The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-03


You ask ms whether am in favor of the acquisition
Of Mexican territory aud what my sentiments with
regard to the Wlmot proviso!
have 80 often and Explicitly stated my views of the
first question in the Senate that 1t seems amos. I'M
necessary repeat them here As you request it, how
ever, shalt briefly give them.
4 thiak then, that no peace should be, granted to
Mexico till reasonable Indemnity Il obtained for the
Injuries which che doneus The territorial extent Of
this indemnity is in the FIRST instance, subject OF ex-
ecetive constipation There the constitution mss
because have full confidence in its judicous exercise,
bus because, IN the ever.vsryipg circumstances OF
war it would be indiscreet by public declaration to
commit the country any line of indemnity, which
might other wise be enlarged the obstinate irjusice
OF hs enemy proongs the CONTEST with its loss OF blood
and treasure.
1t appears to me that the kind Of metaphysical mag
nannity which would reject all indemnity at the clcsa
of bloody aud expensive war brought on by direct
attack upon troops by the enemy and preceded by
of unjust acts for series of years as IN
worthy Of thu age in which vs as i, is revolving to
the common sense aud prsctiec Of mankind It would
conduoe but little to our future security or indeed to
present reputation to declare that we repudiat' all
expectation of compensation from the Mexican govern
man and fighting not for practical result but
from vague perhaps philanthropic object which
,pts peustraon. sn must be defined by those who
assume This new principle OF national ntercommunics-
ton. All wars to be deprecated, rs well by ths
sta.esman as by the philanthropist They are great
evils but there greater evils than these, and sub
piiseon to injustice is among them The nation, which
shoul refuse to defend its rights and its honor when
sailed would have neither to defend and when
dryero wa- Is not by professions
and OF magnanimty that its rational objects
can he beat Obtained or other nations taught lesson
forbsar ance-the strongest security for permanent
peace We are at war with Mexico, and its vigorous
prosecution is the sures Of its speedy termna
ton and ample indemnity the surest guaranty against
the recurrence OF such Injustice as provoked It,
The Wilmot Proviso has been before the country
gress, aud by the public press am strongly impressed
with the opinion that great change has been going
10 the public mind upon this subject-n my own as
well hers and that doubts resolving themselves
into Convictions that the principle It involves should be
kept Of the national legislature and left to the peo-
pe OF the copederacy In their respective local govern
nents
Tho whole subject is a comprehensive one and fruit
full Of important consequences 1t would be ltmed to
discuss 1t here. shall not assume that responsible
task but shall conne myself to such general views, as
are necessary the fair exhibition Of my opinions
We may we'll regret the existeacs of slavery in the
Southern States wish they had been saved from its
introduction But there it s and not by the act Of the
practical question involving the most momentous
sequences We have neither the right the power to
touch it where it andf we had both their exer
cse by any heretofore suggested might lead to
results, which no wise man would willingly encounter
aud which no good man could contemplate without
anxiety
The theory of government presupposes, that It's
various members have reserved to themselves the regu
laon OF s subjects relating to what may be termed
their internal police They sovereign within their
boundaries except in those where they have
rendered to the general government portion Of their
rights order to give effect to the Of the Union
whether these foreign nations the several
States them,elves Loo If may speak,
whether they have reference other
relations domestic public left to local authority
either original derivave Congress has right to
say there shall be slavery In New York. that
there shall be slavery In Georgia nor 10 there auy
other hdmau power but the people OF those States
spectvely, which change the relations existing
therein and they can say II they will We wiz have
slavery in the former and will abolish II In the
latter.
In yariou. respects the territories differ from the
States of their rights inchoate aud they do
not possess the peculiar attributes Of sovereignty
Their relation to tho general government is very i'm
perfectly defined by the constitutions and 1t will be
found upon examination, that that instrument the
only of concerning them IL conveyed IN the
congress shall have the power to dispose OF and
AXE all nee0ful rules aud regulations respecting tue
territory and other property belonging to the Uaied
States" Certainly this phra'eology is very loose, II it
designed to oclude in the grant the whole power OF
son territory aad o1h.r proporiyn fairly con.
strutd relates the public lands suoh to
dockyards forts ships, and all the various kinds OF
property which the United States and must possess
But sur-iy tho simple authority dispose of
guate these does not extend tn, unlimited power Of
legislation to the passage Of all laws in the most gene
raj acceptaton of tue world which, by the BY Is
fully excluded from the sentence. And, indeed. If this
IL would render unnecessary another provision
the constitution which grants to Congress the power
eglae with the consent of the States respectively
over all places purcha.ed for the erection forts
zines, arsspsls, dockyards, SC" There beiog the
property" Of the United states, the power to make
"needful rules and regulations concerning" them in
cudes the general power Of legislation, then the graut
authority to regulate the territory and other property
Of the United otaGes unlimited wherever
found for its operation and its exercise needed
ilisry provision IT, the other hand, it does not ia
cude such power of legislation over the other proper
y'' OF the United States then II does include it
their tcrritory for the sams terms which grant
the one grant the other Territory is here clsssed
with property aud treated such and the object
svi emily to enable the general government proper
ty hoder which, from necessity, 1t must be-to man.
age, preserve, and dispose or such property as it
its being But the lives and persons If citizens
with the vast variety Of objects connected with them
cannot be controlled by authority, which is IN rely
aud regulations for ths disposition and Of
property.
such it appears to me- would be the construction put
upon this provision Of the constitution this ques
ton first presented for consideration, and not
trolled by imperous circumstances The original ord
of the Congress Of the confederation passed in
1884, and which the only act upon this subject in
force at the adoption Of the constitution provided
complete Of government for the country north of
the Ohio, whls in territorial condition. and for its
eveutu admission in separate States into the Union
And the persuasion, that this ordinance contained
within itself all the necessary means OF execution,
probably prevented any direct reference TO the subject
in the Constitution, further than vesting Ia Congress
the right to admit the States formed under II into
the Union However, circumstances arose, which re-
CURED legislation, as well over the territory north
Of the Ohio other territory, both within and
without the original Union, coded 10 the general gov
ernment and, ut various times, q more enlarged
power has been sed the territories
thereby the different territorial governmentsthan Is
conveyed by the limited grant referred to- How far
existing necessity may have operated in producing this
legislation, and thus extending by rather violent i'm
plication, powers not directly given, know not But
certain IL is that the principle should not
be carried beyond the necessary implication which pro-
duces it. Isshoud be limited to the creation Of proper
governments for countries acquired settled and
to the provision for their eventual admission
iuto the Union leaving in the meantime, to the people
iuhabiting them regulate their internal In
their way They are just capable Of doing so,
the people Of the States and they can do at any
rate their political independence Is recog-
Missed by admission into the Union During this tempo
rary condition. 1t Is hardly expedent to call into
else doubtful and invdious authority which questions
the intelligence Of q respectable portion Of ctiz
aud whose Imitation whatever it may be- will be rapidly
approaching its tsrmin atoRan authority which would
give to Congress despotic power, uncontrolled by the
constitution most important sections Of
country. For II the relation Of master and ser
want may be regulated or anniheted by its legislation
may the relation of husband aad wife, of parent and
child and Of any other condition which institutions
and the habits Of society recognise. What would
be thought " Congress should undertake to prescribe
the terms of marriage in New York or to regulate the
authority Of parents over their children In
Aud it would be vain to seek justifyng the
nj A., ha