The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1848-09-06
NUMBER f6.

''o P'eaoe, tht genera INTERESTS OF inS
whole and il is another aud very differ.
eht thing 10 show an actual restriction up.
on The power itself. The former relatcs
TO Just and proper mode of exercising
authority and addresses itself to those ia
whom the power Is ves'ed. The other i'm.
plies an actual exclusion Of the power.
which leaves nothing for The exercise of
discretion at oil. The honorable Senator
from Virginia, Mr.. HunIer) remarked
that, although il seemed TO him an absur.
dity to deny Congress- the power to goy.
ern the territory, yet that power must bs
exercised in subordination to some general
rule given in the Constitution. He under
took TO specify one case, and certainly il
was very unhappy illustration of tie Iuls
he had laid down. lie remarked tina, Con.
gress was bound 10 establish over q terri
tory a republican form Of government
Why, sir, what has been heretofore the ac.
ton of Congress Establish repu5lican
form of government Why, the President
and Senate are 10 send four men TO New
Mexico and five to California, who, with.
out the previous request or subsequent
sanction Of the people there, are 10 exer.
else legislative, executive, and judicial pow.
ers over them. Is this republican ? l. this
what the Constitution calls republican,
government? A government, in which the
people governed do not elect their .oyern.
ors, and do not exercise the smallest 70.
siralnt, control, or Influence over them
Sir, 1t is prepostcrous to call such an in.
stitc,on republican. How, then, do gen.
llemea make out that from this general
power Of Government, conferred without
qualification, is excepted the power of ex-
GLIDING the institution Of slavery Slav-
cry, as i, exists under the Constitution Of
the United States, is State institution
Ii exists in the States which allow il, a.
State institution, under their laws. 1t
does not exist as an institution Of The Uoi.
ted States. 1t is not an institution that
owes lis origin TO any law OF the United
States, by which slavery is introduced or
established. Nor is it recognised by the
Constitution Of the United States, o,her-
wise than as State institution. The On.
ly reference TO il in that instrument is the
simple provision by which persons bound
to service or labor 10 one State, "under
laws thereof" and escaping into another.
shall be delivered up on complaint Of the
party TO whom such service or labor may
be due. Where, then, do gentlemen find
ground FOR the conclusion that although,
Congress has power TO govern these terri
tories in every other partic ular, it has no
power TO govern them in regard TO this
particular institution? Ii the conclusion
were right, would it not follow, that TO in.
troduce slavery is as much beyond the
power Of Congress as TO exclude i!
Mr.. President, the opinions have ex.
pressed do not depend on any reasoning Of
my own, but, without referring to the pro-
cedents which have been furnished BY the
pas, history Of the Government, are fully
sustained by the solemn and considerable
judgment of The Supreme Court Of the U.
nted States, in the case so often referred
to, American Insurance Company rs. Can.
ter Pet.l both as to the source from which
the right of acquisition is derived, and the
nature and extent Of the power over what
is acquired. La delivering the opinion Of
the court ia that case, Chief Justice Mar
shall says
"The Constitution confers absolutely on
The Government of the Union the powers
of making war and of making treaties;
consequently, that Government possesses
the power Of acquiring territory either by
conquest or by treaty. Ii it be ceded by
the treaty, the ceded territory becomes
part Of the nation TO which il is annexed.
either on the terms stipulated in the treaty
of cession, or on such as its new master
shall impose. Perhaps the power Of gov.
erning Territory belonging to the United
States, which has not, by becoming State
acquired the means Of government
may result necessarily from the facts that
it is no, within the jurisdiction of any par.
ticular State, and is within the power and
jurisdiction Of The United States. The
right TO govern may be the inevitable con.
sequence Of the right to acquire territory.
Whichever may be the source whence the
power is derived, the possession of i, is in.
questioned.
Mr.. Justice Johnson, In his opinion, do.
lvered in the same case, when in the cir.
cui, court, thus expresses himself;
1.-THE right, therefore, Of acquiring ter.
ri,ory. isaltogether incidental 10 the treaty.
making power, and, perhaps, 10 the power
of admitting new States into the Union:
and The government Of such acquisitions 10
of course left to the legislative power Of
the Union, as far as that power is uncon.
trolled by treaty. By the latter We ae.
quire either positively or sub modo, and BY
the former dispose of acquisitions so made;
and in case Of such acquisitions, sec moth.
ing in which the power acquired over the
ceded territories can vary from the power
acquired under the law Of nations by any
other gosernment over acquired or ceded
territory"
Now, sir, here is, il can understand it.
clear and decided opinion Of the court.
delivered by the eminent man who at that
Il