The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-02-22

few settlers the right. from the moment
they arrived theTe--a mere handful Of
men, who may have planted themselves
at Marietta or Cihcinnaii-to govern and
dispose Of the territories; or to govern
themselves as a sovereign community
or was II not In the mean time right aud
proper, and within the contemplation of
the constitutional Congress, who owned
he soil, acting under the authority there
in contained, should regulate the settle
nent OF the soil, and govern the settlers
Iin those infant colonies until they should
reach sufficient degree of considerations
in respect of numbers and capacity for
SELF government, 10 be constituted into
more regular municipal organizations,
and be allowed TO govern themselves?
Sir, will not further dwell upon this
point Of the subject. But have said
there is another source of power equally
satisfactory in my nind--equally coh
elusive as that which relates specifically
to the Territories. This is the treaty
making power-the acquiring power
Now, | put it to gentlemen, is there not
al this moment power somewhere ex:
listing either to admit or exclude slavery
from the territories. Ii is not an annihi.
lated power. That is impossible. 1t is
a substantive, actual, existing power
And where does it exisll 1t existed
no one, presume, denies-in Mexico,
prior to the cession Of those Territories.
Mexico could have abolished slavery or
have introduced slavery either in Cali
fornia or New Mexico. Now. that pow
er must have been ceded. Who will de-
ny that! Mexico has parted with the
territory. and with the sovereignty Of the
territory; and TO whom did she transfer
Iitl She transferred the territory and
the sovereignty over The territory to the
government Of tue United States. The
I government of the United States then
acquired all the territory and allth sove-
5 reignty over that territory which Mexi-
n 60 held in California and New Mexico
q prior to the cession of those Territories.
/, Sir. dispute that who can. The power
exists, or it does not exist. No one
Il will contend for its humiliation. 1t eX-
II listed in Mexico. No one, / think, can
e deny that Mexico alienates her sover-
0 eighty over the territory to the govern
ment Of the United States. The gov
y ernment of the United States, therefore.
r possess all the powers which Mexico pos
Il sessed over those Territories; and the
e government of the United States can do
c with reference 10 within, | admit,
| certain limits Of the Cnnsiitution-what-
. ever Mexico could have done. There
u are prohibitions upon the power Of Con-
5 gress within the constitution, which pro-
i bibiiions, admit, must apply to Con-
g gress whenever it legislates. whether for
II the old States OF the new Territories; but
" within the scope of those prohibitions,
a the powers of Congress are co-extensive
u. aud co-equal with the powers of Mexico
a. prior to the cession.
of Sir, with egard to this treaty making
We power, all who have mad any occasion to
as examine into its character, and into the
iy possible extent to which it may be car
I'd ried, know that it is unlimited in its ma
to ture, except in so far as any limitations
d. may be found in the constitution of the
rs, United States; but upon this subjectthere
H. is no limitation which present. es The ex'
,e tent TO which the power shall be exercis.
m ed.
n, know, sir, that it is argued that there
is no grant of power, in express terms, ia
at the constitution over the subject of sla
d. very. But there is no grant in the con
IN stitution, specifically, over vast variety
ch of subjects upon which the powers o
H. Congress are unquestlonable. The ma
h jor includes the minor. The genera
of grant Of power comprehends all the par
ed liculars of which that power consists
ID, The power OF acquisition by treat.
no draws with it the power to govern al
Ct. the territory acquired. If there be
,er power TO acquire. there must be pow
in or 10 govern; and think, therefore. sil
he without at present dwelling further upo
er. this part of the subject, that from the tw
ed sources of authority in Congress to whic
rn. have referred, may be traced the pow
ler er of the government ofthe United State
Nv. 10 act upon the Territories in general.
ION And, sir, come now to the questio
eo. of the extent of the power l think it
IN. power adequate either 10 introduce {
he to exclude slavery. admit the argumel
md in both its forms ofapplication. | adm
no that, ifthe power exists of excluding, Il
in power must also exist of introducing
,lic toleraiing slavery within the Territorie
IA. But, sir, have been drawn off so f
en-. from the second resolution, whchiI hav
h a now under consideration, that have {
and most lost it out of view. In order, ther
.ce. fore that we may come back understan
hen ingly to the subject. will again read
ex. RESOLVED. That as slavery does not G
1ht. ist by law. and is not likely to be intr
on. duced into any of the territory acquire
and by the United States from the Republ
and of Mexico, it is mex xpedient for Congre
tied to provide by law either for it's introdu
dis. ton into, or exclusion from, any part
nav the said territory; and that aPpropria
ody territorial governments ought to be
title tabished by Congress in all of the sal
I do territory not assigned as the boundarit
en-. of the proposed Slate of California. will
,uld out the adoption ofany restriction OIL col
mid dition on the subject Of slavery.
6no The ether truth which respectfully and Wi
'i"o u qrca, o.lsrence conceive to exist and which
S snnounced in this resolution, is, that slavery
nue. Gkely 10 be introduced IN to any of these teri
, b,, .-.S tVaII sir is moi that fact7 Is there