The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-27

force and distnctness that prophetic strain he spoke of
them as past already Again This is the age of progress
Ia the olden time, said coming their
shadoc before " and now the mighty improvements Of
the day. amidst the wonders of steam and electricity may
well be that coming tcords cast their sounds before -
And thus happened that my colleague of the House, in
the dark hour OF midnight had his spirit troubled with
vision so clear OF the arocty which should commit on The
second OF June that became impressed upon his mind
past event. and, such, he alluded to the first And
then his patriotic horror this clear foresight trhs
ing of my offence, mpeled him make plous appeal TO
Heaven IN these words Immediately following those which
have quoted
Gracious heaven reduced to this Is our only,
our ia nope the verdict OF jury whose interest," WHO'S
eeng ana whose organization fix that VeTdc against U.S.
And little after. still referring to me, he excaims
And do southern state sound the first oreea
Does the flag fall first in their hands %
Now, as intend 10 advance again that atrocous senti
which, delivered by me on the second day of June
awakened the prophetic horror of my colleague of the
House on the first and his speech, doubt with the
kndest feelings towards printed and circulated
ensvey In the Stae of North Carolina, the Senate will
why have made this reference, and that demanded of
matter of respect and grateful consideration him.
that should state the grounds on which my opinion rests
opinion, by the expression of which have, according
to his phrase sounded the first of retreat" from
position which have assumed and thrown down
flag which never raised.
In order full understanding of my views it neces-
sary that should go back little in the argument, and
show that this government has right acquire territory,
and whence that right derived Upon this point different
sets, Mr. DAVIS, IN very able speech on this subject
treated this onis In the constitution, held the
power acquire assumed one and the right govern
consequence merely of the acquisition. In my opinion
the power to acquire territory expressly conferred upon
the government of the United States by the constitution
The President by and with the advice and of the
Senate, has power make treaties Congress- has power
to declare The constitution specifies particular
kind of treaties included in excluded from the grant.
Nor does specify the purpose for which to be
waged, or the manner in which is to be concluded but
leaves these necessary incidents the reay-makng
and war-makng powers respectively. Again. the constu
n DreA reA inn
treaty makng power but declares that all treaties made,
which shall be made under the authority Of the United
States, shall be the supreme law of the land" Whatever
limitations, therefore, may from the necessity of the
be insrred-as for instance, that treaty be made
to destroy the government the constitution any nte
grail part OF the or to introduce any new element OF po
cal power is certain that the eatymakng power is
subject express limitation whatever When the
formed, various kinds of treaties
among natons and all these undoubtedly included in
the granted power Among these of cesson by
which the United States might acquire well cede
The power is large and the limitations upon it,
they be- have not yet been defined applied
The of this power may be judged from few instances
furnished by the history and practice of the nation
First BY treaty the President and Senate exercise
power expressly conferred upon Congress For example,
they regulate commerce, and confer citizenship Again,
by treaty United States power
reserved to the Snes Or this examples are found in the
treaties with France and the Netherlands by which the sub
of those enabled to succeed to the inner
of lands the United States without becoming
uazed thereby the laws of the States excluding aliens
from the succession repealed and abrOgaed Again,
by treaty the United States up demand for debt
which has been by due of law paid and satisfied.
This done with regard to the British debts which had
been rghuly con6scated by State authority during the
of the respective States And again, by treaty the United
States may acquire authority to Judicial tribunals and
confer judicial power within the territory of foreign and
independent nation Of this have an example in the
bill now table--to such tribunals and confer
such powerto be exercised in the empire of China. 1t
seems, therefore, to follow necessarily, well from the
ntnf aoft
that the President and Senate by treaty. may acquire terri
tory United States When that acquisition made
by the exercise othe thus granted the. constitution
coners expressly upon Congress the power egae
government of the territory acquired For coners
Congress the power make all laws necessary and pro-
per for carrying execution the powers vested by this
constitution government of the United States
any department officer thercof To my understanding
1t Is therefore plain that by the eaty-makng power we
have authority to territory and by tho
provision have cited, Congress has express authority
to egisate for it when acquired Now, sir, upon this
power what are the restrictions and where are they to
be foundi There plainly the constitution ITSELF
II thing for think that certain restraints upon
the exercise of this power would be convenient would at
this particular time be reasonable, would subserve the in
of section of the country in which happen
live you please the general interests of the whole; and
another and very different thing to show actual re-
and proper mode of exercising authority and addresses
self those in whom the power il vested. The other inn
plies actual exclusion of the power which leaves nothing
for exercise of discretion ALL The honorable
from Virginia Mr. HUNTER remarked that, ahoughit
him absurdty deny Congress the power gov
the Territory, yet that power be exercised in sub
ordination general rule given in the constitution
He undertook specify case and certainly
very unhappy illustration of the rule he had laid down.
He remarked that Congress bound establish
Territory republican form of government. Why, sir,
what has been heretofore the action of Congress What
do propose do by this very b Establish arepbl
form of government Why, the President and Senate
send four New Mexico and five to California,
who without the previous request subsequent sanction
Of the people there exercise legislative, executive,
l,c,oI Io lu
what the constitution calls republican government
government which the people governed do elect their
governors and do the smallest restraint
ol, influence them Sir preposerous to call
such institution republican. How, then, do gentlemen
make out that from this general power of government con-
Guiding the institution of slavery Slavery, exists
under the constitution of the United States, State ns
tuition. II exists in the States which allow a State in
sttution, under their laws 1t does
lion of the United States 1t institution that
origin any law of the United States by which slavery
introduced established recognised by the
stuion of the United States otherwise than as State
luton. The only reference to it in that instrument the
simple provision by which persons bound labor
State, "under the laws thereof and escaping into
another shall be delivered complaint of the party
whom such service labor may be due. Where them do
gentlemen find ground for the conclusion that although
Congress has power govern these Territories every
other particular has govern in regard
this particular institutions Ii the conclusion right
would not follow that introduce slavery much be-
yond the power of Congress as to exclude it,
Mr.. President the opinions have expressed do not de-
pend on any reasoning of but without referring
the precedens which have been furnished by the past
history of the government fully by the solemn
and considerable Judgment of the Supreme Court of the Uni