Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-07-01

ges right Of the territory TO become State or impsirs is
authority when becomes Congress has not the
eighty but only limited power Of legislation tueary in Is
character The territorial condition is temporary is the
minority Of State and the business OF Congress that
guardian has the Of the person ard property Of the
ward but il alien change the estate withhold il
from him when he arrives to maturity The people of the
territories who citizens Of the States residing therein
entitled to all the powers Of sovereignty they cannot ex
ercse them while in the territorial condition. Congress de
termnes when they in fit condition to be entrusted with
the management Of their affairs but conrs right
them. When admitted into the Union they derive their
powers Of sovereignty not from Congress- bat like every other
political community, from themselves These inherent
rights. Congress admitted Texas into tho Uuion she was
sovereign and independent republic in the full exercise Of all
the powers OF recognised by the principal
tons Of the world free and sovereign and treated with by
such. She precisely every State
Did Congress mpart any new sovereignty to her Ii Texas
indebted 10 the bengny Of Congress for the right govern
herself At this session have admitted Wisconsin have
we Bestowed her any portion Of sovereignty Have
parted with any She State of this Union with
powers and privileges ample those enoyedb by any of the
old States. Does she possess them by grant Where
the evidence of Has she only transmitted sovereignty
No, have given this the youngest sister Of the
conderacy, additional power capacity have
only said TO her. you have arrived at woanho od and
capable of managing your affairs henceforh charge
Of your estate and send here your aves that
they may aid Us, by their wisdom and counsel managing
the common interests OF the family This is my view of the
relations between the territories of the United States and this
Governments and reject dangerous assumption the idea
that the OF this Government the people Of the
ores supreme and absolute The territories the
mon property OF the States of this Union The constitution
speaks OF them the Territories Of the United Sta the
right of soil vested in the United States and il to be dis
posed of for the common benefit The States therefore, have
common right to occupy and them The people Of the
States have right go there and reside and Congress
not prevent them They ultimately become States, and
settlement is essential to that end This will b, conceded
But they golhee empty handed No; they may take
their properly with them. Whatproperty Why, whatever
the States whence they recognise property If this
were not the right of the States the and adj
vantagcs Of the Territories would be violated The people of
Ohio may carry their horses because Ohio recognises hores
property And the people Of Kentucky their slaves for The
same reason the later may be excluded, discrimination
unfavorabe to Kentucky made, and her right of
and equal enjoyment is violated Hence follows that Con-
gress, in legatng for the Territories cannot decide what
shall not be property but bound protect properly what
the States of the Union have determined be property
and Is carried there by their citizens respectively
This is inevitable and results aconscquence Of the
mon right Of the States the enjoyment Of the Territories
law, therefore, of Congress iorbddng the citizens Of any
of the States to carry with them into the Territories for their
use, their slaves would be violation of State rights and
breach of the sluton But am told that If there is no
law in the Territory authorizing slavery, to exist
soon as the slave touches the soil of the Territory take
the law TO be different. apprehend the rule be that if
State, by its laws, authorize citizens hold particular
kind of property the right continues and goes with the pro-
pey, wherever may co. until il be brought within another
jurisdiction which fobds it. For instance, Virginia has
ISL wherever the slave may CO. unti dissolved by law.
Virgnan, with his slave, may ail the ucrmo parts of
the sea, and the relation of and slave will in full
force, and must continue to exist until they brought
within some jurisdiction which orbds slavery. Now, Con-
gress cannot pass laws prohibiting slavery in the Territories
and have shown that cannot then the relation Of
and slave must continue there in full force and unnpared
But the citizen of avehodng State going into the Terrific
ny with his slave, not in the absence of positive
ment by Congress- without law sustaining bis title lie has
the constitution Of the United States which recognises pro-
pery in slaves and wei to his security in the Ter
ntory as in The State whence he came.
have endeavored Mr.. Chairman, 10 show that all terri
tory designed to become States with the powers and prv
leges OF the old States and that in the States Of this Union
this Government has right to touch the question Of slavery
II have been successful in this follows touch
in the Territories What this Government i not authorized
TO do directly do indirectly. The object Of the Will
mot proyiso 10 make nonsavohodng States that cannot
be done directly We have power say the slave
holding States, must berae your slaves the State
applying for admission you in until you have
discharged your slaves That would be violation OF the
constitution yet to accomplish the end, proposes
exclude the Shareholder from the enoy aud when applies
Tor admission It's society being all nonavehoder IL will OF
course be nonsavehoding State Thus by indirect
end is accomplished which forbidden do directly
Sir, The one gross violation Of the constitution the
other and the latter is somewhat dangerous because
is iDsidious.
The honorable member from Massachusetts, read II the
committee long list Of auth otes, elementary judicial and
Legislative, TO show the power Of Congress the Tero
what DO tney prove the peDcTal
Government had absolute power the Territories Not
al all They only sustain what have conceded, that Is
the duty of Congress establish temporary
themorther protection. They go further than tins He had
also cited and relied the ordinance Of 1887 have never
Mr. Chairman been able 10 the pertinency, feel the
force Of the argument dawn from That That
not proceeding under the constitution enacted before
the constitution in being and therefore be
position off But is said that known the trainers
Of the constitution, and covered all the Territories then belong
ing TO the Unied States and therefore be considered
as system model Of territorial government designed by
them Tor the Territories At any Afterwards sc3ured Ia
the first place, that ordinance did oil the territory
owned BY the United STATES the time Of the formation Of the
constitution. The territory which belong South Caro-
lima, and covering the Of Mississippi and part
Alabama at that time bad been coded the United
And, in the place, there evidence that the
OF the constitution designed give any such effect; in
truth the constitution affords believe that the
ordinance known iis trainers that Il had the
least effect 10 shaping that ns'rumen Nor does the sixth
article have che effect he suppose Tha, article had spe
cal reference to this particular engagement and, il IL had
should like know how this Government, If lis power over
the Territories supreme and unlimited would be bound by
the ordinance The idea, therefore, that II known To
and recognised and designed By the amers Of the conu
ton to he system applicable to the of all the
Territories OF the United States, fancifu fhery
unsustaned by fact Bot such the case then al the
ordinance is Of equal oce and must be adopted and nd
hered IL requires thai the Governor shall have freehold
estate in thousand Of land the Secretary in five
bundled Judge ia five hundred and each voter in ty
Now, possible that in framing governments fo
the Territories of The Unted States adhere 10 lesc
antiquaied requirements Sir, IL is shocking