The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-26
CITY OF WASHINGTON, SATURDAY MORNING AUGUST 49, s4s


lutte powers OF legislation, as the existence OF power
In the federal government TO make laws er the Territory
which would affect the political rights interests of The
States. The laws OF Congress in relation to territory be-
longing 10 the United States must be needfu to execute
the trust conveyed by the States and of the grants
OF the constitution are be so construed as to pelu-
dice the rights of the United States, of any particular
State" To promote the sale of the public land where
no settled government exists, II may be claimed IN
cdent TO the power to dispose of such property that Con
gress should provide for courts and such government
generally will give security to settlers and certainty
to titles in the region to which we invite emigration.
Thus far the powers OF trustee may properly extend
thus far the agent may go good faith 10 those to whom
he actshe sovereignty still remaining, where alone it
can reside in the States to whom the territory belongs
will probably not be commended that to exclude por
ton OF citizens, or to prohibit certain kn of prop
ery needfu regulation" for the disposal of public
lands. Certainly such position could not be maintain
ed and those who contend for the power OF Congress
prohibit slavery in the Territories have usually relied up
on the second source OF power, the right OF acquisition
| Before considering how much may be derived from
that right it might have been well 10 examine into its
existence, and inquire 10 whom its benefits attach The
power to admit new States into the Union conferred
by the constitution but not to acquire territory such
The former was power properly conferred upon con-
federation which looked to the addition OF new members
the latter belongs to sovereignty and can be possessed by
nothing less The right acquire belonged to the States
inherent right Of independent existence, one which
attaches to all bodies, animate and nannae. Stones
gather accreions vegetables collect ncrements animals
assnilae food and incorporate with their bodies; by
like operation of this general law, the States, as indie
pendent soveregns, had right to acquires but the
of acquisition, the war and treaty making powers were
ntrused to the federal government The right acquire
not delegated, the means TO be used by
the federal government and therefore the acquisition
must enure to the benefit of the States in whose right
alone it could be made. The power to govern abb
solue ultimate authority remains in the States and their
agent only exercise much OF that power has
been granted Our egisatio for the territory must, if
this view be correct be drawn from the specific grants
and be subject TO all the limitations and prohibitions I'M
posed on them by the constitution The rule that the
right acquire carries with il the right to govern,
IHrafi IN fhn fAa rnu
eminent, in hshat 1t acquires as agent for the States
by the blood treasure OF the States, in
past cases, by cesson for the benefit of the
States, and can therefore, only govern as authorized by
the overeign owners OF the territory.
The question, them is reduced to this has the federal
under the grants of the constitution, power
States! The right to property in slaves being recognised
by the constitution, this question is convertible into
another. Has the general government the right to ex
cude particular species of property from the territory Of
the United Staes and thus cOnne the enjoyment of its
advantages to portion OF their citizens? proposition
repugnan to justice, yloatve of the equal rights
which every citizen of the United States has in the
property, destructive of the equality in privileges
and immuntes secured by the constitution, would seem
TO be answered by its statement Yet papable as the
outrage appears, it has been perperated legislative
resolutions by eleven States of the Union bound by the
federal compact to- recognise the equality of the
Staes and repeatedly asserted by senators in this cham
ber pledged to maintain the constitution. This federal
government, designed to render more perfect the unon
Of the States, and promote their defence, is
great scotsman of discord among all
The union Of the States into one confederacy gave
power destroy local rights of properly to change
the cond ton OF persons but much to protect and pre-
the existing rights OF property and relative cond
ton OF PERSONS by extending the limits Of their recogn
ton and enlargng the provisions for their security
Thus the federal government cannot take "prvate proper
ty except for 'pubc use," and by making "just com
pensaton" therefor; the States cannot pass laws to i'm
pair the obligation of contacts duties cannot be imposed
on articles of commerce passing from the limits of one
State to another nor apprentices ndented servants or
slaves by escaping into another State be discharged
from their obligations under the laws of that from which
they fled In these and similar instances the federal
eminent do and has done much which IS beyond the
power of State, to protect and enlarge the value OF
property. To determine what shall be property, what
the condition OF persons, are functions OF sovereignty
beyond its delegated authority, which only be exe
csed by sovereign State within its limits, and, beyond
that, BY the majority of States required to amend the
constitution deny, then, that the federal government
may say any class OF citizens you shall not emgrae
territory which belongs in common to the people OF
property shall be taken into such territory, or e5sate
80 as to impair, after his arrival in the territory any OF
the pre- existing rights Of the emgrant to the property he
may carry with him. Many of the reasons and prnc
pies presented establish the absence OF power in the led
era government to exclude slavery from territory belong
ing to the United States, bear with like force against the
second class OF opnonthat the power rests in the ter
rtoria inhabitants In the unwearied search OF those
who, from the foundation of government have
sought IN every quarter tor the fountains OF power by
this until recently, remained undiscovered. When terri
toIia governments were first established in the Terrific
res now the States of the northwest very different
doctrine obtained and quite opposite was the practice
under it, There, though the foreign inhabitants were
mainly those who had taken part with us in the wars
against Great Britain they not considered capable
OF sefgovernmen to be intrusted with the powers OF
local legislation and the restricted governments establish
ed in Indiana and Michigan were required to adopt the
laws of some State of the Union for their rule and govern
ment Thus, relation to French settlers at Vncennes,
and Canadian refugees in Michigan, it was decided
Now, sir for whom Is proposed TO reverse the decl-
son only far to recognise local legislation, but
to admit the power pass fundamental laws controlling
the action of Congress- and determining the future policy
and institutions of Oregon For small settlement,
composed large extent of the late dependents OF The
t1udsons Bay Company; subjects OF the British Crown
the very who arayed against us to dspHte our
right the soil the who, by fraud and violence,
wrested from citizens their property and possessions
on the Columbia rivers the same who IN violation OF the
faith OF our treaty with Great Britain for the Joint
pancy of Oregon made regulations the effect of which
was to destroy the valuable urs in that portion of the
properly of the United States whilst they preserved
in that which expected to pass at subsequent day
TO The sovereignty of Great Britain. So much for those
who formed large, If not controlling part OF this pOpu-
ation Oregon when this policy of excluding slavery
was adopted there. Shall they be permitted to sit in
Judgment on the constitutional rights OF American cti
zcns! Shall they decide the future institutions OF oui
territory! Looking further to the south, IN the valley OF
the Willamette find, it true, settlements of Amer
from which they distant WANDERERS, we can safely
RELY. They American citizens, name which ali
who are born beneath the flag OF Union must cherish
with such affection and pride that their bond oil aeg
ance needs endorser Giving them full confidence, sc
TAR as their conduct might be involved in any contest fo