Weekly national intelligencer., 1848-07-22

which may be denominated political necessarily changed
although that which regulates the intercourse and
duct of individuals remains of force until altered by the newly
created power Of the State This consideration Of great
consequences in the adjustment Of this question To ull
popular apprehension at the South gentlemen this
floor have spoken Of il judicial question. The Supreme
Court has been unsafe reliance upon political ques
tons. Its duty Is TO decide what law is and that duty per-
forms WELL and what ought to be. Their former adu
dcaions settles these principles that if under our system,
the Constitution Of the United States does over
conquests without further action Of this Government does
not otherwise affect the question of slavery there except
authorize the Of fugitive slaves who should escape
these Territories them under its provisions that
the constitution though recognises and protects slavery,
both in the States and Territories of the Unon when and
where lawfully exists establishes it nowhere And the
necessary result from these adudcaons slavery being abolish
ed in New Mexico and California, the Souhe-n stakeholder
who emgaes these Territories with his slaves has legal
for the protection of this property Let us not
ceiye ourselves These questions have already been settled
by COURTS and if wise will with reference
to them do not argue affirm these positions point
the danger under the law, declared your Supreme Court
Look it, We need active guarantees for the protection
of rights in these Territories We have the opinion Of
Gen. Cass and the arguments of his distinguished fends
adopted and quoted by himself that shall get them
by the adoption of his platform that is impossible that
majority Of the people Ito whom he proposes refer this
question: would consent to re-estabsh slavery in the Terri
tories.
Gen. Cass, after quoting and adopting the following ex-
tract from Mr. Buchanans letter upon this subject, wit
question has already been settled by tc Of
the Union Should acquire territory beyond the Rio
Grande and east Of the Rocky Mountains tits still inn
possible that majority should reestabs slavery
They themselves colored population, and among
the negro does not belong socially degraded race
Continues in these words
With this last remark Mr. Walker fully comedies in his
letter written in S44 upon the xaton Of Texas and
which every where produced favorable impression upon
the public mind to have condueed very materially the
OF that great Beyond the del Nore
says Mr.. Waker) slavery viii pass, only because
is forbidden by law but because colored there pre-
ponderates in the ratio of the whites and
holding, they do the Government and of the Offices
in their possesson they will permit the ensavemen Of
portion OF the colored which makes and the
laws OF the country The question, Continues Gen. Cass
will be, therefore, seem examination, does regard
the exclusion OF slavery from region where exists,
M and where from the feelings OF the inhabitants and the
laws OF nations, is morally impossible as Mr.. Buchanan
says) that 1t can ever re-estabsh ITSELF"
These the reasons upon which Gen. Cass commends
his platform to bis Southern allies.
Its author admits it to produce the same result the Will
mot proviso yet Southern Democracy enounce the provso
and adopt this is the most shameless betrayal Of
what they themselves claim to be the rights OF their constu
dsgraced any political party II the claim set
up by the South be uufounded let be abandoned openly
betayed if it be well ounded and truthful oppose with
manly frmness all schemes which will defeat it.
The next question which presents itself is, to whom DO
these conquests belong For have already attempted to
show that the right govern them belongs those who
them. This question is free from difficulty. Even ia abso-
lutte Governments conquests held belong the people
of the conquerng nation. Vatte, in book Ill ch xiii in
dignantly repels any other claimant He says:
" II is asked whom conquest belongs To the Prince
who made it. or to the State This question ought
have been heard Of Can the Sovereign any
other the good the State Whose are the forces
employe in the Even he had the conquest at
his expense out of his revenue his proper pa
monal Estates does he make of his subjects
Is it not their blood that is shed I"
This argument pleads ,rumpettongued against the appo
praon OF our conquess to portion OF the people Of this
Union to the exclusion Of the rest But cited for another
purpose proves that in consolidated and absolute Govern
ments conquess belong the State which represents in all
hings the collective body Of the people, In Government
conques therefore, belong to the people Of all the States Of
the Union and is their right prescribe laws for its gov
ernment. Have they delegated this power, whom and
under what restrictions the remaining questions be
settled And they full Of difficulties, obscurites and
dangers to the country. have strong opinion that
whatever for the Of foreign conques,s
directly given in the constitution intended be given by
the trainers OF that instrument cannot bring my mind to the
conclusion that all the sovereign poweis which
rghtiuy exercise the human intended
be conferred upon Congress the simple clause The Con-
gess shall have power dispose and make all needu rules
and regulations respecting the territory and other property Of
the United States !" aud there another direct grant
the constitution upon this subject This clause Of the
stution applies, and intended apply, to territory
land II certainly be made extend to the govern
ment of conquered nations Its language and a the rules
Of legal construction, confne il this Interpretation.
The for the omission grant clear and
powers to Congress for the government Of countries be
qued by conquest is my mind clear and satisfactory The
trainers Of the constitution acted upon weseted and them
well understood principles the formation of their undamen
tai law. They had planted themselves upon the great right
of every people govern themselves They had fought for
this principles they had by their yaor, their treasure
and their blood, and established this continent The
greatest of all political wrongs in their Judgment for
people and attempt exercise the right govern
other Having fought for liberty and this right Of self
ment they engaged in the noble work Of attempting pre-
these blessings themselves and their children by erect
ing the barrier of written constitution against the encroach
ments Of tyranny They would have sconed to have inserted
such instrument provisions for the government OF
shaved and conquered nations They dreamed not that their
degenerate descendants would within less than three quarters
of century from the birth Of American liberty violate its fun
damenal principles II they could have foreseen it instead
ooudng fo the government Of such Acquisitions they would
have entered upon that sacred instrument protest. the
OF liberty and scigovernmen "aganst the deep damnaton
OF 80 foul deed They had higher and nober conceptions
OF national honor thanths plant party candidate, (Gen Cas
to whom the acceptance Of any other national satisfaction from
and its people, appears kind Of metaphysical magnanmi-
y," unworthy the age in which live, and revoltng
the common sense and practice Of mankind"
These the why there specific grant of
power the constitution for the government Of conquered
provinces and they shed additional glory and uste upon the
Of ancestors But though there is express
graft in the constitution Congress 10 egsate for the Terri
tories yet this power has been claimed and exercised under
the grant make make treaties, under the still
general underlined claim Of general right Of
regnty existing In the Government for nearly half century
II has been affirmed by the Judiciary by the Executive be-
ginning with Mr. jefferson and ending with Mr. Polk and by