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

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snuunraaii1a - earn haals Dr. CunsA1irn a 4
1 fsllasy = rssEy niE1.-
Ar rIliesge 0uId .erm. wiih ih~ pow
e. IL cassahdra. Ia have lnirseen lhss d
would b rallied npnn BIZ his osn pan,
flienas and sou'hern eosdjulors y v..ir %
> hlil sssling he legislative poWrrnf Nrs
MeKira IN Hour nlrn. and IhaI ~ I slifT
ma ~ Ere. MIN we're 10 BE- he rrraluTs,
of exfrnise appointment. When ihn
compromise bin MAS b, forr ns lnr scion
he would aPrsaF 10 have Iosi. ID n,
realization - The rIrrrise q surh pouei
hy cung'ess, lie horror with Rhish n.
aniirirsisd i. lie hrRgri the mon
siFssiiy, and ensi-lned The - fallsry.'
but there was 80 Inconsistency. Ills
magical metaphysics Vin.llra,e his rnls
upon The motion 10 Law lhs hlll npnn the
table. llereasoned uron ruth :. leilnrrd,' IS
bui voted npOn ruth !. developed"
The power of general lesislsli"n heing
established. whal il there 10 except tnwsI
over the suhjerl 81 slavery! No one con-
tends that IhrFe il any .xpnss clause in
The onsiilnlinn whirh "a rskiIicls IL.
Why. u MOI The power &c rongTe,s ever
The IeIrilnries - great rs The power nT 4
State Legislature over ihr State. Ma one
denies that State Legislature may l,Ehid
m establish Il within tie limits nf tie
Stale. Why may rat Congress rxerrise
the same power over lie ielri.orirs. II j.
said hy lhe Senalor from Snnih Carolina.
that The RESTITUTION il 10 be- found IN lie
nature and objects of The lInsi. admit
that Tie powers &c government are must
IN The hands uf ll0se Who constitute lie
Legislative branrh &c ihr Government. Bun
this is not trust subject 10 lie same rules
which are established by courts of equity
20 govern The relations nf lie trustee To The
resiHi gnp frnsf. Ii Is Trust All geH,Tis.
controlled by ils own principles. and the
trustee Is the supreme power. Take, cor
example. the Gaze fpuhlic property in the
hands Of The Government. 10 be disposed
If by sale. with view 10 lis settlement
and ultimate admission as State into the
Union. The trust does moi, rs lie sale,
attach itself exclusively To The fund which
arise from The sale. All interest in the
land is mol lost; iis nature only is changed.
II is the duiy IL The Government 10 look
10 The laws which ATE 10 govern tile pur-
chasers in tie u>e Of the property. both
with respect In their relations 10 ono
.,,a, has ,n.E A., IL, l.n.n..,.,..,.,. n, -. =
be purinsrryiupon sisis issri,~sl rousIs,;.,s,.
Otherwise you would make il obliealn-
~ upon the Government so 10 dispose oi
il as 10 make il bring the largest sum Of
money, without reference TO any other
matter. va,lel thus lays down the prin-
ciple:
AL the members Of a community have an
equal right TO the use of the common property.
But the body Of the community may make tuch
regulations on the manner Of enjoying il as they
think proper, provided that these regulations are
not inconsistent with tina, equality which ought
TO be preserved in community ofproperty."
"All the members OF body having al equal
right to their common property, each ought to
have the profits of it in o manner that DOES not
injure, in any manner, the common use"
These principles, applied 10 our action
on the subject Of slavery, would seem Ia
Indicate fair partition of our whole ter
ritory. with reference 10 lis situation.
soil, and climate, as the rue basis &c a
compromise. II is true that, strictly
speaking. the exclusion of slavery from
The territory wnrld not exclude any eli.
zen Of The slave States fiom setiling mthe
territory, bul il imposes restrictions upon
the enjoyment Of tina, right. which would
praeiically destroy. or unjusiIy impair it,.
On the other hand, while the liberation
of slavery would not prevent a citizen Of
the free States from going there, il is con-
tended that, according To his views. il inn
poses such objectionable political and So
cial encumbrances upon the territory, as.
practically. wonlh exclude him. As il
would seem. therefore. thatihe s,me por-
ton Of territory cannot be made equally
available TO both sections Of the Union.
we can only in partition hope for or OBJ
tain equality rf participation. The applI-
cation, however, Of these. and other prin-
ciples relating 10 government. i maltei
which addresses itselfio be sound discre-
ton Of Government itself In the APP.
plicaiion il must look TO the general COED
Of the whole. taking care never to sacri'
flee the interests OF any section Of the
country, or of any individual Of the COM
munity. unless The public welfare impe.
riously demands it. In the discharge of
this trust the Government may err. 1t
mny even abuse its powers. But could
its action be declared by our courts 10 he
unconstitutionals On the contrary, IL
would he The abuse Of a constitutional
power; violation of The principles oI
good government, and moi the assumption
Of unconstitutional power, The imagln-
ed rights Of the North or the South are,
at best. hutrighis nf imperfect obligation.
They could no, be enforced. Twill leave
this part Of the subject with The remark,