,
"The third, that the articles Of capulaon upon which
the country is surrendered, and the articles OF peace by
which is ceded are sacred and invioabe according to
The fourth that the law and Legislative of
within the limits thereof and the of decision ali
questions which arise there Whoever purchases lives
Ensshman in Ireland Minorca, the Isle of Man, or the
Plsa!aiion, has privilege distinct from the natives.
in force until they altered by the conqueror."
According to these propositions. the territories Of Cal
very does not now exist there and slavery could be
introduced there except by the the sovereign power
exercised the territories which exists in the Con-
either by the common law by the civil law of SPAIN
excepby positive enactment. He would refer to the
hV,J ord for law IN
Johnsons Institutes of the Civil Law of Spain for the
rule Of that law Slavery contra naturam il must be
peared therefore, to him that was much more impor
fant for the south to establish the power Of Congress
over the subject than for the north But he did not in
the Union But he felt bound to say to the ge.tlemen
from the south, beware" fths subject iAo these
halls it must be brought here by gentlemen from the
south seeking establish slavery in the territory,
and he would in spirit of rankness admonsh them to
beware how they in collision with the free sent
ment of the north. When it should be brought here
properly, would be met by representatives upon their
sponsbiliy to their constituents and the constitution
Having but very limited time, he should hurry along
10 make some general observations this subject He
had wish to discuss the question of slavery in its
moral, social and political aspects except far
necessary make himself understood in discussing the
Question of power which had been brought into cOnro
But was proper this time, when there SO much
agitation throughout the country on this subject that in
order that he might not be misunderstood in the views
which he had taken he should express succincty what
his opinions He regarded slavery the gentleman
frcm South Carolina did-not institution 1t was
perversion o. terms to call it institution much less
republican institution He regarded it condition of
life which has been recognised by all laws human and
divine, from the foundation of the world, all countries
to late PERIOD and is still in large portion OF the world
1t existed by virtue of the principle Of early International
law that the conqueror has the right to dispose of the
conquered 1t recognised under the Mosaic dispen-
sation
And hence, finding slavery existing in a large por-
ton of this country into which il introduced without
our efforts and brought here without consent he
disposed pay that respect which other kind Of
property Of whatever nature entitled to- And palsed
be the hand that should interfere with the rights of the
States control slavery within their limits! When
the question here and legtimatey he hoped
ready to meet and to give that will be consistent
with the principles OF the constitution and subordnaey
thereto, reflective OF the views of the constituents whom
he represents and if here improperly let every
hand be sterny raised to put hence He lived in free
State, it was caleda State in which there were free
negroes, and he would assert from his own personal OBJ
servaton, that impossible for the two races TO live
together on either social or political equality
The people OF the State in which he lived had recently
ority of one hundred and forty thousand they had re
fused to extend the free blacks the right of suffrage
enjoyed by the whites. Why was that' Because it wa
repugnant to the feelings of the white population W.
taught by mothers to avoid all communication
with them and the theorists and uopians never wou
be able to bring about amalgamatiOn. There can b
no commnglng OF the blood Of the races and yet tina
had been said to be the only way in which the barrie
could be broken down.
While, then, the negroes remained this inferior
they were doing them injustice by giving to them thei
frnnlD L. Al r. IL: