Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-06-24

That this Government had the entire power evsr d. T~
tories vas clear his mind from this conudsssto which IL
laid down here VIZ that this Government and ibis Gss
ept alone, might dispose Of the Territories of ths Uassi
Saiesmeh transfer, they pleased, Mexican ssrfisosv
to Mexico, Great Britain any other Power Wswsss nos
without precedents Of this kind within the limits al r
gained States, TO say nothing Of the Territories This Gov
eminent had acted the principle Of dsposns Of poioo
OF Of the States II might dispose Of the whole IL .l.
II the existence Of the Government depended up Il, Far
proof Of this he need only refer the settlement, Of the Maine
boundary, where portion OF organized Stats was ss o
to foreign Power The General Government might se o
It's Territories entrey might dispose Of them as ID pleased
might forbid their settlement and this Il had done uni
iomy except under restrictions Il had forbidden that lis
territories should be settled except certain conditions n
was within its TO do the major proposiono dspo.
of them entirely; so, might it do minor acts such \.
controlling them He went further, and said il nigh, ore
hb their settlements might drive at the point Of ,b
bayonet any body pleased Suppose territories wers
filed with minerals, covered with live oak, and il was me-
cessay for the Government protect them for the mint Of
the United States, for shipping hereafter he asked
would any body deny that had the power TO protect than
and forbid the working Of the mines the cutting Of the tim
Der Who could doubt that this power existed
Reason taught that be who conquered purchased might
and Of right ought to- the property conquered or
purchased The United States in all these instances were
either the conquerors purchasers actually consruc-
lively reason taught them that the United States might and
ought to- govern all these territories.
The Judicial decisions Of the country confirmed and fully
sustained this doctrine In the Supreme Court Of the United
States in the Circuit Courts If the United States and in the
State Courts this authority the part Of the General Gov
eminent had, over and over, been affirmed He would not
show so garing trait of pedany cite the book and the
page but he would affirm that in no instance In any court
State National where this question had been nooted had
there been failure to affirm the power in this Government
to govern the Territories and the power in the Terrific
RES 70 exercise any authority than granted them
by the Government And here he entirely agreed with the
gentleman from South Carolina on one point The gsntel
man denied that there any such thing sovereignty in
the Tentores He most cordially concurred in that view
There was no power Of sovereignty in the Territories the
constitution of the Union not theirs for they had not
adopted it had they been admitted under it in any orn
whatever They were totally, then, without power. In no
instance, he repeated had the Of the Union or the
State courts decided ntmated otherwise but they had al
ways affirmed the doctrine that the power this Govern
men and not in the Territories. Why The reason was
obvious The United Staes in their aggregate capacity
through the action Of their chosen Government had acquired
these Territories either by conquest purchase they
back to the that the acque either by conquest
OF purchase, must govern, and none other could
vatte GrOus, and Blackstone fully affirmed the power
and the duty OF that who conquered purchased
ritory dominion govern to give laws and protection
to the inhabitants thereof These writer's he was aware
spoke Of things they existed before our constitution but
let him ask gentlemen, did the adoption of The constitution
change this subject the powers Of this Government
he answered, unheatngy, On the contrary if il had
done thing it had affirmed the doctine-a doctrine which
had been affirmed and maintained by judicial decisions
elemental writer's and the uniform action of the Govern
ment Of the United States The decisions the courts were
unanimous you could not be loss find them by going
to the library below. Story, Kent, Rawe Sergeant and
Wilson, the constitution and power Of Congress, were
lew Of the elementary writers who every of them affirmed
this doctrine the broadcast in their works. written in
calm moments not amid the excitement of politics. inu
snced by political advantages to the South the North 1t
need not be said that these principally Northern
he could also refer to the decisions of Chief Justice
Marshall, of Virginia Southern But, North or South
here scinla Of authority the contrary He
Knew there the pse dxit of hamad crazy politician to
he contrary but there was no single judicial elementary
opinion expressed to the contrary.
To these elementary writings and udcaly
had already said he would add third species of authorty
nd coupled together, they presented unboken combna
ion, trinity, rmness Of authority powerful that
histy argument not deluson could sunder them
the commencement Of the Government had acted
his policy and all the actions Of those who framed
who stood in FIRST second, third fourth and
succeeding Congresses to be held now for local sectional
purposes naught but distractions of force and auhor
He referred gentlemen and the country for the action
the Government, to the ordinance Of 1857 in the first
ace and the action of Congress proper Of the Senate and
House Of Representatives subsequent the adoption of the
in perpeuang, enforcing, and carrying the
PROVISIONS Of that ordinance.
And here let him digess little from the line he had pro-
osed follow in reference the validity of that mucques-
Toned ordinance Of 1887 II had been alleged that that ord-
lance in force, least the six articles that had
the other side affirmed be valid. He wanted TO
now how legal mind could settle such question except
y authorities, by precedents, by acon-unorm action He
hosd be able to show to the committee and to the country
nles they had been abrogaed altered expunged by the
mutual consent Of the parties that it made be
ecared pepetuay binding unless revoked by mutual
ent and binding at this day where ii had been
evoked He would not read refer all the adudicaed
asses, but would Of those in the savehoding
states. The courts Of Kentucky, his friend him
Judge FREScH) well knew, had and again. de-
ided that negro born In the Northwest Territory after the
of the ordinance in 1887 could be taken into
lavery all that this ordinance binding If they did
lot like the decisions Of the of Kenuckyas some
pleased to call 1t quasi savehodng Sate-let them
o further South, and he would refer them adudcated
in Missouri and Louisiana where the held pre-
isely the doctrine, and affirmed the ordinance be
hiding. In Oho-where the very numerous,
nd no man could doubt about tbem-,he Supreme
had decided that those articles Of the ordinance were
binding the people Of Ohio than her constitution,
the of the General Government and the
who pares necessary repeater
brogaon, while her constitution could be arogaed by the
CT Of her people.
But he would refer particularly to the decisions and
to the decision Of the Supreme Court Of Missouri
" The mother IA colored woman) of Aspasia born
askaskia, Illinois, previous to 1857 Aspasa born in
illinois subsequent the ordinance Of 1887. Aspasa
Rewards Missouri slave, and there brought
her freedom. The Supreme Court Of Missouri held that
spasia was See enand u.s. asbasfa Peters Sos
"The ordinance OF 1887 is obligatory the State of
)hio the constitution ITSELF aud The Legislature
hereof authorize the dam Of
navgabe rivers mentioned in the ordinance that shall inn
EIDE or obstruct the navigation thereof"
[Hogy u.s. the Zanesuaik Canal Co. Ohio Reports, 4l0.
IA voice How is il with the decisions in Indiana
He had examined oil the reports of Indiana, and one