Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-23

in that way some might gain the advantage others
rhey are not allowed lay duties, because the benefits
e.ommerce might thus be distributed unequAly among the
rSiaes Turn where you will, you find the constitution filled
swh provisions this equality, and there is one
markable instance in which is clearly proved that the
ituton contemplated the States equal We all know that
when an election by the people for the Presidency fails to
made by Congress- whose sense is taken by States and by
the very provision of the constitution these States made
Ieoa SO that Delaware is influential New Yoik Penn
tsylvania.
II this equality among the States is fundamental pnnci-
pp essential the webeing and existence Of American
cey as organized under the constitution, ask, we
are moi bound the exercise Of every power whether granted
or implied to administer with reference to those limitations
The highest of all obligations upon government that OF
avoiding all acts which would change the organic and
impair the vital functions of the society which entruss with
poer for purposes Of destruction, but OF preservation
i the obligation Of the not to destroy the child ask
we are especially bound thus to act when come to
this question Of the organization of territorial governments
when is remembered that the people OF the States cannot &C
oure territory in seyeray, but must take it jointly Who
doubts that in the disposition Of the money arising from the
proceeds Of the sales of the public lands, equal distribution
is to be made did hear stated, on the other side that
Congress the power to dispose OF the property une
quay but who considers this proposition atenyely
for moment, cam think maintain It because to maintain
that there was an power dispose of these proceeds
would be to make all the limitations Of the constitution actually
worthless.
If Congress has absolute power of dsposng Of the pro-
cees of the sales of public property to that extent do
whatever eau be effected by moneynot only that extent
but 10 the measure of the whole public treasureo may
convert the money derived from taxation into property and
when that again reconverted into money the former resrc
tons as to its appropriation longer apply The reserva
tons of the constitution the States and its limitations upon
federal authority longer apply to the approprang power
and are utterly useless But who can seriously contend for
proposition which leads such startling consequences So
long as il is mere question Of money, will be almost uni
public property be made under all the limitations express
and implied of the constitution To show how deeply this
sentiment Of the equality of the States has entered into the
hearts Of people, would appeal every here if he
would feel it fragrant violation of right if hsse pro-
ceeds of the public lands given only part Of the States
if they unequaly distributed amongst them Iuean
said before the equality Of proportion, not absolute ety
II is in relation TO that other end to which territory sapped
the erection OF States and their preparatory settlement
and colonizaonhat the equality of the rights Of the Sites
important and is disputed. This right of clo-
nizng and settling vacant territory is the highest and most
important Of all that out OF such possessions. To find
and easy outlet for the discontinued p
ton Of the population object of the highest possible i'm
portance for every State. To plant this population positions
where they may grow from infancy into maured societies. and
the Confederacy valuable and sympahzng assoc
ates to give facilities for emigration value and mpor
lance beyond any thing enjoyed by other nations
How much have these very opportunities added to the
stability, harmony, and power of Confedeacy But this
right important ALL is most to the sayeholdng States.
deny it to them and conne the slave population within
Its present borders would lie deprive them of all chance OF
preserving weight enough the Confederacy protect their
rights under the constitution whilst would dangerously d.
nnish the relative superiority Of the white at home.
Without outlet for their redundant popuaton-w without
he of throwing off the dangerous and dsaeced por
ions OF society in its growth, which is the Dedcatrr
EB Of political system, and to be without any
snsbe weight in the government OF the Conedeacy-what
WOULD be the ultimate condition Of these States No impair
A man can consider these things without feeling that is
right plant cOonze, and settle the territory Of the
Cnfederacy. No just Judgment think be pronounced
on the constitutional obligations of Congress which does
MI maintain of the highest that of preserving the
Sites equal participation in the benefits of settling and
conzing this soil Of the Confedercy 1t is there
foe high and positive duty Of Congress protect the prop
cry of those who into the territory settle it. The
e Of government is the protection Of the rights of persons
ad property
fhe duty of governing these Territories devoves upon
Caes the obligation also rests upon protect the pro-
pe Of those who there to SETTLE occupy, and coonze it.
Bu have been told, when insisting upon this obligation
be part Of Congress- that it asking too murh that is
asking the free States to participate in the establishment Of
say But if the constitution imposed upon them that OBJ
lgsion, be charged with asking TOO much when
iemsnd that the obligation should be fulfilled II they
aredissased tired with the bond, let them say but il
the live under IT, lei them fulfil all the Obligations
witch that instrument imposes them. l. il, point Of
however, asking them establish slavery in the Terri
toles maintain that il is not The night Of property in
sge is established IN the slave State from which he
man dispute the right of property in slaves in the
SITE Of Virginia il belongs to the supreme power Of that
Site to in what things property shall consist and in what
ha not consist. II is Of the attributes Of sovereignty,
AL the State Of Virginia please that there shall he pro-
puy in slaves the State og Virginia, there property in
sIves and when property exists, remains Until is
dvested either by the Of owner the act OF law the
God II the slave is freed when he is carried 10 England,
us not because the has property in that save but
bcause that is inflicted penalty him for bringing that
there. II you 10 carry into the court Of King
lench any question arising Of slavery, in contract made
State where slavery existed and raise the point whether
tere property in the save in case belonging to the
in which the law Of the place where the contract made
pyerns IT, undertake 10 say that the court would enforce
contract which depended upon the existence Of that pro.
ey. undertake to say that they must do according TO
Il principles Of national law deny the existence Of
eighty that foreign State II sovereignty exists belongs
il say in what property consists Now, if could
denied in Europe that property consists in slaves cannot
fortOr, be denied in Massachusetts, Vermont because
he existence Of this property recognised in the constitution
II slave escapes TO Vermont that state Is under obga-
lion 10 restore him 10 the II an instruction
Southern State, all will admit also that there cOnstu-
ions obligation resting the Government TO put il down.
1t is admitted therefore, by the constitution that there pro-
perry in slaves and if the slave be freed because bis master
carries him Vermont Massachusetts,, he freed,
for the that there property in the slave but be-
carries his property TO territory which the joint pro
perry Of all shall he be Invested Of penalty for going
upon bis land do say that it is his sepa-
ately solely but all Of il is his jointly and dves him
Of that property for going there would be act Of practical
abolition, which would be very little exceeded in s stretch
Of authority by for abOsbing slavery in Tie States
But go further If this property exists IN the slave, and