The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-08-23

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} pute o controversy. For the case cited
!. from Nr. Giles by the honorable member
from Virginia makes no exception to what !
have ~serted. That was case where ne
gro hal been imported as slave in violation
of the avs of the United States against the
slave tade. The question was, whether
such negro fell untr the jurisdiction of Con-
gress, whose laws we're violated, or the State
Legislature. Tn decision was that he fell
under State autbrity. The argument re-
lated 70 the queson Of the rights of the SOW.
ereign States. rrue, the consequent action
Of Congress in ne matter placed the terrific
rial districts d the same footing with the
States in this articular; but this implied no.
thing more ian that the charter govern
ments of ofsuc'districts were supposed to con.
fer upon TIM authority in The matter. 1t
did not mea, however, that previous to such
charters II people found on the public land
would ba, had any such jurisdiction. Ger
tainly Joh Jacob Astor and his trappers on
the Oreoa river could not have ousted
Congress of jurisdiction in like case.
But th advocates oflhe right Of indepen-
dent egsltion in the districts involve them.
selves ina most extraordinary dilemma
By what:ourse of reasoning would they cs-
tabIish tk authority of the constitution over
those diric,s7 The people there are not
parties tdhe Constitution. What right has
Congress to "con money" for them, or regu-
late "wghts and measures" or establish
post offies and post roads'-or, indeed, TO
exercise over them any Of the delegated
powers? Those districts have delegated no
such porers to US. They are not rePres-
entedl kre; nor do they participate in the
election of President. The maxim OF the
right olself government is not restricted 10
"inlernl affairs" as the argument Of gentle
men would seem 10 imply. 1t compreheHas
whereit exists, all affairs, internal and cxter-
nal. We have no more right to force upon
themthc Constitution of the United States
than subject them to the legislator Oh,
Congress. Both acts are equally incomPatI-
BILE with their right of self:conlrol. But, sir,
it is ,eedIess to argue further against such
egreyious folly.
But gentlemen will insist on the source OF
power in Congress being pointed out. am
ANXIOUS to satisfy their demand; but my Po-
stioa is so strongly fortified by authority,
and by the manifest absurdity of the opposite
position, and rests so stably in the sound
sense of practical and judicIous minds. that
l could moi feel justified in OBTAINING the com;
miltee with a detailed argument. shall
satisfy myself, therefore, with giving a clue
to what conceive to be the true view OF the
question.
The great and fundamental usurpatlon OF
the old Congress, under the articles OF con-
TO own external pr1rnrrSh nep51haate'ffetees:'
This being done, almost everything else fol-
lowed as matter of course. Ihe conven'
ton that framed the Constitution found those
dependencies constituent elements Of the Un.
ion. They found the Union composed part
" of sovereign States and partly OF depend
ent Colonies. And for the Union, so con-
di,ioncd and constituted, they made the con-
stilulion. The Constitution, in its preamble
expresses itself to be made "fOr the United
States" that is, for the States already united
The Constitution did not create the Union
but only made q new government fo' IT.
| could adduce an abundance of authority IN
support of this proposition. The convention
did not think it worth while to create pow
er to own these dependencies. Such
power, although usurped, had been fully ex
ecuted and finished, and had resulted in &
permanent condition of things. The terrific
ries are therefore only alluded to in the Con
s,,ution as already belonging to the Unlteo
States. The territorial districts. with then
governments; their United States Judges
governors and councils; their delegates sit
tino on the floor of Congress, with the prlvl
lege of debate; continued over under the
new Constitution, just as they existed under
the articles of confederation. No mentor
was made of them.
The force of what have said will be
come more striking from an illustration
Suppose we should all become convinced
that Texas had been unconstitutlonally ad
mi,,ed into the Union; would we think o
dispellng her! Surely not. Would W.
think of altering the Constitution 50 as 70 lie
palize The act! Not at all. Although conven
ton should be actually in session, with com
petent authority to rat(y the act, PROPOSE
ton for that purpose would be laid on the
table as nugatory. And such a course
would rot be yielding to the force OF mer
precedent, but to the force of circumstances
an irreversabIe condition Of things. Thu
will be seen the situation Of the trainers
the Constitution in relation to the terrltorla
possessions. And if we will endeavor 4
realize their situation, we shall find no d'ttl
Guilty IN realizing how they reasoned.
Now, from The ownership of a colony ther
followed, as a matter of course, the right t
make all laws Unnecessary and proper, to
colonial possession. The fact OF ownership