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


law paid and ss,is6es. This Aas done
Y siih regsEd 10 he British debss ~hirh had
been nghlfnlly sOnhscsisd by Stale AZ
ih0rily daring he Revolutionary war. and
The amount paid into he treasures Of the
Respective STATES. And, sgain. BY ireSiy
ihe Uniled States MAJ arquiSe sHih0FiIy
10 rrrri jpdirizl iribunsls and esnisr judi
cal power within the leHulory Of for
eign and independent nation. 90 his We
have an example in de bal now on our
lable--Io errcl such tribunals and confer
such poweF-lo be exercised IN ihs em-
pire Of china. II seems. therefore. % fol-
low necessarily. - well from The express
grant Of power Is from The prsclice oi ihe
Government. that the President and Rs-
nate. by treaty. may acquire territory for
The uniled States. When that acquisition
Is made. by the exercise OF The power
thus granted. the Constitution eonfes ex-
pressly upon CongIess the power 10 legis-
late for the government Of the territory 30
acquired. For il eonlers on Congress The
power .Io make all laws necessary and
proper Tor carrying into execution" the
powers vested by The Constitution in the
Government Of The United States. or in
sny department ar officer thereof" To
my understanding lis therefore plain thar,
by the lreaiy-making power, we have ex-
press auihoriiyi and, BY The provision I
have cited, Congress has express auihori-
~ TO legislsle for iIwhen acquired. Now,
sir, upon This power, what are the resiric-
lions. and where are they 70 be foundf
There are plainly none in The Consiitu-
ton itself. Il 10 one Thing Tor us TO think
that certain restraints upon the exercise
Of this power would be convenient, would
ut this particular time be reasonable, would
subserye The interests of that section Of
The country in which we happen 10 live,
or. if you please. the general interests Of
the whole; and n 10 another and very diff
lereni thing "a show an actual restriction
upon the power itself. The former relates
90 n just and proper mode Of exercising
authority, aud addresses itself 10 those in
whom the power 10 vested. The other
implies an actual exclusion Of The power.
which leaves nothing Tor the exercise of
discretion al all. The honorable Senator
fsanl yirsinia, ~ IIs"sss.l rrniaIkrsi tiras
although il seemed 10 him an absurdiiy 10
deny Congress The power TO govern The
territory. yet that power must be exercis-
ed in subordinaiion TO some general rule
given in the Constitution. III undertook
to specify one case, and certainly il was
very unhappy illustration Of the rule no
had laid down. lie remarked tina, Con-
gress was bound 10 establish over TERRI
tory republican form Of government.
Why, sir. what has been heretofore The
action of Congressi What do we pro.
pose to do by This very bilIi Establish,
republican form Of government Why,
the President and Senate are TO send four
men to New Mexico and i've 10 California,
who, without the previous request or SUBJ
sequent sanction Of the people there, are
TO exercise Legislative, executive and Judi
cial powers over them. Is this republic
can! Is this what the Constitution calls
q republican government A government,
in which The people governed do no. elect
their governors, and do not exercise the
smallest restraint, control, or influence
over them. Sir, il is preposierous TO call
such as institution republican. How. then
do gentleman make OUT iha, from this ge-
neral power of Government, conferred
without qualification, is excepted The pow.
er Of excluding the institution OF slsveryf
Slavery, as il exists under the Cons,iiu-
lion of the United States. is State insti.
tuition. Ii exists in the States which al
low il as State institution, under their
laws. Ii does no exist as an institution
Of the United States. 1t is not an institu-
ZION that owes It's origin TO any law of The
United States, by which slavery is intro~
duced OF established. Nor 10 It recog-
Missed by the Constitution of the United
States otherwise than as a state institu-
ton. The only reference 10 il in that
instrument is the simple provision By
which persons bound 10 service or labor
i'm one State, under the laws thereof"
and escaping into another. shall be deliv-
cred up on complaint ofthe party 10 whom
such service or labor may be due. Where.
then, do gentlemen find ground for the
conclusion that, although Congress has
power 10 govern these territories IN every
other particular, it has no power ,ogoyern
them ii regard 10 this particular institu-
ton! II the conclusion were right, would
j. not follow that 10 introduce slavery 10 as
much beyond the power Of Congress as to
exclude it! waa zas
Mr.. President, the opinionsI have ex-
pressed do not depend on any reasoning
Of my own, but, without referring to the
precedents which have been furnished by
the past history Of the Government. are!
fally sustained by the SOLEMN and consid-
crate judgment Of the supreme Court OF
the United States, in the case so often re-
| fered 10. (American Insurance Company
I Us. Canter, I Pst.,) both as to The source
from which the righ. Of acquisition is de-