The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-07-02

stuon referred to- as controlling the power over Terri
ones, that Congress may admit new States mo ms
Union" reference TO the Madison Papers Will en-
tighten us as TO this provision. proposition was male
to authorize Congress to form new States out OF the ter
rories belonging TO the United States, which was re-
iected, and the provision above quoted was adopted
Nothing could have been wiser and consist
ent with the principles OF the trainers OF the con-
staution The United States are sovereign States
and the constitution is compact OF sovereign States
and inasmuch Congress. could not confer SOW
eregnty upon Territory, It was lett TO the PEG,
pie OF the Territory assert their own sovereignty and
them as sovereign, come into the federal Union Ihey
wisely concluded that act of Congress declaring Ter
nory sovereign State would IN TACT invest IL win no
attribute of soveregnty but that the people OF the Tern
tory, at proper time, being the only source OF SOW
eregnty could make the declaration Tor themselves Ac
cordingy, whenever State has been admitted into the
Unon has been after their constitution has been adopt
ed and their sovereignty announced and then, as one
oil our glorious sisterhood, she has been welcomed
amongst us. This power was withheld from Congress,
and left with the people Nor is the constitution silent as
thc tne when this shall take place The indca
Oas in the constitution clearly marked, Mr. Cha-
as to leave for conjecture IA the second sec
ton of the first article it il provided that there shall be an
apportionment OF representation to population, and that
each State shall have at least one representative 1t
distinctly oreseen that Kentucky tennessee, and the
great northwestern territory soon to be filled with
inhabants-soon to demand admission into the confede
ration and with the forecast which marked all their acts
| it was fixed when such demand might be made, and
when would be the duty of Congress to meet and to
comply The constitution was made with reference to
the extension of Institutions and the increase In the
number of the States When therefore, the minority OF
the Territory shall have ceasedWhen the residents, who
have made their homes upon the public domain, now
transferred by sale to the occupants thereof shall have
amounted to sufficient number to give them right TO
claim a representative this foor-then they have
reached position in their existence which to assert
their sovereignty by adopting fundamental law for them
selves, fixing their own domestic Polcy, admitting or ex
Guiding slavery and doing any other thing which not
inconsistent with republican government When this
constitution is adopted, they have right to ask, and
Congress is bound to admit the sovereign State INTO the
rnn taia ha
sovereignty to the State by the acknowledgment
expression of consent the part OF Congress. AS
well might the independence OF government be ascer-
tanned by its recognition by other governments. indie
pendence must exist before is recognised and sovereign
y must spring from its proper source the action OF me
people, and its Judgment by Congress admits lis
previous existence. (See note c.
! When the people OF a Territory grow INTO numbers
sufficient TO constitute State under the constitution, and
shall abolish establish slavery in their constitution no
one has right to question their authority so to do
do not invoke the authority of Congress to protect slaves
as property in the Territories ask for no legislation
upon the subject They already recognised as prop
erty by the constitution and laws. and the courts afford
ample protection TO the rights of property Legal rights
must OF necessity be decided by the courts mere ter
oral government, owing its existence to an act OF Con-
gress subjectng its laws to the veto OF Congress, and
leaning for the expenses of its administration upon Con-
gress surely lay claim to the attributes OF sove
eighty. The constitution and laws which bind Congress
bind them, and they neither create nor destroy nst
tutons recognised and guaranteed by that constitution
If am asked why any particular point OF time should be
assert the sovereignty of State, reply that the reason
the that which confers the right OF self-drec-
ton and efcontro upon an individual who has reach
ed the age of twenty years time must be desIg
nated and that decision must be the result OF prudence
and sound reason The object of our system is to ex.
tend republican institutions; and when Territory shall
have passed the years of its minority and acquired
population sufficiently numerous to enttle to repre-
sentative this fooI has all the clements OF soye
einy, and can perfect II by the proper combination and
concentration of those elements.
But this question is presented in most practical and
important aspect when we CONSIDER the results OF tne
Mexican New Mexico and California are integral
portions OF territory by the treaty OF peace, which
we have to believe has been ratified between the
countries. They will require territorial organization
at our hands, and are already told by gentleman
from New York. [Mr. MURPHY that inasmuch as the
laws OF those provinces already forbid slavery, cannot
exist within their limits without legislative enactmens.
To sustain this position he has referred to the opinion OF
Lord Mansfield in the of Campbell against Hall, Il
Cowpers Reports where Lord Mansfield lays down the
doctrine that the laws OF conquered country continue
in force until they altered by the conqueror; doc
ne which, if taken in its full extent, seems subversve
of all the received principles OF the law OF conquest and
which, however applicable to the English government
totally epugnant to institutions and our funda
mental law. There be civil dominion over any
territory of the United States which is not founded upon
the constitution. From this it must emanate; and
either by treaty by the sword territory is
incorporated within the limits of the United States, the
constitution Immediately attaches to it, and is operative
upon it, and whatever is Tepugnant to subversve OF
its provisions mus, fall before its power. This must be
manifest for, if otherwise, we might have an established
sons OF the constitution and the security OF persons and
of property might be utterly lost against all the guarn
tees provided for their protection. The conquered nation
would give law to their ConqueTors and the result OF
victory would be the subsection OF the vicors 1t is true
that the laws of nations do recognise the force OF all
laws, conquered countries, which necessary
for peace and tranquility, until repealed altered by the
conquerors But 1t is only of such laws as are not in
conflict with the laws of the conquerlng power. When
ever the laws in California and New Mexico conflict with
and repugnant to the constitution OF the United States
that constitution overdes such laws and by the
very act of cesson of conquest becomes the supreme
law of the land. (See note d.
1t would be monstrous conclusion at which to arrive
that after all the costs and sacrifices of war; the popua
ton of the conquered territory have the power to dictate
the terms which their cOnquerOrs shall occupy their
country 1t would be equally repugnant to the principles
Of right and Justice SO to adjust the matter that large
portion of the citizens of the United States the
very whose lives were perlled in the war, should
be excluded from occupying the land that they had won
with their swords We deny the right of Congress TO
egsae upon the subject, either to extend or to forbid
slavery; ask for legislation at the hands Of Con-
gress in the PREMISES neither we willing that the
Mexican population, confessedy inferior in all the ele
ments of civilization and capacity for government
should erect barrier to the emigration OF the citizens of
neither the aid of Congress to legislae slavery into
stence there, nor will we admit the authority OF the
present population to control it, unless in condition to
be erected into State government and ready to perfect
such organization. The constitution recognises
slaves property Whenever territory is acquired, it is
the property OF all the people oil all the States and the
constitution secures to every citizen the right to occupy
that territory equal terms with any other citizen of
any OF our confederated States.
Gentlemen sometimes appear astonished that this sub
lcc exctes much interest with the representatives of
the southern States. think that this surprise will cease