The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-15

territory would be dedueed from the same source,
But sir, speaking generally, almost universally.
are terminated by treaty. and the conquess transfer
red the acquiring power by cesson The real source
and origin o this power therefore, are 70 be found IN the
treaty making power and its derivatives. II might
be implied as necessary incident to the power
TO make treaties, but II Is more generally tie
result of express stipuatons made in the exercise
explanation and by the application Of II to the case be-
fore US. BY the power which you have to enter into
treaties with foreign nations. you have acquired this
Mexican territory II II indispensable 10 you TO re-
sort TO the principle that the right acquire gives you
he right to govern, agree that the right might be de-
duced from that source But this is not necessary for
there y IN the treaty an express stipulation tor the exer
else OF the power, which equivalent to grant, under
which not only authorized but bound TO exercise
il. since treaties, when they in conflict with the
constitutions aud when they are ratified by the compe
tent authorities OF the naon become the supreme law OF
the land In those treaes-in all Of those which are
treaties Of cessionhe right to receive the ceded terrific
res accompanied by the express stipulation to govern
by the stipulation protect them in their persons and in
their property, which alone be done by government
The power them TO territory which Is acquired
by cession oil foreign naion is power deduced from
the treaty BY which that territory ~ aeanSed: which
treaty, upon its ratification, becomes the supreme law OF
And now, sir, think you may see what is the
that there express grant ln the constitution 70 organ
ze territorial governments That may be found in
the fact that there necessity Tor it, existence
there Cast your recollection back to the period when
the constitution adopted-consider what were the
objects upon which This power % organize tesro-
first, the INDICATED territory OF the United States.
And what thatl The great Northwestern Territory
the subject OF the famous ordinance OF 1857 Now, In
respect to that Territory, il portion Of the State Of
Virginia, subject to the sovereign law of Virginia
While Virginia held it, was competent for her to organ
ize government there; and when the sovereignty OF
Virginia transferred the confederation if the
federation had had the power receive the transfer the
sovereignty which had been heretofore in Virginia might
presume scarcely lawyer Of the present day who sup
poses that the Congress- OF the confederation had the
power to do what they did But validity was given 70
agency provided by the ordinance to the state OF thngs
which existed under the consttutonnot BY that or
ane S,S ae o. Su Dy ns clause s q s
entered into by the government OF the confederation
should be obligatory upon the government Of the United
States established by the constitution Here, thens was
contract entered into between Virginia and the federal
Congress, which rendered valid by stipulation OF
the constitution Of the United States From that trane
OF the sovereignty by Virginia. and this recognition OF Il
by the constitution OF the United States is derived the
authority to organize governments in these Territories
When, therefore, Congress have organized governments
Territory, they have not acted under the power
which you calling into exercise. but under the
power derived from the transfer of the sovereignty OF
virgnis and the provision OF the constitution OF the
United States which gave validity to thai act. sg.
That disposes OF the first class OF territorial govern
mentorganized by the United Saiesthose in the North
Territory Now, with regard to the second that
s governments which have been organized in Terrific
which heretofore portions Of different States Of
THIS Union, Wnlcn were unlOcaeu al the ume Oh tu6
adoption OF the constitution, and which have. by subse
quent cesson been transferred to the United States Pre-
cisey the same principle was applicable to Them asin
the which have been considering. Georgia ceded
10 the United States an extent OF territory which now
constitutes the two great States OF Alabama and Misels
sippi. While they remained under the sovereignty OF
Georgia, il competent 10 her 10 have organized ter
noria governments within their limits but she ceded
them the Uned States and transferred not merely the
SOIL but by the express terms the sovereignty ana urs
dicton She did more. She stipulated for the organiza
ton OF territorial governments within those Territories
This therefore sufficient authority Tor establishing
territorial governments in the Territories OF mississippi
and Alabama, and in Tennessee, which was territory
ceded from North Carolina to the United States, and was
in like condition.
Then there remains the other class OF territorial gov
enments organized upon territory acquired BY the United
States from foreign powers and Tor the organization oil
governments within those Territories. II always com
peten United States do whatever necessary
or the fument OF its treaty stpulaoas which, by the
act OF ratification, became the supreme law o the land.
suggest to you, then. sir that this alone furnishes
that our ancestors aid NOT ancpa,e the future extension
OF the limits OF therepublc why there was no express
power TO organize territorial governments contained in
the consution-namey, that the grant OF such power
was wholly that with regard the unlo-
Gated territory OF the United States--hat which was
within its limits at the time OF the formation OF the con-
stution--it competent for the government OF the
United States establish governments BY virtue oil the
transfer Of the sovereignty OF Virginia. and the recogn
of the validity OF that transfer as an engagement Of
former government by the constitution OF the United
States that in relation TO territory within the limits oil
particuar States the same power was acquired by the
and transfer OF sovereignty Of the ccdng States
And with regard such territory should be acquired
from foreign natlous II was competent TO the government
OF the United States establish territorial governmens
in virtue OF treaty stpulations which they author
ized 10 make and bouni 10 execute.
have endeayore 10 show, sir, that the power which
il proposed exercise and the exercise OF which
these resolutions coniemplate-the power TO prohibit
slavery in the Terroriess not which be derived
from either Of the which have stated, and that
there is no just decision or legislative precedent IN the
tain the exercise Of such power.
But, sir II is attempted 10 rest this assumption OF
thory upon certain legislative precedenis unconnected
with the organization oil the territorial governmental. II
said that Congress prohibit slavery in the Terrific
the organization OF territorial governments, and
that they have already exercised this power in several
instances.
ofbidding the importation OF slaves into the mississippi
territory from without the limits OF the Une States III
will recall TO their recollection the discussions
which have been had upon this subject they will rcfnem
Der that this has been greatly relied upon py
hose who asserted the existence OF this power and urgei
application the Territories for which governments
have now to be organized They will recolsct tnat
slaves from without the limits OF the United States into
the Territory OF Mississippi, the inhibition IN the const.
futon OF the United States which forbade interference
with the importation OF slaves into the States, under
tain circumstances specified in the clause, until ls0S,
still in full force. fsts
And now, the point Of inquiry is this: was this the
exercise OF the power which you now contemplate OF
Congress has power to regulate the foreign and domestic
commerce Of the United States The power to inhibit
the importation of slaves from abroad was power which
restricted until the year 1908 and the OF that