The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-01-14

us taTnely 10 surrender Mexican conquests; nor
should such be the policy of the government If 1t would
advance the cause of rational freedom its
joyment to the people of Mexico But whatever may be
the policy touching Mexican conausss we cannot am II we
ment Tor the reason that they will not be restored Inc
laws which control the policy Of territorial acquisitions
are beyond the control OF legislation Fountains O. tears
may be shed over the ACKNOWLEDGMENT OF Mexico ;
supplies to our gallant army may be refused and may
be called back from its field of glory compelled to re-
therefrom to defensive lne, be disbanded and
dismissed-but the people holding these provinces will
not consent to 60 where there is only anarchy violence
and oppression. Give back those provinces! AS well
return to Great Britain what once her colonial pos
sessonsgve back Louisiana to France Florida to Spain
Texas to Mexico.
Neither the solemntes of legislative enactments, nor
the sanctions OF the treaty making power can compel
them to return; and it is attempted by strength OF arms
it will require greater force than has yet been engaged
in the Mexican These provinces are ours ny every
principle of Justice and of international law They have
been purchased upon the batte-helds OF Mexico, by
bravery which finds parallel in the history OF mank ind
The consideration has been too dearly paid, and our title
deeds written in the best blood OF sons Let,
them the laws of humanity and peace be extended over
them and they dedicated forever the OF freedom
The principle declared by the last clause Of the first
resolution that conditions can be constitutonally I'M
posed upon any territorial acquisition, inconsistent with
the right of the people thereof to form ree sovereign
State, with the powers and privileges of the members OF
the confedeacy deem too obvious for serious argument
Whatever laws Congress may consttuonally enact Tor
the regulation of the Territories OF the United States are
subject to be altered repealed at pleasure The ancient
Modes and Persans declared their edicts unalterabe
but such power is vested in the American Congress,
and those who propose to have it enact unaterable and
fundamental" laws, employ terms which, If they have
duly considered, they do not comprehend Every State
admitted to the Union, from the moment OF Its admission
enjoys all the rights Of sovereignty common to every
ton carries along with it its own definitions OF sover-
eighty and if any State is prohibited from all the rights
of every other, then is not sovereign State. If it is
admitted with constitution authorizing domestic sla
very, it may change its constitution to prohibit at
its pleasure If its constitution at the time OF its adms-
it-and this oo regardless OF any legislation upon the
subject by Congress otherwise before its admission to
the Union. In other words, every State, after its adms-
SON. may in virtue of its own sovereign power estab-
fish abolish this institution, whatever may have been
the conditions imposed attempted to be imposed upon
| it during its territorial existence.
The second resolution declares that the principle OF
segovernment upon which the ederatve system rests
will be best promoted, the true spirit and meaning OF
the constitution be observed, and the confederacy
strengthened by leaving all questions concerning the
domestic regulation OF territory to the legislatures chosen
! by the people thereof
herent power this subject and more right to egs
late concerning it than the British Parliament unless
such authority is delegated BY the constitution dhe
fer upon Congress the right to egslae for the people OF
Territory, is as follows:
"The Congress shall have power dispose of and make
all need rules and regulations respecting the territory
bother property belonging to the United Sates" &c.
In providing legislation for the District OF Columbia
and for places occupied by the government of the United
States for Notifications, and other erectons required by
the public service the constitution thus contes the power
upon Congress
"To exclusive legislation all whatever,
in such district (not exceeding miles square) as may
by of particular States and the acceptance Of Con-
gIess the seat OF o. ne Sa'es
the Of the Legislature of the State in which the same
shall be- for the erection OF forts magazines arsenas, dock
yards, and other needfu buildings"
By the clause of the constitution first above cited it is
evident that territory is mentioned In Its MATERIAL and not
in its political sense for it is cassed with other proper
ty and izad tn ke
all needu rules and regulations respecting both In the
other section they separated and Congress Is author
lied to egisate all places occupied for public suc
lures, but such authority extended to territory The
language of the constitution IS that OF great precision,
free from repetition, and every word was well weighed
in Its positive and relative sense And 1t Its trainers had
supposed the phrase needful rules and regulations au
horized legislation places belonging to the United
States and used for public service they would scarcely
have authorized legislation such places express
language in another section. Again, In providing egs-
ation for the District of Columbia, Congress is author
zed to exercise exclusive legislation" it, Now, if
the words "needfu rules and regulations" were deemed
proper and apt language to confer legislative authority
the internal affairs of Territory why were they not
employed to authorize legislation over the District! And
to the order of the inquiry if was intended to
confer upon Congress the power to egsate over terrific
y why was not gwen IN the same express terms as IN
authorizing legislation for the District From this view,
there little doubt that strict construction would deny
to Congress the right to legisate for the domestic affairs
OF the people OF Territory without their consent
Congress has, however, upon various occasions, exer-
cised legislative power over the subject especially IN In
cooperating into the law organizing Territories the prov
sons OF the ordinance of 1857 and this has been acqu
esced in by the people of the Territory This ordinance
framed under the old confederacy, for the govern
ment of the Northwestern Territory and the sixth article
forbade slavery involuntary servitude therein. Its
dity has often been questioned, and its passage pro-
nounced by Mr. Madison to be without the least color
of constitutional law" But whether authorized not,
having been passed before the adoption of the consttu
ton, the act has authority precedent for like
practice under it. In erecting Territorial governments
since the adoption of the constitution the action of Con-
gress has not been uniform. In organizing the North
western Territories the provisions OF the ordinance rela
ting to slavery have been extended to some and withheld
from Understanding in the geographical relation to
proposed by Congress have met with general acquescence
But this has neither given the right Congress- taken
from the people of the Territory The Missouri compromise
cannot be regarded ordinary act of legislation upon
the majority principle Ii rather in the nature of
compacno adopted SUCH to be sure but assented to
acquesced in by all the States through their represent
atives in Congress otherwise. Whether it has force
IN the Territories not depends upon the construction OF
the constitution already discussed but has no binding
force upon State, beyond that of moral obligation. In
the annexation of Texas, the Missouri compromise line
was extended by majority vote but it disregarded
by that State in her domestic organization has any
department of the general government, or any other
power, save her own people, any control over IT. This
furnishes practical illustration of the value OF "una
erable" provisions by Congress in the organization OF
Territory II not denied that if the people of the Terri
tory acquiesce adopt the form OF domestic govern
ment proposed for them by Congress- 1t becomes their
own, having all the force of law until they alter or
abolish it," But this gives to Congress constitu-
ona right to enforce its Legislation the people OF the
Territories against their WILL and much less does pro-
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