Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-08-18

and IL is not subject the jurisdiction Of
any State. II must consequently be under the domn
Ion and Jurisdiction of the Union, or II would be with
out any government at all."-(Sory vol 3, ?. l9fl-
"With respect to the vast territories beloneng to the
United States Congress have assumed TO exercise ose
them supreme powers OF sovereignty. Exclusive and
unlimited power OF legislation is given to them by The
Constitution and sanctioned by judicial decisions -
Kenl's Com, vol. J. p. 3s4. Both of these citation,
rest the authority of the American Insurance Compa
ny rs. CanteI, l Peters Sup. e. Rep. Sill; in which
Chief Justice Marshall for the Court holds this Ian
guage regard TO the citizens of Florida, then terri
tory They do mt, however participate In political pow
err they do not share in the government Till Florid,
shall become Stale. In the meantime, Florida con.
tintes 10 De atentoy of the United States, governed
by virtue oil that clause In the Constitution which EN-
powers Congress ITO make all needui rules and regu
at0ns respecting the Territory other property belong
ing 10 the United States. Perhaps the pnwry of "a.
verning territory belonging To The United States.
which has not, by becoming State, acquired the
means of selfgovenment, may result necessarily from
the facts that Is not within the Jurisdiction of any
particular State, and Is within the power and jnrisdic-
lion OF the United states. The right TO may be
the Inevitable consequence of the right acquire ter
itory. Whichever may be the whence the pow
eri derived, th. possession ii 1t is unquesoned.'
In that case wrecked goods had been condemned and
sold 10 satisfy the salyors. under the sentence of
Court of Admiralty erected by the Governor and Lee
gsatv1 Council of Florida, by virtue Of the 7h section
Of the act OF Congress creating the Territorial Co
vernment, which enacts tina, ''he Judicial power
shall be- vested In TWO Superior Courts and III
such Inferior Courts and Justices of the Peace
as the Legislative Council of the Territory may from
time time establish" II was objected That the Court
In question, in which Admiralty jurisdiction WIS vest
ed ''was Inconsistent with both the law and the con-
sutOnn that il was Inconsistent with the provisions
Of the law by which the Territorial Government was
created and ia the course Of the argument In support
Of this creed the power of Congress 10 provide Judi
cal establishments for the Territories was traced To
the same in the constitution from which IL d.
rived the authority TO create the Federal Judiciary sys
which prevails in the States Of The unlon ana III
nAzA thash EnnG
power of the United States extends TO all cases OF
and Maritime Jurisdiction and that the
" hole Of this Judicial power must be vested IN one
Supreme Court and In such lnferur Courts rs Congress
shall from time TO time ordain and establish. "ticnce
il has been argued that Congress cannot vest Admiralty
jurisdiction of Courts created by the Territorial Lees
lature." But, says Judge Marshall, delivering The
Courts opinion, ave have only pursue this subject
one step farther perceive that this provision OF the
Constitution does apply il The next sentence
declares that the Judges both of the Supreme ana In
ferior Courts shall hold their Offices during good be-
havior The Judges of the Superior Courts Of Florida
hold their Offices for four years. These Courts, then,
ARE not constitutional Courts in which the Judicial
power conferred by the Constitution on The General
Government can be deposited. They incapable of
receiving II. They Legislative Cou Hs, created IN
virtue Of the general right of sovereignty which exists
in the Government or In virtue OF that clause which
enables Congress TO make all needful rules and regua
tons respecting the Territory belonging TO the United
Stat,s The jurisdiction with which they are vested
not part OF that Judicial power whc IL defined 10
the Sd article OF the Constitution, but Is conferred by
Congress- in the execution OF these general powers
which that body possesses the Territories OF the
United States. Although Admiralty jurisdiction can
be exercised in the States IN those Courts only which
are established In pursuance of the Sd article OF the
Constitutions the limitation does not extend 10
the Territories In legisating for them. Congress
exercises The combined powers Of the General and of
State Government
If lurn IN the pIactce oil tue Legislative depart
ment we shall find the assertion Of this supreme do
mnon Of the General Government over the territories
no less distinct and pronounced STRIKING instances
are found in the act creating territorial government
for the Mississippi territory passed III 1898, aud those
creating like governments for The TWO distinct terrific
ries into which Louisiana was divided passed In leo4
In each of which the importation OF slaves from parts
beyond the limits of the United States into those terri
tories was forbidden although Congress was restrained
by the Constitution from prohibiting their Introduction
into the States before the year le0S In lcUo the peo
ple of these Louisiana territories peltoned Congress
for removal of this restriction, and Tor an extension
Of the powers Of their governments In other respects
Their memorials were referred TO committee Oh
which John Randolph was Chairman. The Report OF
that Committee favored the proposed extension OF
the powers OF those governments; but not WITHOUT
wholesome and salutary restrictions, among which was
enume rated this very restraint upon the importation OF
foreign slaves We in the habit oil calling Inc es-
Enlistment of the line of thirty.s1, thirty, "he Com.
promises" but what was II more or less, than an act OF
Congress "REGuL.Tiso" and "rung" the subject Of
slavery in newly acquired territory? And ny what
other authority the subject lately adjusted In
the case of Texas!
press over the territories be estabished-an authority
pcnury and absoue-dispensing or death-lessia-
ting propertyputting up governments or pulling
them down-does II result that matter what IN
may be employed IN working out these
results-whether territorial government, created by
Congress or the Supreme Court, authorised by Con.
press or Congress ITSELF by acts direct and immediate,
still il il that power in the Constitution at last, To
wit: the Congress Of the United States, that We must
all control the territories or the
people who lnhabt them, until by becoming Stale.
