The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-20


United States have the right to acquire terrtoes would
seem follow by necessary consequence thai ney nsvs
the right to them As they possess the entire right
of soi dominion and sovereignty over them, they
necessarily with them the right govern. Bat this
government as the sole agent and representative Of The
ohnca oseshat is tbs States Of the Union ia their fed
erai chanc'er-mua, such possess the sole right
exists al an But there be any disposed to take
dIheren. view of the origin of the power, shall make
no points win MN, tor whatever may be its origin, the
conclusion would be the same, shall presently show.
But would be great conclude that Congress
has the absolute power OF governing the territories
has the sole exclusive power The reverse ia the case
subject TO many and important restrictions and cond
ions, OF which some expressed and others implied
Among the former may be classed all the general
and absolute prohibitions of the constitution; that H.
all which prohibit tho of certain owers
under any circumstance. la this class is included the
prohibition of granting titles of nobility passing sr post
laws and bills of aander the suspension Of the
writ of habeas corpus except in certain making
laws respecting the establishment of religion, pro-
hibng free exercise and every other Of like dsscrp
on which cOncusvely shows that the of Congress
the territories absolute. Indeed, it is great
suppose that either this the State
possess in any absolute power Such power be-
long only To the ultimate power called sovereignty
and that system resides in the people of the several
States of the Union. With u.s. governments, both federal
and State, are out agents. or moro properly trustees ano
such possess absolute, but subordinate and limited
powers for all powers possessed BY such governments
the restrictions to which that class of powers are.
Among hcm they restricted to the nature and the OBJ
jects of the rust and hence government under sys
federal Stale has the right do anything lncon
with the Of the powers intrusted the
objects for which ntrusted express it in
usual language for which II delegated To do eitheg
would be to perver the power TO purposes never intended
and wsud be violation of the constitution, and that in the
most dangerous way could be made because more easily
done and easily detected But there another and
important class of which directly relate
subject under discussion refer to those imposed
the and character of the party who
constituted the trustees and invested them with the us
powers be exercised for its benefit In this IL tho
United Statesthat ia several States Of the Union.
NATIVE or trustee and ntrused with powers be
ercised for their common and JOINT benefit 10 them IN
their united character the territories belong expressly
declared by the constitution. They their joint and COM
owners regarded property land and in them
severay, reside the dominion and sovereignty over them
They are as much the territories anoherof
Virginia of New York; of the southern the northern
States. They territories of all, because heY arc
the territories Of each and not of EACH because they are
territories of the whole Add this the perfect equal
ity of dignity well rights which apperain them
members of federal Union, which all writers
the subject admit be fundamental and essential relation
between States united and must be manifest that Con-
gress governing the territories give preference
advantage State another or TO one portion or
section Of the Union another without depnv'ng the
State section which the preference given from
which the advantage withheld of their clear and unques
tonable right and subvertng the very foundation which
do than subvert the constitution ITSELF Indeed the act
itself would be subverson. Ii would destroy the relation
of equality the part of the southern States, and enk
them dependents of the nOrthern to the total de-
strucion of the federal Union. Els Isl =, .
l have shown trust. beyond controversy, that
Congress has whatever to exclude the ct<ens
the southern States from enigating with their into
of the United Slatcs exclusive
Of them the North now propose to 60 ono
step further and show that neither the inhabitants Of the
territories their legislatures have any such right
very few words will be sufficient for the purposes for of all
the positions taken hold tina. which claims the power
for thea be the absurd II the belong
the United Sales the ownership, dominion, and
eguy them be in the States of this Union, then
neither the inhabitants of the territories their legsa
tures any power but what subordinate to
them but il the contrary could be shown which hold
be impossible would be subject all the restrictions to
which have shown the power Of Congress IT, and Tor the
reason whatever power they might hold, would in
the supposed be subordinate the constitution, and
controlled by the and character Of political ns,
tuons But il the be truef the dominion and
sovereignty over territories be in their inhabitants in
stead Of the United Sateshey would indeed that
have the exclusive and absolute power of governing hc
and might exclude whom they pleased, or what they
pleased. But tht case they would be the
of the Urited States the moment acquired them
and permit them TO be inhabited The first half dozen
squaters would become the sovercgns with full domn-
and sovereignty them and the conquered people OF
New Mexico and California would become the sovefegns
the country they become the territories OF the
United States vested with the full right Of excluding
their conquerors There is no escaping from tho aerna
tive but by resorng the greatest of all absurdtes that
would reside in the United States and par, IN the nhab
ants of the territory. How can sovereigntythe ultimate
and supreme power of Staebe dvidedi The exercise
of the of sovereignty may be divided but how can
there be two supreme powers?
We are next told that the laws of Mexico preclude sla
very and assuming that they will remain in force until re-
peae il is commended until Congress act for
their repeal the citizens of the South emgate with
their property into the territory acquired from her, ad
init the Of Mexico prohibit, slavery, but slavery
the form with The Pnros mach slaves
negroes and less Intelligent and well treated
But deny that the laws of Mexico have the effect
lrbuted them. As the treaty between the two
countries ratified the sovereignty and authority Of Mex
the territory acquired by becomes extinct and that
Of the United States substituted in place, carrying
with the constitutions with overriding control all
the laws and institutions of Mexico inconsistent with it, 1t is
true the laws of the territory not inconsistent with
the condition and the of political sysem would
according writer's the laws Of Nations remain
changed of right, but merely Of suffeunce
and between the inhabitants Of territory, order
avoid Of anarchy before they be brought under
our laws This is the limits which sufferAnce
goes Under it the peon system would continue but
10 the exclusion of such of citizens may choose
to emgrae with their slaves other property, that
may be excluded by the laws of Mexico The humane pro-
of the laws Of nations 60 farther than protect
the Inhabitants in their property and civil rghs under their
former laws, until others be substituted. To extend
them further aud give them the force Of excluding
grants from the United States, because their property
religion such prohibited from being introduced by
the laws of Mexico, would only exclude great major
y of the people of United States from emigsting
the acquired territory but would be give higher author
ny to tho extinct authority of Mexico over the territory
than to actual authority il. say the great ma
orty for the laws of Mexico only prohibit the nroduc
on Of slaves but of many other descriptions Of property,
and also the Protestant religion which ,ngresa self
not prohibit. To such absurdty would the superstition
lead. laf.. I,rs..,,
have now concluded the discussion far a. relates TO
the power and have, trust, established beyond contro-