Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1848-08-19
No. 90.

u1tVGu w AHG uSNPtfhfB bApsNtFH VI utUy-
ing all power In The Peep le or Government
Of bis country to decide upon their own
rights, and Of sutrendering that power to
their conquered enemies. shall proceed
to inquire what are the rights Of these
conquered people, who are thus clothed
with the sovereign attrib ute Of deciding
upon the rights Of my count tymen and their
conquerors. This position Of Gen. Cass, /
presume, has not q single supporter from
the South ON this floor ; if | am wrong In
this opinion, I pause to be corrected.
Here Mr.. Il. paused, and no one avowed
hiinsflfa supporter Of Mr.. Cass'g platform
Gen. Cass's position seems 10 be based
upon some vague idea of the right Of self.
government In a conquered people, and
involves the absurdity that their sovereignty
Is not anDihilated by their subiugation.
The tights ola conquered people are clear
" defined by the laws Of nations and the
practice Of mankind. Conquest displaces
the Government and aBnihiiales the soyey--
eignity Of the conquered people. Com
queroTs may set up over their conauests
just such governments rs may suit ihoir
own convenience or interests, with mo res.
traints upon this right except The principles
Of humanity and equity, the treaty Of peace
and the forms of their own Government.
The supreme Court Of the United States.
In the case Of the American Insurance
Company ct al. against C,antcr, 1st Peters.
p. 542, thus lays down the rights Of Il con.
quered people under the laws of nations.
"The usage Of the world ID, ifa nation
be not en- rely subdued, TO consider the
holding Of conquered territory as q mere
military occupation, until It's fate shall be
determined at the treaty ofpeace. fiji be-
ceded by the treaty, the acquisition Is con.
frmed, and coded territory becomes a part
Of the nation to which tits annexed. ether
on the terms stipulated in the / eaty ofces.
sion, or on such as It's new master shall
impose"
All the writer's on public law which I
have consulted concur with these %princj-
pies. am not aware that they were ever
questioned before the wriiinr of General
Cass's letter TO Mr.. Nicholson. All the
political rights secured 10 The conquered
territory by the treaty Of peace ate ON.
tanned In the 9Th end 9th articles Of Inc
treaty, and are as follows
"Those (Mexicans1 who shall prefer h
7emain In said territories may either retain
the title and rights Of Mexican citizens, or
acquire those Of citizens OF the United
States. But they shall Be under the oblie.
alton 70 make their election within ora
year from the date ofthe exchange Of rail.
~hcations Of this treaty" "Mexicans wbo.
In the territories aforesaid, shall not pre-
serve the character of citizens or the Mexi.
can republic, comfortably with what Is I'll.
pulatcd in tbs preceding article, shall BIO
Incorporated into the union Of the United
States, andbe admitted at the proper time
TO be judged Of b the Congress Of the
United Statesl to the enjoyment Of all the
rights ofcitizens Of the United States, &C.
cording to the principles offhe constitution:
and, in the mean time. shall De maintained
and protected in the enjoyment offheir
liberty and property, and secured In the
free exercise Of their religion without res.
friction"
The treaty secures the inhabitants ofthe
conquered country the political rights Of
'being Incorporated into the union or The
United States" and admitted to the rights
Of citizenship Sat the proper time, ID BE-
judged of by the Congress of the United
States" and no oibess whatever. They
have no right, by this treaty, 10 participate
In political power, or 10 4share In the Gov.
ernment," Until the Territories whereof
they are inhabitants shall be admitted into
the MON. In the mean time II il the dutv
Of The Congress to rule them ''accordina to
the ends for which civil government was
established" These are the rights and
this is the political condition ola people
whom Gen. Cass invests with the sovereign
power 10 determine upon the rights oftheir
conquerors in the conquered country.
That would have been precisely their 20.
sitinn fthcy bad conquered az instead Of
our c0nquerfDg them. 1t would moi follow,
by the laws Of nations, az here.ofo E laid
down BY writer's On public law, that the
Constitution oftbe United States could BE-.
come the Organic law Of New Mexico and
California by virtue ofour conquest Of those
provinces. Il Is held by these writer's that
the conquerofs may extend their organic or
m inieipal laws over their ~conouests, or
make others for them al their pleasure /;
but, until they have exercised this right,
the municipal laws of the conquered coiifl.
try remain Of force. Chief Justice Marshall
clearly afhTns this principle in The iude-
ment which ! have before quoted. Fn
speaking Of the inhabitants ola conquered
country, he says, in the same case, the
same act which transfers their country
transfers the allegiance Of them who re-
main In IL and the law which may Be De.
nominated political is necessafil changed,
although thai which requisites The inter-
course and general conduct Of individuals
remains Of force until alterd by the newly
created power Of the State" This con-
sheraton is Of great consequences ii the
adjustment Of this question. TO lull Tie
popular apprehension at the South some
gentlemen on this floor have spoken oft
as a judicial question. The Supreme
Court has ever been an unsafe reliance
upon political questions. Its duty is TO
decide what law Is, and that duty il per-
forms web, and not what it ought to be.
Their former adludicatiOns setlIts these
principles that i, under our system, The
Constitution Of the United States does ex-
tend over our conquest swithOut further ac.
ton Of this Government, il does not other
wise affect the question Of slavery there.
except 10 authorize the owners of fugitive
slaves who should escape 10 these TeTriio.
ries TO recover them under It's provisions
that the constitution, though il recognises