The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1849-08-16

mate or lnaiiiflg'c, and rational or irrational.
There can be no exception; as property every
where, and of eyrry kind, is subject to the con
troll Of tbs authority OF the country. Thus
tar hold, that there can be no reasonable donhi.
Nor can there be ANY, that the same principle
applies between the several states IN our sys-
ten of government. Slaves OF any other prop
crty carried into state where il il also prop
criv, continues still 10 be So; but. If into one
where Il Is prohibited, it ceases to be property.
This i, admitted. too, by ALL |, i, also admit
ted by alt. tina, the general government cannot
override the laws Of n state, rs To what shall
or shall not be property, within the limits OF it.
authority. The only question then is what is
the power Of the general government where Iis
authority EXTENDS beyond the limit, OF the au-
thorirv of the states, regarded IN their separate
sud individual character or, to make Il more spe-
ciic, can II determine what shall, or shall not be
property m the territories, or wherever else its
authority extends, beyond that Of the state sepa-
rajelv or, TO make j, still more 50, can it estab-
lish slavery IN the territories! can il enact law
providing that any negro or mulatio found IN
the territories of the United States shall be- Il
slave and b. liable TO be seized, and treated A.
such hy whoever may choose TO do 80 Ac-
cording TO Col l,entons doctrine, that Congress
may lcgislate as II peases, upon the subject Of
slavery IA the territories, it would have the
power, but doubt whether there is another in
diyidual who would agree with him. But If il
has not the power TO establish slavery IN the
territories, how can il have the power 10 abol-
ish it, The one is the counterpart of the other,
and where is the provision of the constitution
to be found which authorizes the one and for
bids the other
The same question may be propounded as TO
public and private Vessels belonging to the
United States and their citizens on the high
seas for the principle which applies to the ter
fitorics, equally apple, 10 them, aud 10 all
places to winch the authority OF the general
government extends, beyond the states regarded
separately.
1t is, indeed, a great mi=concer'ion of the
character and object OF the general government,
to suppose that II has the power either to estah-
llsl or abolish slavery, OF ANY other property,
where its authority extends beyond the lmit.
of the states regarded Individually. Il, asthor-
ity j, hu, the united and loiut authority of the
several states, conferred upon 1t by tie ooa-ti-
tuition, adopted on mutual agreement, bat by
the separate act OF each state, IN like manner
in every respect, n each adopted It's own sepa-
rate constitution, with the single exception that
one was adopted without, and the other on mu-
,ual agreement of all the states II j. then, IN
fact, the constitution of each state, is much ~
IL own separate constitution. and is only the
constitution Of an The states because i, is that
oi each As the constitution made the general
government, that too Is, IN like manner, >, much
the government of each state rs It's own sepm-
rate government and only the government OF
AL. because It Is the government OF each 50
likewise are IFS laws, and for the sam, reason II.
authority then. but the united and common
authority OF the several states, delegated by
each, TO be exercised Tor the mutual benefit OF
each and al and for the greater security OF the
right, and Interest,", of each aud alL 1t was ior
that purpose the State. united in a federal union,
and adopted common constitution and gov
crument Win the same view they conferred
upon the government whatever power ii has vt
regulating and protecting, what appertalned Go
their exterior tlatious among themselves and
with the rest Of the world Each, IN hrici,
agreed with the others, To- unite their loiut att
tlouly aui power 10 protect the safety and
r-A,s, ami promote he interests of each by
their united power.
Such is clearly the character and object Of
Inc general government. and OF the authority
and power conferred on II. Its power and au-
,huntv, having for It's object the more perfect
protection and promotion Of the safety and
rights Of each aud all. it j. bound 10 protect by
iheir united power the safety, the rights the
property. and the interests of the citizens of
all, wherever It's authority extends. That was
the object for comforting whatever power aud
authority it has and if It fails 10 fulfil that, 1t
fails to perform the duty for which It was ere,
ated. Il is enough for II to know that II Is the
nght, interest or property of ciuAen OF one
OF the states, to make il it, duty to protect It
whenever It comes within the sphere of IT, au-
lhor,ty whether in the territories, ~ on the
hugh seas or anywhere else. Its power aud
aulhont; were conferred on 1t, not To establish
or to abolish property, or rights Of any desefip-
ton. but To protect them. To establish or
abolish belongs to the states, in Their separate
sovereign eapaoity--the capacity III which they
created both the general and their separate
state governments II would be-, then, "A total
and gross pener,ion of lis power and authority
10 use them to establish or abolish slavery, or
any other property of the citizens OF the United
States, in lhc territories All thu power u has,
IN that respect, Is TO recognize as property
there, whatever is recognized - such hy the
authority oi any one If the states, Dts own
being bat the united authority of each and AL
of tho states and 10 adopt such laws for it,
regulation ard protection rs The state of the
case may require Nor Is there the slightest
danger that the recognition Of the properly OF
citizens Of each and ail the states within the
territories wouid turn them into babel a. Cot
Benton contends, All may co-esist withou,
conflict or confusion, by observing the PLAIN
and simple rule Of dnty and Justice.
There !, another error akin to this, that the
Mexican law aboli,hng slavery, is still IN fone
in New Mexico and California, whcs not par
,iclo Of il, authority ur sovereignty remains N
cithrr. Their conquest by "a, and The treaty
that followed, c,tingnishcd the whole, and with
It, aau1lcd all her laws applicable To them, eN-
cent those rclniinr 10 such rights ~ property
and relations between individual, ~ may b,
necessary 70 prevent anarchy; and even these
are continued ouly w ufcragce, and "a the i'm.
N