The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-27

The poweris derived, the possession Of II 10 unquestoned"
Mr. Justice Johnson, his opinion delivered the same
CASE when in the circuit court thus expresses himself:
rhe right therefore, OF acquiring eritoy altogether
Incidental to the treaty making power and perhaps 10 the
power OF admitting new States into the Union; and the
OF such acquisition of course left the egs
latve power of he Unon as lar that power is
or SUD modo, and by the former dispose of acquisitions
made and in case Of such acquisitions, nothing IL
which the power acquired THE ceded territories
vary from The power acquired under the law of by
any other government over acquired coded territory
Now sir here is, if understand it, a clear and de-
cided opinion of the court delivered by the eminent
who that time presided deliberations and who
himself the embodiment of all Judicial excellence that
under the treaty and war powers the United States have
under the constitution, the right acquire territory that
they acquire upon the any other nation
and that is subject their hands, such
dons as they may deem proper to impose subject only
such restrictions If any, may be contained in the treaty
of cesson. Now, how do expect, after this decision
procure from the Supreme Court Of the United States
an adjudication that, independently altogether Of egisa
ton Congress, the instant any territory becomes ours
the institution of slavery there by the mere force of
the constitution of the United States Gentlemen say that
every American citizen has right go the newly
CURED territory 1t is needless examine that for
proposes to exclude them But is another and different
question: whether he has right carry slave there and
because the slave recognised property in the State
from which he came insist that therefore, such slave
shall be recognised property the territory which he
goes The affirmative of the question cannot in my opn
on be maintained Suppose, which is all unlikely
that within few years should follow the example OF
Great Britain and procure the cesson of station or
post within the dominons of the Emperor of China in
order more eectuay promote and protect
citizens that country could be maintained that in
santy upon the cesson from the nature of constitution
ITSELF negro slavery would spring up and become recos-
Missed institution there This would be absurd.
Yet it stands upon the arguments, applying with
equal force upon which the alleged constitutional pro-
pagaon of slavery into these Mexican territories Sir the
inquiry must present itself whether slavery an natu
ton of the territory BEFORE in point of fact any
carried there by of citizens If then the slave
carried would be recognised property the territory by
mt fnff ha Ct~to
which the slave brought Thus, in my own State
though in point OF fact there single slave TO be
found to-day, still slavery would be recognised institution
of the State and the who should go there with his
slave tomorrow, would not carry any institution with
him. but would merely carry there recognised subject of
property under the existing law.
Now, it that the gentlemen whose opinions
oppose maintain Of things either that by
force of the constitution of the Unised States the
territories acquired slavery becomes there recognised
institution, else that whether it will be institution of
the territory not depends upon the fact whether OF
slave shall be carried there that, when carried the law
slavery springs up and when removed the law Now
sir, this latter proposition absurdity The
law which recognises slavery exist not exist in
dependenty of the conduct of individuals; and as my
judgment, the constitution does of itself establish
slavery where did not exist, must, order
certain its existence n0n-existence after acuuis
doubt, as | collect from the remarks of honorable
ators this subject what the of the law the
territories acquired from Mexico BY alleged that
all slavery absolutely prohibited; by some that spe-
ces Of slavery called Peon servude existed under certain
notifications about which gentlemen agreed but
is conceded on all bands that African slavery recognised
certain States Of the Union, institution recog
Missed in these Mexican territories.
Now, hold, upon this concession that the law in Mexi.
co not having recognised slavery it exists with u.s. such
slavery stands prohibited in Mexico until shall be allowed
by law Nothing, apprehend clearer than that by the
acquisition of territory whether it forms part the
whole Of foreign naton-wheher subdued by arms or
ceded by treayno laws repealed except those which
inconsistent with the relations which the subugated peo
pie bear to their sovereign that such acquisition i'm
plies only change of dominion and aegancca transfer
legislative authority and executive control and that all
laws, not necessarily inconsistent Herewith remain in full
force until the new sovereign shall modify alter abolish
them On this subject VatteI thus expresses himself:
THE fundamental regulation that determines the man
in which the public authority be executed what
forms he constitution Of the State Ia this is seen the form
and by whom the people governed and what are
the rights and dlrie Of the governor" The laws are
society," "The laws made directly with view to the
public welfare are political ac: and in this class those thai
form of government the in which the public
thoty is to be exerted those in word, which together
The cp cs those that regulate the rights conduct
of the citizens among themselves"
Chief Justice Marshall in delivering the opinion of the
court the which have before referred speaking
of the effect produced by the cession of territory says
son such transfer of territory it has been held that
the relations OF the inhabitants with other undergo
any change Their relations with their sovereign
dissolved and relations created between them
and the government which has acquired their territory
The same act which transfers their country transfers the
aeg lance OF those who remain in it, and the law which
may be determined potitfcat is necessarily changed al
conduct of individuals remains force until altered by
newly created power OF the State
And again, in the same opinion, he says:
sit has been already STATED that all the laws which were
in force in Florida while province of Spain,
cepted which were political in their character ichch
ned the relations bei,ceen the people and their soperegn
NAMED IN force until altered by the government OF the
United States. Congress recognises this principle by using
the words laws OF the Territory IN force therein"
Now it is here manifest that Of the laws of coded terrific
abrogaed by the cession those which
called political that only called political which
cregn that these necessarily changed, because
with the relations between the and
sovereign that the necessity of the alone pro-
duces any change; and that all other laws whether de-
scribed the municipal laws, the civil laws the
regulating the rights and conduct of the citizens among
themselves" remain in force until altered by the new SOW
eregn
Now, is agreed by all the writers national law
by all judges who have treated upon this subechu slavery
owes Its existence to positive law, municipal law that
independently Of law authorizing it, it does any
where from which 1t essarly follows that whether At
rcan slavery be expressly prohibited in these Territories
not, 1t does not exist unless by their law it be allowed
which preends. Whether il shall be introduced
It's exclusion continued depends in my Judgment upon the
will of Congress- IL nothing be done by Congress 1t
mains excluded and their the subject IL COM
pee and perfect Ii that confusion has
resulted the views of gentlemen upon this subject from
the fact that heretofore have not made acquisitions of
territory except with to the formation OF Sates
but have just much to acquire territory and
keep in perpetual pupilage, as we have to bring into
the Union State Our right to acquire springs of
the treaty power and the power and when acquire
decide ourselves what shall be done what
has become by by conquest If should
obtain that III Dorado of some gentlemen, the island of