The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-02-05
LOUISVILLE KY: SATURDAY,, FEBRUARY s. 1918

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the resolutions Of Mr. DIcKIssok, and III
, letter of Ger. CAss, deny to Congress tn
power 10 prohibit slavery in such territor,
but affirm that the power exists, as an inc
dent to sovereignty, in the inhabitants Of
Territory during its Territorial condition. -
The following is the language of Genera
J CAss . III
Such. It appears 10 me, would be tn
construction put upon this provision of tn
Constitution, were this question now frs
presented for consideration, and not con
trolled by imperious circumstances. tn,
original ordinance of the Congress Of In,
Confederation, passed in 1887, and which
was the only act upon this subject in fore,
at the adoption Of the Constitution, provided
10 complete frame of government for the
country north Of the Ohio, while in terri
torlal condition, and for its eventual admis
sion, in separate States into the Union
And the persuasion. that this ordinance con
tanned within itself all the necessary means
of execution, probably prevented any direct
references 10 the subject in the.Gonstitutien,
further than ,esting in Congress the right to
admit the States formed under il into the
Union. However, circumstances arose,
which required legislation, as we'll over the
territory north Of the Ohio, as over other
territory, both within and without the origi-
nal Union, coded to the General Govern
ment; and, at various times, more enlarged
power has been exercised over the Terrific
Ties-meaning thereby the different Terri
torial Governments-than is conveyed by
the limited grant referred to. How far an
existing necessity may have operated in pro-
ducing this legislation, and thus extending
by rather violent implication, powers not
directly given, | know not. But certain it
is, that the principle OF interference should
not be carried beyond the necessary implica-
ton which produces it. # should be limi-
ted 10 the creation of proper governments
Tor new countries, acquired or settled, and
to the necessary provision for their eventual
admission into the Union; leaving, in the
meantime, TO the people inhabiting them, TO
regulate their internal concerns in their own
way They are Just as capable Of doing so
as the people of the States; and they can do
so, al any rate, rs soon as their political in
dependence is recognized by admission into
the Union. During this temporary cond-
ton, it is hardly expedcnt to call into ex-
ercise doubtful and invidious authority,
which questions the intelligence Of respec-
table portion Of our citizens and whose linn
ita,ion. whatever it may be, will be rapidly
approaching Its termination-an authority
which would give to Congress despotic pow
er, uncontrolled by the Constitution, over
most important sections OF the common
country For. if the relation Of master and
servant may be regulated or annihilated by
its legislation, so may the relation Of hus
band and wife. Of parent and child, and OF
any other condition which our institutions
and the habits Of our society recognise
What would be thought if Congress should
undertake to prescribe the terms OF marriage
in New York, or TO regulate the authority
of parents over their children in Pennsyl.
vania! And yetit would be as vain to seek
one jusiifying the interference OF the national
legislature in the cases referred 70 in the orig
inal States Of the Union. speak here Of
the inherent power OF Congress, and do not
touch the question OF such contracts, as may
be formed with new States when admitted
into the confederacy."
He has no Just conception Of sovereignty
of Government, or Of national law, who does
not know that Territory has not the right
of selfgovernment, and is not sovereignty.
Ii has only such rights as are confirmed by
the Government to which it belongs. The
inhabitants Of a Territory are in the con-
dtion of a conquered peoPle--are not cit-
zens Of the United States, and can become
such only by admission Of Territory into
rIaon as State. Neither the Consti-
ne -r laws Of the United States apply
ution NJ. until they are extended TO it
0 Territory, The Territories are the
y act of Congress. States Of the Union
ommon properly OF the 'arate States
D their character OF Confeo. -. or the
he reward OF their common valU.. Con-
cqusitson OF their common treasure. Z,
ress as the trustee Of all the States, has
Jurisdiction over it for the common benefit
4 them all, and it is conceded cannot per-
,etrate the injustice and wrong Of excluding
rom them the citizens or property OF any one
( the Joint owners Yet Gen. CAss asserts
or the inhabitants OF a Territory; consist
ng of Indians, Negroes, and SPaniards Of
mixed blood, power which he denies to all
he States, through their common trustee,
congress, to exclude fourteen States OF this
from participating in the adj
antages and benefits Of such territory, even
With its own motley apd mongrel inhabi-
ants
Monstrous as is this proposition, there is
eason to fear that it has been adopted, in
onsiderately it is hoped, by number Of
Southern members Of Congress. The South
hould look with sleepless vigilence to its
tights. and see that they are not sacrificed
o party and to President making.
Senator Badger.
In his speech on the ten Regiment Bill,
II D,.Jr~ar commanded