Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-01
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the United States Upon this suhjeca distinguished politician
from the South chr. CALHouS, in the other wing OF ihS
budng some twelve months since, laid ACKNOWLEDGEMENTS
which are, substance, can remember them,
these The territories of the United States, being the COM
property of the Uno held by Congress IN uus Tor
the and benefit Of all the States and their czes secondly
that Congress has right 10 exclude law any eens 81 me
United States from going into any part Of SAID leoes anu
carrying with them and holding any such property as Trey
allowed TO hold in the States from which they come ms
view, though perhaps plausible at the h glance really
the shallow and superficial that could possibly be pre-
sented Admitting the first general proposition to be true,
(and no lair mind question IT, that me territories o he
United Staes held by Congress in trust for The use ana be-
net of all the States and their citizens, am Tree 20 confess
that, Congress should that it most advantageous to
allow all the citizens occupy the territory IN common with
property, doubtless ought so to prov@ Dut Nsequay
clear that if the other hand Congress should see that all
the citizens of the United States could not thus advantage
ousy occupy all the territory in common, 1t might divide the
TO assign certain portions TO particular classes or per-
sons. Why, sir, according to this mode Of reasoning II
might be insisted that the amy could not be divided SO as TO
place particular regiments and companesto defend certain
in exclusion Of Others because each regiment and each
belongs the whole United Saes and Congress has no
right deprive any State Of the services OF any one soldier
Each national ship must be employed to convoy every mer-
chairman at the moment Yes, SIR, according 70 THIS
system of ratiocnaon inasmuch the Nationasleasury
belongs the whole United States each dollar therein be-
longs all the citizens and Congress- therefore, has no right
direct the expenditure Of particular dollar in one State
and thereby deprive all the otheL citizens OF It's enjoyment
But these propositions sir Too absurd In themselves to
Justify serious consideration, and only have referred to them
all because Of the high quarter from which they come
RETURN them to the great question, What is the condition
of the territory Of the United States might possibly be
argued nasmuch the constitution provides for the repre-
senaon of slaves and for their admission up to 1905 and IS
totally silent what part of the United States they should
be confined to- that may fairly be presumed that they
intended to be excluded from part of the Union except
far the States themselves might determine exclude them
and that therefore Congress had right to interfere in the
matter at all. lay stress, however, this argument
but think that the question be settled other principles
The constitution gives Congress power to dispose of and
make all needu rules and regulations respecting the territory
Of the United States This grant Of power general and
vague To ascertain its extent implication
1t has sometimes been conended that the right Of
ment for time in allegiance suspended TO the terri
tories. To this view cannot assent: the right " segoy
eminent naturally belongs to every community that right
can be annhla,cd destroyed though may
erred Unless other community sovereign has
qued the authority to control it, the first community always
possesses the right Of egovernmen So neither these
powers be in state OF suspensions except by their being tenn
poary transferred TO other Sovereign Government
II conceded all hands that the inhabitants Of the territory
have right Of legislation, and is equally clear that
Of the States have any power govern it. All the powers
that be exercised belong Congress alone Congress has
power make all needfui rules and regulations But the
of all communities in legal contemplation the
the wants Of the territories may be and in fact great
those of the States 1t TO then, Mr. Chairnan
with due Difference those who have given the subject greater
consideration than have been able TO do that Congress in
egsang for the territories is controlled only by the consttu
ton of the United States 1t is equally true, however, that
the people OF the several States likewise controlled by this
constitution whether acting convention through their
binary legislative governments they do nothing contrary
to it, Congress has then the territory just SUCH powers
its Legislature would have after it became State. Both
are controlled by the constitution Of the United States the
supreme law Of the land As this constitution is silent in
a,on slavery has been argued the hand that Con-
gess do nothing exclude il from the territory the
other hand it is asserted with equal confidence that for the
reason there power to establish the institution
These two opposite views worthy antagonists, and shall
leave them to CONTEND not fearing that either will obtain
victory over the other.
Congress has general Legislative powers oyer the terrific
res but Of the important duties Of the law making
power to determine the rights Of property What shall be
property how titles shall be acquired and maintained it the
province of the municipal law of every country determine
This principle generally recognised and has been uni
vesaly acted among mankind that need not he enlarged
upon II has been insisted in certain quarters however that
liberty being the natural right OF all property could he
quired persons and that all attempts Of Government
egaze slavery any form to be esteemed unnatural H.
legal and utterly void To deny the right Of Government 10
recognise property in persons easy because easy de-
ny any thing but to determine what natural among men,
you must refer to the conduct and practices Of mankind gen.
orally To ascertain what powers Governments properly
exercise you must refer TO the action Of political States and
the conduct Of nations generally In this mode determine
the laws Of nations and the rights and duties Of Governments
Under the guidance Of these principles how are we 10 deter
mine the question We find that the nations of the earth
from the earliest historic ages have generally recognised and
established the system of slavery As 10 how the matter was
but do know that shortly after the latter the nsu
ton existed not only among the patachs Of the Jewish peo
pie, but among all the nations from which we have any ac-
Among the Jews slavery limited in this respect
If male Hebrew became slave one Of his own country
men, after years service he made Free But this
privilege seems not have extended to bis wife, il slave
to his children il held 10 apply slaves OBJ
tanned from other nations From those times downward the
institution generally 10 have prevailed among the nations
Of the EARTH If the free States Of Greece Rome and Car
thage seem have hada larger proportion Of slaves than
Of the nations Of their day is doubtless be attributed 10
the fact that those Republics by OF their superiority
both in civil and military and science were more powerful
than their contemporaries and thereby able TO make larger
number Of captves in So general the system that
while find those who denied the right Of property
in land il difficult to discover people who questioned The
night TO make property of persons At length the Council Of
Macen towards the end Of the sixth century after Christ de-
creed that Christian should be compelled remain slave
and Gregory ordained that heather DESTROYS Of becoming
Christian should be retained in slavery From the limitations
Of these ORDERS obvious that they made not so much
20 promote the natural rights OF the spreading Of
Christianity.
During the thirteenth century slavery is supposed 10 have
ceased IN Italy, and long afterwards in Of the other
nations q Western Europe In England find Henry the
Eighth N the year 1914, during of his pious fits manu-
milling two his vens, and by the close Of that century
slavery appears have ceased in England On this side OF
the Atlantic too the institution has generally prevailed in
former unes, and since national existence commenced
peVaed IN all the then States Even in those States where
slavery proper has been abolished, well in England
properly IN persons still recognised, and the wife aud chill
den are regarded IN law the Of the husband
1 m wharf,