Weekly national intelligencer., 1848-08-12


They found express direct authority acquire. and
to govern The provision in the constitution relation
governing territory evidently relates property than
government Thus case sprung up not anticipated Pos
session had been taken of thing which they had right
take according that view Of the What bedone
believe correct in saying that the leading statesmen
that day of opinion that there constitutional
er TO acquire territory or to if acquired think that
has been very often stated here and think be necessary
proof can be readily produced support Of that view The
plan OF Mr. Jefferson amend the constitution, and in
that way to egaze the and clohe the Government with
jurisdiction the territory. II is that very
difficulty upon this point They could not retace their
steps The transaction had been completed and could not be
annuled Suppose the question of amendment had been sub
mted according to the forms Of the constitution and failed
what then The country would have been left in possession
Of he sovereignty and the soil of this territory, without the
power to govern it, The Government obliged,
sae rel to retain il and then the discovery made which
seems now to be well enough understood that the acquisition
OF territory necessarily brought with the power to govern
tha the one Is the incident of the other.
say, them to all gentlemen that every who on this
o or elsewhere, advocates the right OF acquisition,
cees the right to and whether sustained by the
sttion not he admits that right the of the United
States. Without dwelling longer, however, on this subject
for have said enough believe make myself understood
ane that all desre- say, in to the main
meat urged here, that the right sovereignty implies the right
regulate property that the conclusion is undenabe and
tina sovereignty without the right to regulate property
thing wholly unheard of in the history of political society 1t
one of the very attributes Of sovereignty to regulate, deter
po1ery of all sois and manage the public good and
the existing exgences of the country shall demand both
respects the public morals and the private rights of citizens
this basis that have governed Louisiana Florida
and Missouri and all the territories which obtained by
these purchases. When became the purchasers Of
these territories pushed ourselves out beyond the
sonndngs Of the constutonbeyond its bounds and limits
that then went to other Of power and
authority unknown to the constitution proves be
thing acquire because money brings the acquisition But
when come to the division OF the spos-when
questions Of political power, and TO the compromises
of the constitution which liable to be affected by these
qusons-questons of greater difficulty, a5struse in
their character, and complicated, present themselves
Great minds have been turned to this subject inquiry has
been made th of this debate by Senator from
South Carolina (ir CALHoUs) and other genemen as to
the measure Of tbs power. The gentlemen the
leaves Of the constitution and find for this proceed
ing there, and according to opinions which have
the newspapers they reach the conclusion that Congress
has power he subject because is written down
the constitution But is quite late the day men
who have advocated acquisition round and say that
the constitution coers power Of acquired
and the distinguished Senator from South Carolina
felt the pressure Of his difficulty He took the ground-as
sumed, believe, BY the Supreme Courthat the power to
necessary incident of the power acquire But
the Senator says that it is absolute power concede
that certain aspects Of this question IT. instance he
by it that the United States have power establish
despom there concede that he is substantially right in
principle for ought to exercise the power conformity
with the fundamental principles Of the constitution. But will
the Senator inform where the boundaries of that
laid down. by what authority he that no
right to touch the question of slavery Does he find any
warrant in the constitution for that assertion Does he find
any foundation for it in principle II Just easy for the
Senator from South Carolina prove that there is no right
power authority in the Legislature Of territory Con-
gress, which the thngfor the territorial legislature
derives its power from the latter he just easily prove
that neither authority regulate kind OF pro-
perry What is it that the stakeholder considers valuable
This right of property and nothing else Il is this right to
the service which is characterized believe in all the slave
State right of property That is the thing which he ap-
preciaes which he esteems OF value and Importance On
what authority, then, any gentleman deny the right to
regulate this property any than he deny the right
regulate other property You might just well undertake
prove that the territorial Legislature has power suppress
the sale Of lottery tickets suppress gambling, pre-
the sale of obscene books and prints any other thing
in the Of property which held be offensive good
morals hold that property in slaveyf he property
and willing concede that for the purposes of the
argument in order il uly-is way dsinguishabe
from any other property. Now, go further. maintain
that Congress has regulated and controlled this property at all
times This is fact neither obscure doubtful in the his
Of the country Slavery existed in Louisiana and For
da when the United States became the purchases Of those pro-
vnces When the United States obtained possession of the
sovereignty Of those territories the property in vacant lands
was very subordinate consideration The great
to obtain the right To the country Now, undertake
that the United States have used that sovereignty by
legislation of their Own, that of the governments establish
ed by them in the Territories that slavery has been maintain
ed there by the power and will Of this alone un
less slavery exist independently Of law, and without
hoy and from the existing Government which
absurd wholly unnecessary for go into the his.
tory Of this legislation. Every gentleman understands,
think. this position
But go still further. hold that while these Territories
have been brought n without any grant provision the
constitution authorizing il Congress has imposed upon them
by its legislation, the laws inhibng the slave trade with
places out Of the United States The United States there
FORE have exercised this control slavery every
and they have the power to support and maintain (which
contend they have exercised just eecuay in the Terri
tories they have in the District of Coumba-who can
with this fact staring him in the face rise up and say that
Congress has power slavery in the Territories Slave
ry in the States is quite different thing have often said
here-and now repeat it, that may be misunderstood
that Congress has power interfere with the institution in
the States Now, slavery not the natural condition Of
No becomes slave, except contrary TO his WILL by and
under authority, which Is called law by force Of ply
scal power Slavery unless il make law and support
and sustain ITSELF exists and has existed and been sustained
in these Territories by the United States IT, then, they
create sustain IT, they abolish it, unless prohibited by
the constitution The power implies the other do
contend that should be exercised without suitable and pro-
per Imitation Here every where else would observe
the provisions OF the conut on and IL private property be
taken, make suitable indemnity. Without pursuing this
matter further may remark that vague idea has been
thrown out that shareholders may with their slaves any
free territory Il has been said that they carry with them
right TO maintain and enjoy their property. Il is somewhat
difficult ior me TO comprehend how this could be brought
abou-how saveholde removing from the State Of Virginia
into the Territory Of Oregon, clothed with power and