/, Ia rrrrda
BY the people Of that State! And under this convlc-
ton repeat my decided preference, that in the choice
of means accomplish end, Congress, in which the
slave States be heard by their representatives.
shall draw partition line like that Of the Missouri
which may, and ! think will Gshonid
merciu Providence crown our hopes with the election
Of Southern Presidency be extended 10 the PacIhr "a
Their than leave the subject the basis, slippery and
Elusive, of the proposed Compromise Bill which rem
ders the Southern emigran, who may 20 TO California
with his slaves, wholly insecure-Whch meets him at
the threshold OF his newly adopted home with law
suit, the expenses Of which, ii he prove successful
may sweep away the little property he may have car
ried there-and which refers his title TO IT, jury Of
people, OF whom assured In the Nicholson letter
t Is morally impossible that majority would consent
10 re-establish slavery" to Judge appointed BY
President, who declares she has never owned slave,
and prays daily for the abolition of slavery every
where"
The next absurdity you attribute 10 is the
lion that "the Supreme Court has established, by SO
es OF decisions that Is bound 10 respect and be 60
rerned by The existing laws of any territory which may
pr acquired by purchase or by conquest, HOWEVER
MUCH THEY MAY CONFLICT WITH THE LAWS Cos
sTiTurios OF THE UNITED STATES; aud he added,
hat, by the fundamental law OF Mexico, (ths was de-
MED by Mr.. Calhonn,) slavery is altogether prohibited
her provinces territories That the conquered are
10 give law To the conquerors-that the fundamental
law OF The latter must yield TO the former, Is strange
and novel doctrine" And so It is matter by whom
preached. But nobody, think, who knows me, will
ever believe that uttered II. Before however, we
come 10 the law of the matter. let how the fact
stands, which you say Mr.. Calhoun denies. Iprrsnme
General Cass and Secretary Walker will be credible
witnesses with you. The former, in his Nicholson let
ter quotes and approves the Texas letter OF the latter
thus beyond the Del Nnrte slavery will never pass,
not only because forbidden by iaD but because the
one, over the whites and holding they do, the go
and most Of The offices in their possession,
they will not permit the eHsavement OF any portion of
The c0l0red race, which makes and executes the laws
Of the country" mice judges and jurors these 10 de-
eide upon the tight of Vrgnian to enter their borders
with his slaves .-charmlng members OF Congress, TOO,
we shall have from that region shorty-and all under
the Constitution TO be entitled 10 the same privileges
and immunitss, here In Virginia, which yon and en-
Joy Now, have never seen Mr.. Cahoun's denial
Of the truth Of this statement OF Mr. Walker and Ge.
neral Cass but, The contrary, II Is confirmed by all
the reports have heard of the political and social
condition of that country, and has been, without any
exception that have seen, assumed az correct IN The
debates in Congress- Slavery, tlItn, being Legally
prohibited In Mexico and California, what will The SUI
preme Cont de, when the question OF ts existence
there shall be presentrd Repeaiihe law or introduce
rule by SORT oil Junicla leeslanrf. VI VIII III
not rather recognize and enforce the law as Il
lists there, What other law Than that now IN force
can administer when Consres: refuses expressly TO
repeal that, 10 enact new law on The subject, or To
permit the territorial Legislatures 10 do so Tor such
understand TO be the effect Of this Compromise Bil?-
Here is what affirmed 10 be the doctrine Of the Su
prrme Court and OF the English e. nrts established by
long train OF declsions-and confirmed by the writ
ings Of all the publicsts:
at is settled principle in the law and usage Of
lions that the inhabitants OF conquered Territory change
their allegiance and their allegiance 10 their former so
veregn Is dissolved but their relation 10 each other and
their riqhs Of properly taken from them by order Of
The conqueror remain undistuIbsd The cession or
conquest does not affect the rights of propery-Vatte,
b. 3, CHI. 10, sec. 200.
rhe laws. usages and municipal regulations In force
ST the time of the conquest or eesson, remain In force
until changed by the new case,
7Co.l7. Campbell or Hall Cowp. Z. 2j9.
Even In Of conquest, is very unusual for the
conqueror do more than displacr The sovereign and
assume dominion over the country" 1.-THE Ieop'e
change their aegiance their relation 10 their ancient
sovereign dissolved but their relations TO each other,
and their rights OF property, remain und'snrhed -
Glad Florida changed its sovereign by an act contain
ing stipulation respecting the property OF individuals,
the right of property In all those who became subjects
or citizens Of the new Government would have been
VLtkIA AnnA