The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-26

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settled practice OF the country should be changed in order
that they may fix the fundamental principles which
then uinre institutions shall rest that they may lay the
cornerstone OF that republican edce which is IN after
time TO overlook the PacIhc Or they, as we have
heretofore believed them, missionaries of religions whose
studies have been devoted to subjects which, however
high and holy, have not been those which would qualify
them Tor The labor of forming temporal governments
And beyond this traders trappes, Adventures in the
forest and IN the mountain whose pursuits and character
nave least led lem 10 contemplate to value the forms
and blessings of civil COVER nment
Such IS the character of the inhabitants OF Oregon
and II there be little 10 justify the surrender OF the high
est powers OF legislation them, there still less to
warrant It in the character of the inhabitants of those
Territories we have recently acquired and which must
soon be the SUBJECT OF governmental organization There
we md people educated to opinions and habits hostile
TO our own mon2res OF the Spanish and Indian races,
nhertns from both the characteristics pertnacity,
eachery, and revenge and fresh from conflicts the his
tory and consequences of which well calculated to
excite The biltees annosity towards citizens and
our government. peope whose religious preludces
strong that they have recently sought to transfer
large part OF theI country to foreign colony, for the
purpose OF excluding the immigration OF American ct
lens, to whom they gave the name of g Methodist
wolves" Morally socially, and intellectually degraded
to such de. ree that with the fors of free
they have never enjoyed any OF its essential rights With
the writ of habeas corpus the established law of the
land citizens were nevertheless transported by order OF the
central government several States of the republic,
and Incarceraed without question, or power to obtain
legal redress. Are these the who shall prescribe
the fundamental law of the land Shall they determine
the rights privileges and mmunities of the American
citizens who may migrate into that country! Shall they
decide with what property one of your citizens to whom
you have granted land for in the with Mex
co shall be permitted to take possession of his grant
If the territory have acquired belongs not to the
United States, but TO the people recently conquered,
now become sovereign the rights of citizens,
our laws, and constitution. This opinion in favor OF
the sovereignty of territorial inhabitants of such recent
origin and rapid growth to have found equally
rapid Decline and has not, | think, sufficient importance
now to justify me in OBTAINING the Senate by further
marks upon it. To the citizen who presses beyond the
limits OF civilization to open up to cultivation and settle
ment the forest domain of the United States have al
ways been willing extend protection and such peculiar
advantages over other joint owners of the stock
due to the services he has thus rendered to the
mon interest But the civil rights the POLITICAL principles
OF our government are not to be transferred TO those who
shall be first the to reach newly acquired possess
sons, who shall by accident be found upon them To
point this opinion by single application, will refer to
large body OF American citizens who under the control of
religious enthusiasm, have gone beyond the limits of State
jurisdiction to found secaran colony in the UNEMPLOYED
wilderness OF the Klamath lake. My remarks will, of
course, be understood to apply to the Mormons; and
introduce the to ask If any s prepared to well
come the consequences to civil and religious liberty which
would flow from the exercise of sovereignty by them
over the country of which they may take possesson9
now pass to the third OF power from which it
is claimed the right may be derived to exclude slavery
from territory of the United States The involabilitl
of the law it exists at the period of acquisition
Did seek protection under a principle which believe
to be wrong, would concede this point to those who
make it, because hold it be conclusive against them
the OF Oregon That territory whether derived
from France part OF Louisiana by the treaty of s03
or from Spain as part OF the vice royalty OF Mexico in
1919, would, by the application OF this rule be slave
territory that institution having existed under the laws
of both France and Spain, in the provinces and at the
dates referred to- IT, then the law existing at the date
OF acquisition be nviOabe, the closed. Those
who have set this mine have sprung to their de-
s,rucon But, believing this TO be wrong in fact. claim
no advantage from it, The progress of humanity, soften
ing the gors OF war; has constantly modified and restrict
ed the rights of the conqueror has gone lar to
leave the municipal ssguations, the private rights of
property and existing relations of PERSONS unds'urbed
The laws permitted remain so far they do not
conflict with the rights of the conqueror-not much
satisfy supposed claim of the conquered, prevent
anarchy to promote order, and to preserve the neces
sary relations in society until the new sovereign shall
give other laws to the country The object for which
such continuance of existing laws is permitted, clear
y marks the limitation OF their effect to the
sting condition of those who inhab the territory. To
extend it beyond this to affect the property per-
sona rights of those by whom the territory has been
CURED either by conquest or purchase, would be to rem
der the acquisition nugaory and present the absurdy Of
sovereignty without iurisdciion-ofa conqueror made
subject by his conquest The laws OF SPAIN of Mex
co. ii they should remain paramount in the territory
CURED from either, would exclude large portion of
citizens, and many kinds OF property which articles of
free among the States The of citizens
would never submit to restraint their religious worship
The mOnOpOeS OF Mexico and the Tree trade throughout
the United States guaranteed by the tution could
not exist together The power to exclude species of
properly, be better founded than that to exclude
any other the constitution protects all which
or none. Those who contend that the laws of Mexico
will prevent the introduction OF slaves, as held among
us, into California or New Mexico, have not shown
why the laws, by their of reasoning will
not exclude the introduction OF tobacco Believing
that the principles and guarantees of the constltu-
ION extend all territory belonging to the United
States and that all laws volatve of either abrogated
by the act OF acquisition, imports 10 nothing by
what authority such laws were passed 10 those who
hold that municipal laws to be held sacred,
mend inquiry the character OF the laws prohibiting
slavery Mexico. They not municipal, but general
awswere not passed by the State legislatures but by
opposition 10 the wishes of the northern and eastern
States of that republic The central government against
which we have waged war, from which, indemnity
for long continued fragrant wrongs have taken terri
tory will surely not be permitted TO leave Its legislation
over the country we have acquired, form which
institutions to be moulded Shall the citizen who
Predicting the extended domain of his country, migraes
10 its newy-acqnrel territory, find himself shon Of the
property he held under the constitution, by the laws OF
Mexico! Shall the soldier who locates his grant in Cal
torna, find himself under the authority he hal contribu
ted conquer' Shali the widow and the orphan of him
who died his countrys QUARREL be excluded from the
acquisition obtained in part by his blood unless they will
Iue Never, never Reason and justice, constitutional
right and national pride, combine to forbid the SUPPOSE
| ton. .,.
| have thus presented my view of the three sources
from which is claimed to draw the power p-ohibi
slavery in territory of the United States From the
deratlons presented, my conclusion that it
properly be done in either OF the modes proposed that
not being among the delegated powers OF the federal gov
ernnen or necessary to the exercise OF any OF It's grants
Congress cannot pass law for that PURPOSES that thu
territorial government is subordinate to the federal gov
ernmen IRON which 1t derives its authority and support
and that neither separately united they invade thu
undeegaed sovereignty of the States their territory