The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-11-23

Ths msss-ss OF 0svssasr Chapman % Alabama.
We have received . copy OF this document which was
transmitted to the Alabama legislature on the second
Monday in this month 1t long and able paper. and
gives minute account Of the condition OF Alabama.
which must be interesting TO the people Of that State,
not to the people of the Union. portion Of i Is de-
voted to the slavery agitation which has caused much
bitterness between the sections OF the conederacy
and we extract the views and recommendations Of Gov
Chapman on that head as indicative Of public sentiment
in Alabama and as an important portion OF the history Of
the day,
Having thus placed before you for your consideration
every subject connected with the domestic pocy OF the
feel that had not discharged my whole duty IL before
retiring from office, did not call your serious attention
10 the question OF slavery In the territories. and the action
never presented itself to the consideration Of people
lion Of State and Individual honorof self-pressrva-
Il il not necessary to refer specially 10 the different
measures proposed in the last Congress- you are well
formed as 10 them from other and have shared
In that lust Indignation which they excited among the
people Of our State and doubtless prepared TO do
whatever is necessary preserve their rgha and vnd
cate their honor; and such action IL, in my opinion de-
sons and compel the people and politicians OF the North
pause and calculate what may be the value Of the
Union to THEM
Alabama ardeny desires to perpetuae the Union she
feels the dignity OF her position member OF great
and powerful conederacy; She is not nsensibe 10 the
benefits confers, the gories OF which II Is the mon
achieved IN resisting oppression But the Uaion to
which she became party was Union OF equals; the
compact which she assensd guaranteed to her citizens
other State and she cannot be subject any action OF the
federal government, of any OF its departments nor
Of any unauthorized assembly IN the territories OF else
where calculated annihate her equality or impair one
jot or title Of the rights Of her people.
The federal government is one OF limited delegated
power possesses those only which are specified IN the
constitution and such others necessary and prop
err for the execution of those which are granted.
The clause upon which il s attempted to graft the right
to prohibit slavery defines the power OF Congress over
property belonging to the United Siateno greater and
no less no, differing in kind degree from that which
may and does exercise over the public lands N TINS
State Il can annex no condition TO the settlement OF
the territories which il may not annex under the same
clause to the sale OF the public domain here's both are
held BY the same right and IN me same capacity as
The territory and other property belong not to it, but
the States, and the people thereof limited by the con-
stitutona compact into which they entered. each with
every other They the prncpals-the federal gov
eminent the agent trustee and can annex no condi-
ton to the execution of that trust not specified by its
70 he 2 sas IF
power under this ause is at an end because the trust
executed.
The right Of citizen Of the United States TO emigraie
to any Of the territories undeniable law which fo!
bids his taking with him any species OF property recog
missed and guaranteed BY the constitution, being virtually
law in restraint Of emigration, would be void. MOI
can that condition be imposed upon them prerequisite
to the formation OF State To make their own Local
laws and constitutions is right inherent in American
czens they possess them in the States where they
rights. they cannot be subject 10 condition.
The right Of governing the territories Is not derIvable
from the clause under which il has been claimed by tn
but is incident TO the right OF acquiring
territory This principle has been. recognised BY thu
Supreme Court Of the United States. The right Of gov
ernng however, in suoordinaou TO the terms and
spirit Of the constitution the rights Of the States and thu
people thereof ~.
This brings me to what consider the true source Of
to the South For SUSeSs 90 not much
measure. 90 directly assang the equality OF the States
II may be threatened order TO direct our attention from
that point where the blow will be struck and to recon
gerous liberties but not 30 apparently unjust les
offensive TO the State pride, and TO which the aelton o
the people has not been 80 much directed ! a,ads e
stution and the fraud upon the country, which ID nov
being pepeated in California, TO rob M OF the territory
thus consammae the object Of the provso BY Mexican
aid.
Il appears from the most reliable information receives
from that territory that the people. unprovded with an,
Il
eminent, TO continue until Congress should provide TO
their wants This, though revoutionaryin its character
does TO have been intended in derogaon Of tn,
rights OF Congress, but measure oil necessity. Thei
proceedings. however, forbidden, and their nten
lions frustrated by the general commanding the Unites
States troops in that quarter, not from any anxiety to pre-
serve the rights of those who sovereign in the terrific
nv, but TO commit still greater outrage upon them b,
proclamng the continuance OF Mexican law and hmsel
civil governor under that law and by the quasi appoint
ment OF the Secretary Of War Thus that officer com
bned in himself the legislative function Of directing wha
laws should be in force with the civil, executive.
military power
Either the people Of the territory are sovereign there
or the people OF the States. II the former, then the
have the power 10 form any kind Of government the,
choose and the conduct OF that officer denial OF tn
principle which lies at the base political system
that governments derive their Just powers from the
sent OF the governed IL in the latter the rights Of gov
eminent belong exclusively TO their agents and repre-
sentatves-Congress-an IL IL no less fragrant viola
ton Of their rights In this usurpaton, unprecedented
Il appears that he Is sustained by instructions from tn
4 War Department and acts in accordance with the opn
ions and advice OF the President and Secretary OF State
II is beyond he competency OF the President to Great
an Office He appoints to such Offices ~ exist under IN
constitution "or are created by law" when no other mod
OF appointment s provided. The Secretary has no pow
er 10 appoint unless invested with il by Congress With
out act OF Congress creating civil governor OF Cali
fornia the Office has existence II does not exist b
4 Mexican law To say so would be 10 asser that III
laws OF nation extend beyond the limits Of her juris
4 dsct,op and info snr,o a