The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-23

brought up in the midst of this institution, and who OF
all Others best know how nnocent is in ITSELF and the
many social advantages which belong it, may be found
amongst It's disciples and by the extent of their influence
may inculcate lis excellence wherever they go. Ii IL
needfu that such opinions should he suppressed, and
these ladies' thereiore may be prohibited from going into
the territory; Congress may then provide that no man
emgrang TO these territories shall carry with him wife
from southern State, thereafter contract such
alliance. defy the ingenuity of man to show that ii
the power exists at all, does not exist TO the extent
have stated in each of the instances have supposed,
There mus, then be some limitation. What is the mi.
aton, ii not to be found in the obligation under the
constitution ITSELF OF leaving each State, with reference
to her sister ates, in the enjoyment OF perfect and abso
lutte equality
word or two upon the ground on which my friend
from Massachusetts Mr. DAvIs places this power, and
where he supposed the senator from South Carolina
Mr. CALHOUN also referred itthat is, that is TO be
found IN the authority TO acquire territory WeU sir
where is that authority to be found MIR Chief Justice
Marshall in the case of North American Insurance Com
pany as Carrier Peters, 342, speaking OF Florida before
her admission into the Union, says: 'ln the mean time
Florida continues TO be Territory Of the United States
governed bypnriue ofnm eia4se IN ne constitution whieh
empowers Congress to make all needu rules and regua
lions respecting the territory other property of the Uni
ted States" And then adds "Perhaps the power OF gov
ernng territory belonging to the United States, which
mas hot by becoming State acquired the means OF self
government, may result necessarily from the facts that it
is not within the jurisdiction of any particular State and
Is within the power and jurisdiction OF the United States
The right to govern may be the inevitable result of The
right to acquire territory" rNa
1t will be that the Chief Justice places the actual
the constitution TO which have referred the power
govern territory, and to which it is generally referred
What he says besides is said with evident doubt and TO
be considered but the expression of opinion that
the absence of the particular grant of power it might pos
sbly be maintained incident to the power to &C
que But sir if the right upon this latter ground
the p0,rer TO acquire, should like to know, in govern
ment like ours, what authority TO acquire exist that
is given in the constitution express terms, by
cessary implcaton do not deny that being sovereign
and having unlimited power to declare and make
treaties unless the power acquire expressly excluded
the United States would have the authority to acquire
do not question, and never have questioned. but that
they have the authority to acqure because they have the
authority to make treaties given IN broad unqualified,
unlimited terms. do not deny that they have the power
acquire by conquest for they have the authority to de-
clare war, and be terminated in only of
Yays-if terminated successful ether by treaty, or by
conquest But the question at last recurs. Having ac
qured territory under some of the powers of the
constitution how the territory acquired be dealt
with and how are the people within il 10 be dealt with
How the people who emlgate into it from the States
citizens of the United States Do the latter lose their
character of citizens of the United States by emgratng
from the States of their nativity residence into the ter
rtores acquired and because acquired being portion
of the United Staes' Let us pursue this for moment
and what the consequence OF holding that they are
not to be governed as citizens and under all the lma
tons and guards of the constitution Certain things
prohibited by the constitution The argument TO which
about TO speak is that the constitution contains
thoy at all in itself to legsate oyer the subject Of STA
after the constitution adopted Let us examine this
The convention which framed the constitution thought
that the freedom happiness and security OF the people of
the United States were be eectually promoted by
the limitations upon the powers OF the government which
imposed, by the powers which conferred They
considered that there certain powers which the gov
of free people should possess and they there
fore incorporated certain limitations with that view, in
the constitution itself The people OF the United States
governed in the exercise of unlimited authority
reposed in Congress. For example: the constitution
says that all duties imposts. and excuses shall be
uniform--thai laws upon the subject OF naturaz Z;
privilege of the writ of habeds corpus shall not be sup
pressed, unless, when in OF rebellion or inva
SON. the public safety may require tha no bill OF at
ainder post facto law shall be passedno tax or
duty shall be laid upon articles exported from any State
capitaon other tax laid unless in proportion to the
census &c--no preference given by any regulation OF
commerce revenue to the ports OF State over an
otherno title of nobility granted-no person holding
Office of profit trust under the United States, shall,
without the of Congress- accept any PRESENT. &c,
from any king. prince, foreign stlteno general search
warrants allowedprivae property not to be taken but
for public uses and then only upon full compensation
law respecting establishment OF religion, or p'o-
hbitng the free exercise therefor OF abridgmg the
power of speech of the press of the right of the
people peaceaby to assemble and to petition the govern
ment for redress of grievances, 10 be passed. 91
Mr.. President not all these projections, studi-
ousIy provided applicable to the territory, and the people
of the territory, OF Ihe United States If they areani
who will be bold enough deny it it only the
ground that the constitution of the United States covers
the Territories. They upon that foundation, or they
have none The argument OF the senator from hlassa-
in these acquired Territories out OF the constitution, and
By virtue OF power out of the constitution but that In
doing you should observe the fundamental maxms OF
the constitution That is not the question. The qnes-
ton not what prudent and just government ought to
do in the administration OF its power; what sensible or
humane would do in dealing with the subjects; wha
rights they would give withhold but 1t Is, whether,
under the constitution Of the United States, they are not
bound to govern such Territories and the people within
them under and by virtue OF the provisions oil the con'
sttutlon, Tor the purpose OF securing to them all the
benefits OF the constitution well IN the powers At vests
in the restrictions imposes on Congress- lhls be-
| comes still manifest when we consider that the
power OF the of the United States these
Territories is that looks to its termination II is tenn
porary, and designed Ii is exercised with view to
an endand what end The incorporation of the terri
tory States into the Unou, and of course OF its nhab
lants cltiZelis of the United States How do they
come in AS freemen for the first time? Is that which
committed by them Can they be debared from any OF
the privileges which the constitution to as
protection to my rights of person and OF property They
certainly not made reemen by being brought into the
Union they are freemen before. and they are reemer
before only under and by virtue Of the constitution
There must be some limation them TO the power to
govern them whilst in Territorial siate and we come
down at last TO the question upon which, as think the
propositions before us must be decided Does the au
thoy to pass all neediul rules and regulations carry
with the power to impose the restrictions now con
| tended for
have said all that proposed 10 say upon that point
| and word two AMI have done. have stated
that was not my purpose TO trouole e oehaie WIN
remarks conemporaneous interpretations, or judicial
construction of the constitution reference to the sub
lect admit that the Missouri compromise can be main
lainel only, law upon the ground that the power
| dispute does exist The circumstances which brought il
bou have already been stated but agree that far