Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-02-21

he has advanced adverse to my own bat
must say, sir, that when point is settle'
/ by ali the elementary authorities, and b
! the uniform Interpretation and action of ev
cry department of or government-leglsla
tive, executive, aud ludicial-and when tha
point has been settled during period off fifty
years, and never was seriously disturbed un
, I'll recently, think if wc are to regard any
thing as fixed and settled under the admin
istration of this constitution of ours, 1t /:
the question which has been thus invariably
and uniformly settled. Or, SIR, are we to
conclude that nothing--nothing upon
earth is settled under this constitution, and
that every thing is unsettled Z!
Mr. President, we are to recollect that ii
is very posslble-that indeed, it is quite
likeIy-that when that constitution was
formed, the application Of it to such terri
tcries as Lonisiana, Florida, California aud
New Mexico, was never within the contem-
platon of the trainers of that instrument
1t viii be reccolIected that whey that con-
stllution was formed, the whole country
northwes. of the OHIO was unpeopled; and
it must be reccolecled, also, that the exer-
else of that power to make governments for
territories III their infant state is in the ma
ture of the power temporary, and such as
must terminate whenever they have acquIr-
ed population competent 10 self govern
men. Sixty thousand Is the number specI-
fed in the ordinance of 1871. Now, sir,
recollect that when this constitution was
adopted that territory was unpeopled; and
how was it possible that Congress, to whom
1t had been ceded for the common benefit of
the ceding states and the other states Of the
Union, had no power Whatever 10 declare
what description of settlers should occupy
the public land! Suppose that Congress
had taken up the notion that slavery would
enhance the value Of the land, and, with a
view to rcplenish the public treasury and
augment the revenue from that source, that
the Introduction of slavery there would be
more advantageous thIn It's exclusion,
wo,Ld they not have had the right under
that clause which authorizes Congress to
make the necessary rules ald regulations
respecting the territory and ether belonging
to the United States"-wouid they have no
right, discretion, or authorliy-whateve
yoa NAV choose to call ito say that any
body who chose to bring bis slaves aud set
tie upon tie land aud Improve II should do
so Ii might be SAID that II would en-
hlnce the yallc Of the property; it would
giye importance to the c0uatry it would
build up towns and villages a..d in fine
we may suppose that Congress might think
that a greater amount of Revenue might be
derived from the waste lands BY the intro
ductioa Of slavery than could be secured
BY it, exclusion; and will 1t be coutcnded,
If they 50 thought, that they had no right to
make sach rule ! why, sir, remember
how those settlements were nude. They
began with very few persons. Marietta
was, think, the first place settled in
the Northwest Territory. My friend now
before me, Mr. Corwin, viii correct me if
am wrong. 1t was a small settlement,
made BY some two or three hundred per-
sons from New England. Cincinnati was
the next, and was settled by handful Of
persons from New Jersey, perhaps, or some
other of the states Nov, sir, had those
few settlers the right, from the moment they
arrived lhere-a mere handful of men, who
may have planted themselves at Marietta or
CiuclnnatI-to govern and dispose of the
territories, or to govern themselves as d
sovereign community! or was 1t not in the
meantime hight aud proper, and within the
contemplation Of the Constitution, that Con-
grcss, who owned the soil, acting under the
authority therein contained, should regulate
the settlement of the soil, and govern the
settlers in those infant colonies until they
4 q, az nf
eration, III respect Of numbers and Capacity
for self government, to be constituted into
more regular municipal organizations, and
be allowed 10 govern themselves!
Sir, will not further dwell upon this
point OF the subject. Bat have said there
Is another source of power equally satlsfac-
tory 10 my own anInd-equaiiy conclusive
as that which relates specifically to the Fer
ritorles. This Is the treaty-makIng power
the acquiring power. Now put it to
gentlemen, IS there not at this moment
power somewhere existing either to admit
or exclude slavery lrom the Territories! Is
1t an anmhilAled power! That is im-
possible. 1t is a substantive, actual exist
ing power. And where does 1t exist! 1t
existed-no one, | presume, denles-In
Mexico, prior to the cession OF those Ter
rtories Mexico could have abolished sla
very or have introduced slavery either in
IN California or New Mexico. Now, that
power must have been coded Who will
deny that Mexico has parted with the
territory, and with the sovereignty OF the
territory aud to whom did she transfer ii
She transferred the territory aud the sover-
eighty over the territory 10 the government
of the United States. The government of
the United States then acquired all the ter
rilory and all the sovereignty over that ter
rltury which Mexico held Iii California and
New Mexico prior to the cessiOn of these
Territories Sir, dispute that who can
Tue power exists, or 1t does not exist. No
one will contend Tor It's annihilation. Ii ex-
Isted IN Mexico. No one, think, can de-
nv that Mexico alienaied her sovereignty
over the territory to the government OF the
United States. The government of the u.
States, therefore, possesses all the powers
winch Mexico possessed over those Terrific
ries !; aud the government vi the United
States can do with reference to them
within, | admit, certain limits OF the Con-
stitutiou-whateyerM Mexico could have done