The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-06

R lei ma consider the subject first with referenca 10
the laws and custom of nations and newt with refer
ence 10 the constitution of the United States government
Upon the conquest or purchase of territory The SOW
eregnty and jurisdiction of the nation losing The terrific
nv ceases and that of the acunring power simultaneous
IL succeeds Civil laws all rules for the government OF
conduct of civil societies. have force as laws ONLY be.
cause they express the sovereign and supreme viii of the
State When the sovereignty ceases its will being no
longer snnreme the Laws which emanated from IL
sariy cease of their force pon the withdrawal there
fore of the authority of the former sovereign, the pre-
existing institutions and laws instantly eynire TOR The
fountain which gave them vioor and vaEtv is cu off
To render The nroposition more nain will present il
in another form The Jaws If anaon are confined 10
The limits of s erritori, urslction When !, nar,s
with the jurisdiction of any nort;on of lie Jomain The
whole bodv of liz laws peressarv retire o The Limits Of
the territory 10 which its jurisdiction becomes contracted
nv the 20 ssion S
By the poIitica law Of nations then tbera ,vond he
M laws remaono IA rorcs tha ,f Inv
ed and il would remain without government until code
was enacted bv the new sovereisn To s,nnose otber
wise wouH he IN suppose thai nation conI eytanI lis
Ia ws beyond the Imits of n own i,,ri5;c ~ MI
The ;ur,sd;cton 81 another na,n joh liI i my
absirditv in terms as in orinc;nle ~ ~
But inasmucb "a perod n;gb ;ntervane bat,ynen tho
withdrawal of one code of Laws and tho IF
another bv the new sovereon The custom has orown nm
among nations from regard for the interests oi
ity and 10 prevent total dissouton of social order Of
leaving in force in such cases those necessary ranla
lions Which nroec the natural rights of Tho
and nreserve order in tber social re,aons Rt ,hass
regulations rest for their force no unon he o,ac,m.nt ~
the former sovereign but upon The assent which custom
nj he Mo c,n,Ir
hons Tins allowed ~ preval ,emoor,rilv arc n The va
nature OF the custom limited to the precise necessities 81
the case and only IN govern the relations of the
persons thus transferred between each other until new
roIe is nrovided Tbev cannot ,reva; ,s n ,w of nny
eminent for the Territory Thus anuired mr. can anv
ncpa regulations remain in fore which are
viii The 5rerorave and RIGHTS of The nau sovere;n
phich abJoe Or embarrass his lille to the ue of hi; now
acouistion OF this nature would he anv regulation which
conscaed or exngused The property of citizen of the
new sovereignty Who came upon The territory to enjoy
Of RIGHT lis Use The RIGHTS ri nroner,v of tba nhabI
ants remain s,cred Int M Law Of The old oovarnmeu,
can rghtiuy remain in force which dshrbs he tennrs
of PROPERTY in member of the new sovereignty for this
,vnuld he ncnnssent win the sovereign ri,ht If nso
II is with these limitations we are TO receive the doc
trine that the muncivaI laws of coded TERRITORY remain
in force Any other view of the subject would as an
pehend be al war with the whole theory of sovereignty
and jurisdiction
2 It is under and by authority of the constitution that
Congress holds the jurisdiction and exercises the Govern
men of territories belonging to The United States This
jurisdiction and authority are necessarily exclusive as
have heretofore shown.
Now then the ancient laws municipaI or other can
only remain in force in newly territory bv virtue
Of an EXPRESSED or presumed of Congress- but no
such assent can be presumed in regard to laws which are
ncomnatibe with he rights of The neone of the States
If the Union under the consttuton nr Congress is the
creature Of the people of The several States and the con
s,;,on tho r., NJ action tbov M e nra,cribod IN II
We are now prepared for The more distinct n0uiry
wbeber hecmse slavery was nboshed bv an ancient
edct among the inhabitants of territory newly acquired
b tha n;ied States that aJct xould cont;nn it, dnera
i'm an "a to aect The Tenure of nne Of the neope o me
limited States carving his slave upon il
I readily conceIe That although bv the change of i'll
rsci;on The force of The ancient edict won5I cease
once emancpated nv ts oneraton woud not be re-
mitted to slavery; for this would be only exn.ushing
one law NJ The anse sovereiynv IN revive an older onr
which had recognised the slave as property The in.
habiants whether black or white freenen or peons
would preserve their respective relations and social con
dtion as existing at the moment of transfer so far as
might he COMPATIBLE with the general fundamental polcl
and laws of the United States
On the other hand il must he conceded nv every one
that no municipal law could remain in force which
voud diminish the sovereign authority or embarass The
use of the territory to its new owner This is loo clear
IN admit of denial
Now iet ma sunposp first that the States of This IIo;op
were ali senarate and that Texas as an INDEPENDENT
communitv acnred the territory. of conrse if wouI
become mar ri The domain Of Teyas Could any lav,
remain in force in the new territory after was covered
by the iarsdcuon of Texas which was contrary to her
established laws of property. Could the Texan commu.
n,ythe owners as they would be- of the terri,orybe
excluded from its use by virtue of any previous or
one will respond to this, assundly not Now add TO
the people of Texas those of the other fourteen slave
holding States united purchasers with her., would
the result be the same Add, then, the people OF the
fifteen northern States would their accession joint
owners alter the just rights OF the others? 1t the
government OF the United States may be considered as
of and for the North, and not of and for the
wnole people o. the Union.
Again: Inc Cahollc reiSion Is eSaollSneu IN MeAico
ana froeslahusm is excluded py law would hai law
or regulation remain IN force IN territory we may at any
time acquire from Mexicot Certainly not; Tor Congress
being restrained oy the constitution from making any
laws INCONSISTENT WIN ne Tree exercise OF reigion
jurisdiction of the United States attached all
laws creating determinations between citizens OF different