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

4
Again, in subsequent part Of his remarks
There can be civil dominion any territory of
United States which founded upon the constitution
Two distinct positions abe result Of argument bas
upon truth reduced the other upon truth developed
admit the proposition that the right to acquire brings wi
~ ca aecessifdfe, the right 10 govern territory but belize
that the clause in the constitution cones expressly upon Coz
gress the right to egse for territory belonging to the I'm
ted States we have right to acquire foreign territory
der the constitution, which prepared to admit the
It must necessarily fall under the description of property pr
vded for by that clause Laws rules they define
10 all the books The word rule in It's primary sense is
comprehensive, but is often used anonymously with law
law Is particular kind of rule is " rule of action prs
scnbed by the supreme power State This is the
Kind OF rule meant by the constitution My colleague fo
ing the remarks Of honorable Senator from South Carons
MR. CALHOUN as they " developed in speech, mad
after his OF the sto June says that this power restricted
such rules as necessary dispose OF the lands Hgves
reason for II but the Senator from South Carolina does This
Senator that the rules and regulations are nc
applicable to government " hey applied in h
constitution "they refer to property, things, PFC
cess such rules OF court nd, by reference TO the
sulion, power given Congress to regulate commences
"o establish uniform rule Of Naturalization J" to max
rules concerning captures on land and water rs for I'd
government of the land and naval forces" The honorab
Senator III my judgment equally unsound in his argumel
that the words or other property must restrict the powe
which would be given by the rules and regu
aons nasmuch they show that those relate TO ID
territory regarded property only The is obvious
The property which Government has in its territory nc
simply in the estate the title to the land il is the EN-
preths very right of sovereign command II the title
every of the land had been granted away it would s,
be the territory belonging the United States, and wouL
strictly ard properly bedenomnated its property In the YER
message under consideration, Mr. Polk, in his unsatisfactory
account OF the value of acquisitions that il this
very sovereignty which have acquired that constues
indemnity for the past But however that may be, my col
league admits that Congress has the general right of ea
ton over the Territories and does the Senator from South
Carolna although they do not derive that authority fom the
express wolds OF the constitution This compromise bill,
called, admits by the strongest implication. Il makes
form OF government for Oregon, California, andN Mexi
CO. In New Mexico and California it establishes kind Of
ogarchy Withholding from the people of the Territories any
in the Of the laws that govern hem.
The Legislative power oil vested in their governors secta
ries and judges. This ant-repubican feature of the BILL
and the anal gamaon of the power which enacts witt that
which interpres declares the law, would be sucenn
ordinary TO determine my against IT. No who
advocates this bill deny the right Of Congress to slate
upon the subject, for il upon that assumption that its char
acier compromise is founded II is at least in,epdeo
make the impression al the North that it afms the prohi
ton of slavery in the TeAory Of Oregon for limited time.
If may be allowed DEPRESSION here will commend -
the attention of the House another extract from my colleagues
speech which, when taken in connection with his subsequent
VOTE affords another striking example of his powers of vatc
naton well as the practical application OF his doctrines about
truth
know that IS asserted and that by Southern statesmen
that Congress has unlimited power Of Legislation the Ter
rtores but il this true then Congress may by Law commit
the entire government Of the persons and property in the Ter
the will Of single nciydual and thus present the
anomaly of deposm created and sustained by the constu
ton ITSELF conclusion monstrous only require the
annuncaon to carry home the conviction OF its tllacy to
ry mind" ... .
have oreseen that lie would be called upon by his par
ty friends and Southern coadutors vote for bill vesng the
legislative power of New Mexico four men, and that Of
California in FIVE who to be the creatures OF executive
appointment. When this compromise bill before for
action he would appear have lost the realization Of the
exercise Of such by Congress- the horror with which he
anticipated it. He Rugged the monstrosy aud sustained
the falacy, but there Inconsistency. His magical
metaphysics vin5tates bis upon the motion lay the bill
upon the table He reasoned upon truth "educed, but
ted upon truth developed"
The power OF general legislation being established what is
there except the subject OF slavery No one
contends that there is any express clause the constitution
which restricts IT, Why, not the power Of Congress
over the Territories great the power Of State Legsa
the State No denies that State Legislature
may forbid or establish within the limits Of the State. Why
may Congress exercise the power the Terri
tories II is said by the Senator from South Carolina that
the restriction be found in he nature and objects OF
trust. admit that the powers Of Government in
the hands Of those who constitute the legislative branch Of the
Government But this not trust subject the rules
which established by courts Of equity govern the rea
tons OF the trustee to the cest que trust II is trust sui
gns controlled by its principles and the is the
supreme power Take, for example, the Of public pro-
perry in hands Of the Government be disposed Of by
sale with view Its settlement and ultimate admission as
State into the Union. The does not by the sale,
attach itself exclusively TO the fund which from the sale
All interest in the land not lost its only is changed
1t is the duty Of the Government look the laws which
govern the purchasers in the Of the property both
with respect their relations another and the Gov
II must be purchased upon this implied condition.
Otherwise you would make obligatory upon the Govern
dispose Of make bring the largest sum Of
money without reference any other matter Vatte thus
lays down the principle
Gan the members Of community have an equal right to
the OF the property But the body OF the
muny make such regulations the manner Of enjoying
they think proper provided that these regulations
inconsistent with that equality which ought be preserved
| a community Of property"
the members Of body having equal right to their
property each ought have the profit OF in man.
that does not njure, in any manner the use
These principles applied to action the subject Of
slavery, would to indicate fair partition Of our whole
territory with reference TO its situation SOIL and climate
the basis Of compromise II that strictly
speaking the exclusion OF slavery from the territory would
not exclude any citizen Of the slave States from settling in the
terntory but imposes restrictions upon the enjoyment
that right which would practically destroy or unusty impair
it, On the other hand, while the federation Of slavery would
prevent citizen Of the free from going there is
contended that according his views imposes such obec-
onabIe political and social membranes upon the territory
practically would exclude him. As would SEEM there
ore that the portion Of territory be made equally
available both sections Of the Union, can only in par
tton hope for obtain equality Of participation The an.
pcaon, however, Of these and other principles relating 70
government is matter which addresses itself the sound
discretion Of Government itself Ia the application mus,
look TO the general good Of the WHOLE taking care never
sacrifice the interests Of any aecon o. the country any
nltvtIu NJ Tho 49,