The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-01
INTELLIGENCE BY THE MAILS.
7>o~-~~-~0~0>N~N~7~7~7sN
WASHINGTON, July 20, lSis.
pfr. Calhoun AVID the Sarery Question.

Mr. Calhoun is a bold man. He not only de-
clared his obiec, in the annexation of Texas to be
10 strengthen the peculiar institution OF the
South. but he now carries the war even into
Oregon and IN making that territory the field
of the great issue, weakens his posi- |
ton and strengthens the demand for the uni
versal application of the proviso. He denies the
power OF Congress over slavery in the territories,
yet the clause of the late bill inhibitng or re-
gulating their action upon the subject, he asserts
the very sovereignty which he denies. The re-
presentation of the South generally, from desire
to appear as loyal as Mr.. Calhoun upon their pecu
liar institutions, have taken his position, which is
Impracucable and unavaillng. The people OF Oregon
have spoken and consistently with the constitution
have they spoken-they are American citizens from
free States and slave States but even admitting
that constitutonally they have no right to speak
on this subject, yet as American citizens, though
living in territory, their wishes are entitled to
respect, Congress having the option OF endorsing
or annulling the same. The sovereignty of State
must exist somewhere over territory-it is either
In Congress the territory, or in both conoint-
ly. If in both, 1t only needs the concurrence of
Congress to act of territory, to make it as COM
plete as the legislation of State in the prohibition
of slavery. The territory of Oregon has declared
against slavery the assent of Congress is therefore
only required TO make the act absolute the
OF State. The sovereignty. then in some shape,
over territory, being as absolute as that possessed
by State itself, and the right of its
being the same, Mr.. Calhoun may well appeal
that OHIO cannot exclude slave property from enter
ing her borders and locating itself there, as that
the sovereignty over territory cannot exclude
slavery from such territory. True, the territories
are the common property OF the Union but as
SUCH the Legislature of the Union stands precise
Iy tho sam GENERAL relations of sOve reI ONT "
over them as a State Legislature maintains to-
wards State. The Legislature. of a State acts
according to the understood wishes OF the people
of the State; so the Legislature OF the Union, in
the act of a mere majority, may be supposed to re-
present the will of all the people having an inte-
lest In territory; and as 1t is the established
usage to regard the expressed or understood
wish of the inhabitants of territory as the
wish of all the States interested, there is an
obligation upon Congress to respect the wishes
OF the inhabitants of Oregon. The plea of lnequa-
zen of Connecticut, with his peculiar property and
the citizen of South Carolina, with his peculiar
property, stand upon unequal terms in the State of
Ohio, the one being admitted and the other ex-
cluded; yet the constitution expressly declares
that the citizens of each State shall be entitled
to all privileges and imunities of citizens in the
several States" Lastly, the constitution leaves
people. We hold, then, that if there is no power
given to Congress the subject of slavery 1t is
left to the States respectively, and to the people in
territory or to Congress standing in the relation
Of the State to the same. To get over this point,
Mr.. Calhoun denies that the occupants of
territory "people." He says they are
"inhabitants,'' and kave none of the constitutional
attributes OF the people. But, as regards the In
habltants of OREGON, we claim that they are peo-
pie, and are intelligent people, as capable of self
government as the people of South Carolina and
that the wishes of these people of Oregon upon
the great question of slavery ought to have the
same weight upon Congress, as the expressed wish
of the people of State upon the Legislature
thereof; all the ends of the government I'M
der the constitution being supposed to be sub
servient to the wishes of the people. We hold
that MIR. Calhoun, In of the two positions he
has taken, is wrong, or that he Is wrong in both.
1. He assumes that Congress has no power to le-
gis!ate upon the question Of slavery IN the terri
tories.
g. He declares the power of Congress directly IN
reporting bill interdcting the territories from
leglslalng on the subject, or defining the llmita
tons OF such legislation.
The powers of Legislation which Congress may
grant to territory, are pre-supposed to be powers
inherent in Congress, and that which II interdicts
must also be power the full exercise OF which is
vested in Congress. The extent to which II is
granted, is the amount surrendered to the terrific
ry-the power withheld is the reservation re-
tanned II Congress can bestow or lnterdlct the |
can exercise the power ITSELF for it cannot be sup
posed to grant or withhold that over which |
ii has no Jurisdiction. We repeat then, an ORR |
ginal syllogism Congress, has power to legislate |
upOu TIC Vuesllou VI III tcIIlioIl. w ucIc
the people of territory are settlers from the |
States, educated in the principles of our political
institutions, 1t /: the duty of Congress, standing
to them in the citation of State Legislature lin
addition TO Its federal reations), to act upon this
subject would State Legislature under in
structions from the people .eecting it. The
people of Oregon are from the States, and are
educated IN our political system. They have
is, therefore, the duty of Congress to ratty their
wishes; The first duty OF Congress to territory |
is to the inhabitants thereof If we ind terri
tory, for instance, occupied by $4,000 flee white
male citizens, engaged in the cultivation of tobac.
CO. of which 1000 proprietors of the soil, and
10000 aborers upon the plantations, but all electors
principles of political equalIty--and they pass an
interdict against the Introduction OF slavery, APP
pealing al the same time for the protection Of the
federal aws-you supercede the act OF the tern-
to-you open IL TO the competition OF slave labor,
until ii becomes State, competent to act for itself
Slave labor, at ten cents day, excludes the white
man, at fifty cents. The territory becomes
slave State, by the exercise OF a negative power,
the affirmative of which is denied If you have
negative power of sovereignty, you have the at
frmatve. If you can declare that the act of ter
ritory, which may be done by State, is null and
void. you can also declare that it is valid and in
full force. you have the jurisdiction to reverse
such act, you have the power to affirm It, Ii you
have no control over the subject whatever, you
can prescribe no limitations
But enough OF such stuff as this. The spirit OF
the age is paramount. 1t is against the extension
of savery-it is strong for its suppression. Yet
ours is a constitutional system, and it guarantees
the institution, and protects IT. but cannot be ex-
tended at this day, under the authority of the con-
stitution. 1t must be done under the same spirit,
and for the same object under which the constitu-
ton itself was framed That spirit is the spirit of
compromise that object is the harmony of
the Union, Hence we had hoped for the
adoption of the Missouri compromise by
the Select Committee of the Senate. That would
have been distinct and definltive settlement of
the question We believe the bill could have been
passed through both houses, and once passed,
there would have been no real danger Of bill Of
repeal AS II now stands, we see but one of three
alternatives: the Wllmot proviso from the
Straits of San Juan de Fuca, at the Northern
limit Of Oregon down to point one league South
limit of A lta CaltQrnia