The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1848-09-06


Hrsslnmsmz pszMm~s - Faumrs III nneairlar
tsnaSry rsrArs b. na~saela - ~ tEF6lg. fla ~
sa3~s ~ ~ assa,y, lie rrAa1 arrzsaaT iecomes
PaE q lhs nasasa iawAirA 4 q tnnsas.a, chs
- tAs arsEs alP1laise n EAs sueais II cssssaa ~
- sasA - - nsw Eaarr SAL irapos. Prshsps
10 P9Ssg - GOVERNING . arrritclg A<longing 80
tas lnasl SsalsA whire bEn Ne. ~ 1heconning
So. .sgalrni ne u,sans &c s<ifgusrrnHrnt may
sasaL naarssszss h0E shs fscs tkaa il ID n0l wish-
n 10 lsriactiaa a any parsiralaf sanae AMI =
wsiAis tAs ps2sr and juri~ieaicn q he unised
sl-aks. Tie ngAa ~ gssssn nag ~ ss.s insrli.
ssle eansegnsnce Il ne EgAa q asaire lelFilcsy.
MhkhrxrE nay - the uae sarrre wArn1s nke
ps~sr i asnsss. tAs possessisa ~ q : unqars-
tuaea~
Ar. Justice gohnsnh. IN his opinion.
delivered "a he same case. when IN the
sirevl court. tAps exprssses hinself:
The rshi. ihsrefors. e &C yairing irrriory. is
sllaxsher iaciisakai q lse tEsaiy making poweE,
sd. Eeskaps ~ he P0wer q admitting ns~ staaes
late he unioa and - g0ssmmeni e sach &C.
saisitlons i a course IA % he legislative poser
81 Tie Inian. a. r. - that PowsT = unnentrossea
~ treaty. b. he IAitsE ne acquire ether 20.
lively e ssg sob. snd by he former a.sPese q
saquis;anas - made; and 10 eAse q saeh scgui-
si0ns. ] - nothing in Which Ike power acquired
over re osIed territories can vary from the power
sesEired anAsr Tie law Il cations By any other
gsssranssni ever aegl.res ct seaei territory"
Now, sir. here =. i'll can understand IL.
acisar Api 5erided opinion flhe court. de-
lisered by Inc eminent man who II that
tune presided over its deliberations. and
who Was himself the embodiment a al
Judicial exeellence-ihsl. undeT the treaty
aud war powers. he United States have.
undeF lie Constitution. The right IN acquire
ierrilory; that they acquire il upon the
sane terms a. any other nation; and IL
is schjecl. in their hand-, TO sueh terms
snl n0ndiunns ~ they may deem proper
10 impose. suaiesl oalE 10 such resIric.
tons. IL any. a nav he contained in The
treaty of ression. Now, how do We ex-
peci. after this decision. o. procure from
the Supreme Court Of the United States
an adjudication lllaI. independently alto.
gelheT Of legislation by Congress, lhe in
siaM any territory becomes ours. the in
siiHlion q slavery exists there by the mere
force Of The Constitution of The United
Slalesl Gentlemen say that every Anne
rican citizen has right 10 go into The
newly arquired territory. IL is needless
In examine thai, for no one proposes
10 exclude them. Bni u is anolhrr aud
different question, whether he has right
20 carry Q slave there, and, because The
slave was recognised as property in the
State frpm which he came. 10 insist that.
therefore. such slave shall be recognised
AZ properly " the territory 70 which he
goes. The Affirmative Of the question can
mol. IN nv opinion, be maintained. Sup
pose. which is not al all unlikely. lhat with |
in Few years we should foNow the example
ef E-e.s n-ss~ia. aud pracrre The cssSian
Of some station or post wilhia the domiu-
ions Of the Emperor Of China. in order |
more efeclually 10 promote our commerce
and proleet our cuizens in that country.
could IL be maiDtained that, Instantly upon
the cession, from the nature Of or Con.
sIilutioa Itself. negro slavery would spring |
up aad become recognised institution
theEel This would seem 10 be absurd.
Yet - stands upon The same arguments.
applying with equal force. upon which
rests The alleged constitutional propagasion
Of slavery into these Mexican territories.
Sir, the inquiry must present itself, wheIh- |
er slavery was an institution OF the territory |
before, ia point Of fart any slave was car
red there By one Of our ciizens. lfso, then
Tie slave carried would he recognised as
propfieiy in the territory by force of lis
osn ipsli,plion, and mol That Of The State |
from which The slave was brought. Thus.
in my own Siate. though. in point OF fact,
theEs were not a single slave 10 be found
20 day, sill slavery would be recognised
institution Of the Stale: and the man who
shosld 60 there with his slave To morrow,
would not carry any new institution with
him. but would merely garry there re.
cognised subject Of properly under The ex-
is.ing law.
Now, il seems 10 me. that The gentle.
men whose 0pinions ioppose must main. |,
tain one aflwo things: either that by force
81 The Constitution Of The United States
The moment territories are arquii ed slave
ry becomes there recognised institution,
or else thai whether il will be an inslitn-
tion Of the territory or not depends upon
the fact wbpther or not slave shall be
carried there; that. when carried, the Law
Of slavery springs up. and when removed
the law ceases. Nov, sir. this latter pro
nosition seems IN me an sbsurdny. The
! " which recognises slavery must exist.
car not exisi, independently OF the con,
duet of Individuals; and as, in my judg.
meet. the Constitution does not of it,
self establish slavery where il dad not ex-
Isl. We must. in order TO ascertain its ex-
isience or non existence after oar acquisi.
ton, resort " The previous law. There
seems 10 be some doubt. as collect from
the remarks OF honorable Senators on this
subject, what was the state Of the law III
the territories acquired from Mexico. By h
some !. is alleged that alI slavery was ab- II
solulely prohibited; by some, thai a speries !,
ri slavery called Peon servitnde, existed
under certain notifications, abou, which