Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-23

stion. As legislator, however, must look at things
they actually will exist not as would have them.
Without action by Congress slavery exist in thos
Territories If legal authority is Of any weight cannot
Blackstone thus writes upon the subject
alt hath been held that uninhahited country be dis
covered and planted by English SUBJECTS all the English law
then in being which the birhrght Of every subject
4 Immediately there in force"
But in conquered or eeded countries that have ALREADY
laws of their own The king may, Indeed alter change hos
laws but till he does actually change Them the law
country remain except such as are against the laws
Il God, as IN infdel countries"
Chief Justice Marshall in his opinion in the case of th
American Insurance Company three hundred and fifty
bales of cotton, Peerss Reports 542 adopts this principle
as the rule OF our courts:
'The usage Of the world is if nation be not entirely sub
dued consider the holding OF conquered territory
military occupation, until its fate shall be the
treaty peace iii be coded by treaty the acquisition
rmed and the ceded territory becomes part Of the nation
which annexed either stipulated in the treaty
such as its master shall impose On such transfer
property has been held that the relations Of the in
habtants undergo any change Their relations with their
former sovereign dissolved and relations ed
between them and the Government which has acquired their
territory The which transfers their country
fers the allegiance Of those who remain in it and the law
which may be denominated political is necessarily changed
although that which regulates the intercourse and general
duet OF individuals in force until altered by the newly
created power OF the State"
m has already stated that the which were force
in Florida while province of Span those excepted which
political in their character which concerned The relations
between the people and their sovereign remained in force
until altered by the Government Of the United Sates'
Slavery is municipal regulation. The doctrine is to be
found in the Of Prgg the Commonwealth of Pennsyl
vania, reported in 9Th volume of Petess United States re-
ports, page Gil
By the general law Of nations, nation bound recog-
Mise the state OF slavery 10 foreign slaves found within its
limits, when IS in opposition to its policy, Sc
fit does is OF comfy and not matter of
international right The of slavery is deemed be
municipal regulation founded upon and limited to tho
range OF the Territorial laws.
The constitution, it is true, extends all territory which
the Government acquires Does it carry slavery thee
have heard it alleged that the constitution established
slavery; the argument is that recognises it this
y true it recognises the municipal laws and regulations the
States which admit it, far they have any operative fqce
that is, within the territorial limits OF the State. 1t goes no
further except in particular provided for expressly
the second section Of the fourth article If slave escape
into the free States he must under that clause be deiv
ed up claim = his may take him back States
where the institution exists He cannot hold him in slavery
in the free State in which he taken any longer than under
the circumstances, is necessary to carry him back II the
constitution recognises slaves property wherever they
be within limits, where the necessity for this prov
Again. the clause Of the constitution which tolerated
the slavetrade until 1908 gives Congress, by implication
power the subject outside OF the limits the States and
rs the existence of the institution the States themselves
Hy Congress is prohibited from fobidding the importation
such property into such States then in existence should
ink proper TO admita." The relation between the States
az to their municipal law, is foreign In the Of bills of
exchange drawn by citizen OF one State upon citizen Of
aAother State, apply the lawechaI operates upon
focign bills. The records and judicial proceeding Of the
courts of one of the States would be regarded by the
any other State as the records and judicial proceedings Of
fofign court were not for express provision the sub
JED the constitution. The constitution thus recognises by
thi clause well the in relation slaves who have
esdped into free States, this foreign relation Of the States
onsanother, to their municipal laws by providing against
its fleet IN particular Ii difficult how the
latin OF the States to the Territories intimate than that
Of tie States 10 another, to their municipal lstss by
providing against its effect in particular II difficult
to Sc howthe relation Of the States to the Territories is
intimate than that Of the States to another.
Ri the laws Of Mexico they existed the territories of
New and California, the time OF tine acquisition
Aidn slavery is prohibited Peon slavery is very different
thing As far as can understand it, il is Of servtude
In witch the creditor, by law puts the debtor be ermina-
ted UPON the liquidation Of the debt by the labor Of the peon
which debt is managed by the creditor generally, that it
accun instead Of diminishing. With the
not csct with his master, and Of course could be sub
Jecled under that law, unless he first become Free African
slavery it exists in the Southern States, forbidden in
that trory at the time il became by cessicn, part of
county According to the principles of international law,
aud tie decisions Of courts, the only laws which, pso
tacfo were annuled the political laws My colleague
adm that no laws changed except those which in
confa with the constitution. think that have shown that
Law prohibiting slavery against the constitution In
deed it were, the laws in the Northern States aboshing
| savey are null and void
Hw then, can doubt that the courts in the present
oil u question: and without action Of Congress- would
dece that in California and New Mexico slavery could not
exist Entertaining these views honestly and CONSCIENTIOUS
y, whether they be right wrong how could have voted
for he bill Would not be yielding the claim of the South
Knowingly and wlfuy What right have TO deceive my
constituents by vetng for bill keep the word Of promise
to ear, and break il to hope ~ Much less could
mae the sacrifice without hope that would bring
peac. II brought that the sub
siding There spirit Of compromise in the manner il
wastoced through the Senate 10 the House branded
wit the spirit OF intolerance It's passage would have been
theHgnal for the cry Of repeal 1t would have mingled itself
in lie Presidential campaign. There would have been strug
geo get Northern Southern President, have
Ncthern Southern judiciary established in these territories
In he providence Of Cod vacancy might in the Su
prone Court the United States The judicial ermne might
haze been saned by political prostitution AT all events the
weight and moral influence Of the have been for
eve destroyed in section the other Of the Union We
haze right throw the responsibility Of settling this ques
to upon the Judiciary would permit il go there in
an shape, If il could be avoided certainly in this. II
hs surprised very much those men who have here
toje been repudaors Of Of the decisions Of this
Jpn constitutional spirit seeking refuge under its
wing believe 1t is because they dare the question
/ SIR, he who iaers Is true lover Of his country
LIT US meet in spirit Of calmness and Cancellation, not
With heated denuncaons and angry threats Let il
with determination 10 settle il, and must assuredy
acceed.
will examine the bill little more in detail The people
Oregon have enacted code Of laws for themselves These
ae subject 70 CONTROL and among them excluding
shvey The bill provides that these laws shall be and
uue IN force until three months after the first meeting of
tie Legislature. When the Legislature meets these must
be eenacted, laws made and brought Congress
under the sixth section Of the bill for approval Shareholders
IN the mean time cannot take their property and consequently
will not settle there. The Legislature will be composed OF
Inf tIa r. L..