The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1848-09-20

sinners. San.usI Johnston and Rrnjaniil
Hawkins, I neei sni kinP - tel my col
hague Who Rrrjsmia Hawkins Vas. a
hon many n hls respectable descendant
are now IN she district lie represents.
there Is PrnEiso ~ rendition thai :. nj
regulation msde. or 20 ~ made. hy Con,
erss. shall tend 10 snaanripale slaves
| This admits lhe pnweT Ia lie IN Congress.
and i proves also that. in those DAYS Il
simplicity. \ :. Trgulaiiun'' Mas not lhnughl
IN b. rtry different Thing from a Law.
Al all events. whsiher laW orun,. Il Was
ihouehl comprehensive enough to abolish
slavery.
Let us nav see what is the rendition
Of The territory Of The United States A. TO
slavery. in The absence of III legi.laiinn
By Congress upon the suhjerl. sllall
dirseI my remarks To New nexir" and
ralilnTnia. Oregon is only important Ia
tie South as part "a pEnpnsei rnnPrn.
mise. Nobody believes Illai, under any
circumstances. slavery ran erer ga there.
Stacey will cease 10 exist. WHEN slave
lnhnr Is reduced 10 hunting hear and sci.
ling beaver traps. II our territorial acqni-
sliions lad been confined 10 ilrrgOn. ex-
tended eErn ~ Sc 40. No should moi now
be drlIberaiirg how tie Republic is io be
saved. New Mexico and California arc
The apples &c discnrd. We are already
rearing The bi,irT fruit &C national cupidi-
~. crnld nv voice pre- al. they sh"uld
never become parl of our country. We
might vet throw away the worthless ac-
QUESTION. AZ a lrgi.lalnr. however. I
must look al things rs they actually will
exist. not as would have them.
Without some action rs Congress. ran
slavery exist in those territories! lf le-
gal authority is cf any weigh, Il cannot.
Blackstone thus writes on The subject:
III bath hccn held, that il an uninhahited
country be discovered and planted by English
subjects. all The English laws then in being,whicl
are the l1Fihrsht Of every subject, are immediate
y there in force
.But in conquered or celcd countries. thai
have already laws Of their own. the King may
iHeeti. ater or change ihosc laws; bot tIli ne does
actually change them, the ancient laws 0f the
country remain. except such as are sgsinst the
laws u God, us in inhdel countries"
! Chief Justice Marshall. in his opinion
in the Case Of The American Insurance.
campang as. Threa hundred and fifty six
hales of cotton. q Peters Reports sag. J
adopis this principle as the rule Of our
courts:
eThe usage Of the world is, II nation he not
entirely subdued, to consider the holding Of con-
quered territory as mere military occupation, un-
Ill lis fate shall h. determined at the treaty OF
peace. lfit he ceded by treaty the acquisition is
confirmed. and the cedrd territory becomes part
Of the nation to which il is annexed, either on the
terms stipulated in the treaty, or on such as its
new master shall impose. On such transfer Of
property il has never been held that the relations
of the inhabitants undergo any change. Their
relations with their former sovereign are dissolv-
ed, and new relations are created between them
and the Government which has acquired their
territory. The same act which transfers their
c,untry transfers the allegiance Of those who re-
m lin in it; and the law which may be denonnat-
ed political is necessarily changed, although that
which regulates the intercourse and general con-
duct Of individuals remains in force until altered
by the ncwly-created power Of the State"
II has already been stated that the laws which
were in force in Florida, while province ofSpain,
those excepted which we're political in their cha
racter which concerned the relations between the
people and their sovereign, remained in fnrce
until altered by the Government Of the United
States"
Slavery lisa municipal regulation. The
doclr is to he found in the ease "f Prigg
rs. The Commonwealth Of Pennsylvania.
reported in 18th volume Of Peters Uni
ted States reports, page GIL.
BY the general law Of nations, no nation is
hound to recognise the state of slavery as to TO-
reign slaves found within its limits, when il is in
opposition TO its own policy, &c.
1T it does, it is as matter of comfy and not
a matter of international right The state of sla-
very is deemed to be mere municipal regulation
founded upon and limited to the range Of the Ter
ritorial laws.
The Constitution, il is true, extends
over all territory which the Government
acquires, Does il carry slavery ,here' |
have never heard il slleged that the
Constitution established slavery; the ar
gumcnt is that il recognises il; this IS no,
strictly true; il recognises the municipal
laws and regulations Of The States which
ADM, il, as far as they have any opera
tive force. that is. within the territorial
limits of the State. II gnes no further.
except in one particular case provided for
expressly in the second section Of the
fourth article If slave escape" into
the free States. he must. under that clause,
be "delirered up IN claim;" his owner
may take him back 10 States where the
institution exists. He csnno, hold him
in slavery in the free State in which he is
taken, any longer than, under the rlrcum
stances, is necessary TO carry him 5acS.
II The Constitution recognises slaves a.
property, wherever they may be wilhln
The same doctrine is affirmed in Jones vs.
/ Vsnzandt, McIean's r., COL, and in many O
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