The State guard., 1848-08-22

opinions upon the very elementary princl. ples of the Government under which he lives, should so widely mistake the moral, social, anl intellectual character of the South. or bc so ready to adopt the islanders which ignorance or ianaticism denounce against her. l would respectfully com. mend him to more diligent study o both.
 But, sir, tho right to exclude slavery from the Territories is claimed upon ano. tier ground. Ii is said the right to gov. en is a necessary incident 10 the power to acquirc territory. This is true, but moi to the unlimited extent claimed upon this floor, Every Government in the exercise of this prrrogative, must be necessarily regulated by the peculiar nature of it's own institutions. The Goverement whose powers are limited alone by the uncontroll- ed will of an irresponsible 1, spot, may dictate le law, however onerous, for a conquered province. But every acqui-i- ton made by us must be made in our character of a definite Government, and. as that Government exists only by virtue of the Constitution, which is at once he evidence as well as Inc measure ot it's au. thority, it can exert no power over acquir- ed territory inconsistent with the spirit of that instrument The opposite theory in wolves the preposterous idea of govern ment omside of the Constitution, with the power ''to establish a rcligion,o 10 "sus. pend tho ha5c0s corpus," and ''grant titles of nobility within | Territory of the United States; while within tho Staies no such power exists. And such, sir, was the conclusion to which the argumen! O the gentleman from Indiana (Mr. PETIT led him. A system lhus anomalous, botI limited and un' united, would be withoutpre. cedenI in the history of Governments, anc totally at variance with the character 0 our own. So, the moment territory is ac qured by Us, our fundamental, law ncces sary supervenes, and the conflicting law of the conquered country ceases to ope rate That fundamental law, the Consti. tution of the United States, wherever it i. extended, whether in the States or in the Territories, recognises the rightlnlness O slavery, it seeks not to enforce it. The establishment of it, or not, within the SC. p1ratc sovcreiga.ies, is Jeff to them alone. But, wherever it is established, it is the subject of the fundamental as well as To. cal law. Being thus recognised by the fundamental law as q species of property, which may or not exist, according to the will of those who have the righ to deter. mine the question, it must necessarily exist of right, in every Sta.e or Territory, till the competent power to prevent it shall so dctcrmiae. Each State my settle this question for itself; but, as each has but a l irisdiction limited by its own boundaries, they cannot, acting through their local authorities, determine question in which all are jointly interested The States as a body cannot settle it, except in that way pointei out in the Constitution-.,y mee. ting in convention to change the Constitu. ton. Then, sir, can the Government as it exists do it Ire Government. is but the agent of all the States, acting under a grant of limited and wcll.defined powers which coafers upon it no such authority and the exercise of any such power on its part, woull be palpable violation of every principle of the Constitution.
 MT. Chairman, the power which the inhabitants of the Territories may exer. else over the question of slavery. has been a prominent feature of discussion during this debate. My purpose has been to ad. dress myself to the practical quest; on be, foie us--the power of Congress over the subject. My opinions are, nevertheless fully male up. It cannot be, sir, that the mere settlers in territory, the joint pro. pcry of the several States of this Union have the right to dictate the terms on which their twenty millions of citizens may take possession of their common inheritance It cannot be, that those who have fallen before the supe rior powers of the Ameri. can volunteer, may prescribe the law o his residence among them The inhabi. tants of the Territories arc there by the mere permission of the States they are destitute of all those attributes which con. stitute them a people, in political sense As the bull upol yolr abe shows, they look 10 Congress Ter the riah; 10 govern themselves. and receive at our hands then organic law. Upon their every act Of legis. leIion Congress reserves its right of veto
 And il carrot be. that com munity, whose every politi- cal power is derived from Con- gross, may exercise any authori- ty over this subject, upon which Congress itself is incompetent to legislate. But when these remote Territories, the subject of oar paternal supervision and care, have passed their period of dependence upon the Govern ment, and emerged from their chrysalis state into the full blown attributes of sovereignty, then, and not until then, will power be found adequate to the settle ment of this much con.royerted question.