Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-11-30
TREPLY OF MR.. cLrNGMAN TO MR.. FooTE.

CITY OF WASHINGTON, Nov. IL, 1S49.
Dear Sir Yours of the 10th instant has been
ceived, in which you ask my own views, as well as
my opinion, as to what will be the course of the
South in either of the contingencies referred to-
Your position representative OF one OF the States
and the consideration due you personally merit alike
prompt reply. ~..-. -.' E'.5
Having on former occasions given my views in de-
tail with reference to the whole subject it is not
cessary for me to do so at this time l proceed
therefore, to give you simply the general results Of
my reflections.
The Federal Government, because it is the govern
ment of the United States, is the trustee and agent
for all the states and their citizens. Every power
therefore, which it rightfuly exercise, it must
of necessity exercise for the benefit of all the parties
toit The territory the United States being the com
property the government is bound to administer
it far practicable for the benefit of all the States
as we'll as their citizens difference, however, ex-
lists among them relation to the institution of sla
very. When then the constitution was formed twelve
of the thirteen States slayeholding. That in
strument, though it has clauses expressly inserted
the protection OF the rights and interests of slave
holders contains provision for the abolition of sla
very any where. Ifthe government therefore, can
properly exercise such power in any instance, 1t
must be because its duties general agent, acting
to meet the interest and views OF its principals
require it. But fifteen of the thirty States of the
Union still maintain the institution of slavery. 1t is
obvious, therefore, that the government could net
consistently with its powers general agent,
clude the shareholders as class from all participation
in the enjoyment of the territory of the United States
1t is, the contrary under solemn obligations to
spect the rights of ALL 1t has always heretofore
/ understand its action shown of this obliga
ton. When the muchtalked of ordinance was adop
ted by which the territory north of the Ohio river
was made Free all that portion OF country south o
the river to the Gulf of Mexico left to be occu
pied by Shareholders. When slavery abolished
in the northern part of the Louisiana territory the
southern portion, regarded the most suitable fo
SHAREHOLDERS was left to be so occupied On the an
nexation of Texas, when provision against SLAYER,
north of sc deg. 80 min. was incorporated much tn
more valuable portion was left still for the o
Shareholders.
But it now proposed to adopt the policy of exclu
ding shareholders as SUCH from all the territory of thu
United States. This would be an entire revolution
in the action of the Government; revolution which
could not occur without total violation of the spr
it and essence of the constitution Since those citi
zens who do not own slaves permitted to oceup,
every part of the territory of the Union it has bee
doubted by many whether the government can right
fully exclude Shareholders from any portion of tn
common property. But, even if there should be
power to divide the public territory for convenience
between the two classes it is perfectly clear tina
there be ne right to exclude class entirely.
have heretofore said that should regard such
clusion being great vioation OF the constitution
the Government could possibly commit But even
this action should be viewed simply as an enormou
abuse of power it would be not the less objections
a BILE. The government has unlimited powers In rela
tion to the establishment of post Offices throughou
the Union If, however, it were to withdraw all th
post Offices from the slaveholdng States the groun
that the citizens Of those States were not worthy