The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-12

Northwestern Territory The difference ess than eighteen
Thousand square miles, did not exceed twenythree
thousandths OF the whole OF country at that
day
The constitution conferred upon the Congress the power
to make all laws necessary and proper for carrying into ex
ecuton the vested by the constitution In the
ernment Of the United States amy of its departments,
and contained provision for the admission of States
into the Union by the Congress. This provision for the
admission of States could be carried properly into
execution without organization of territorial govern
ments to s1bsst until proper times for the formation OF
States The original authority for the organization OF
territorial governments under the constitution not safe
ly deducible from any other than these two clauses
Soon the of the present century
made under the treaty with France first acquisition Of
territory The partition Of this territory made at
tempted by Congress in 1890 is the next subject which
guires consideration. #s ..
This territory included originally nearly ii not quite
million and half of square miles bounded by the Rocky
mountains this Rio Grande, Gulf OF Mexico and Mississippi
river and line extending norhwardly authorized by
the treaty of 1888 to the Lake OF the Woods BY the tea
ties OF 1918 with England and 1879 with SPAIN its
reduced to perhaps less than million hundred
thousandsay about million seventy thousand square
miles VI .lls territory there we,e % he nor.hward q
twenty thousand miles, between 40 deg and 36 deg
80 mn about two hundred thousand and southwark Of
80 deg 80 mn about hundred and fifty thousand IL
to the last OF hundred and fifty thousand
add Florida acquired from Spain in exchange for Texas
under the treaty Of s9 the of territory to the south
ward of 36 deg 80 min increased to about two hun
dred aud ten thousand, making the whole OF
quisitions from France aud SPAIN in this direction per-
square miles If these estimates correct the intended
operation of the attempted partition Of 1920, called the
Missouri Compromise to exclude slavery from about
eight hundred and ffty-ve thousand square miles,
about hreefourths of this territory and permit its
stence within the remaining fourth containing about
hundred and seventyve thousand square miles, includ
ing Florida and the State Of Missouri
The whole Of the United States then about
million nine hundred and twenty thousand square miles
If this partition had been carried into effect slavery would
have been finally excluded from about twohird5 Of this
whole quantitysay from about one million two hundred
and sixty thousand square miles, and would have contn
ued to exist in the remaining third part six hundred
and sixty thousand square miles.
This partition would have been less unequal in value
than in quantity. The slavehoding country embraced all
the territory capable Of producing the great staple
which national is mainly dependent all our
coast on the Gulf Of Mexico and large proportion Of the
Atlantic coast The saveholdng States content with
the arrangement it could have been carried into effect
according to its spirit well according to its literal inn
port.
Texas was restored to us in ls45 In ls46 our title to
Oregon, including the present Territory of Washington
defined and asceraned in such render it
an available possession This Oregon Territory with Tex
embraced which be variously estimated
the boundary of Texas may be varously Defined
Assuming that Texas and Oregon included hundred
and fifty Thousand square miles about four hundred hoa
sand to the norhward and about three hundred and
fifty thousand the southwark of the old Carolina and
Virginia line Of SO deg 80 min On the assumed principle
Of the Missouri Compromise this line had been carried out
through Texas by the act Of annexation of l845.
On the ratification Of the treaty with England in 1886
the first year of with Mexico, whole country
thus embraced nearly, if not quite two million
hundred thousand square miles Slavery then per-
mitted in scarcely more than million of square miles.
The slavehoding States were however content to abide
by the principle Of the Missouri Compromises
This acquescence Of the southern States was generally
regarded having obviated certain legal difficulties which
would probably have prevented compulsory enforcement
Of this principle The act of 1920 in which the socaed
compromise originated left the territory south of latitude
SO deg 30 min SO that might be organized
into States with without slavery the inhabitants
might afterwards consttuonally determine the question
for hemseves Norhward Of that line of latitude slavery
was by Of 1920 10 terms oreyer prohibited
The Specification this word aforeyern If could have
been doubtful determined in its broedest by the
Texasannexaton act of l845, which, after enactng that
such States be formed out of the portion OF Texas
lying south of SO deg 80 min. north latitude commonly
known the Missouri-Compromise line, should be ad
nted into the Union with without slavery the peo-
pie of each State asking admission might DESIRE contained
these additional words:
such S,utes shall be formed out Of said
Territory north Of said Missouri Compromise line slavery
involuntary servtude shall be prohibited"
Whether such an enactment would have been coustitu-
tonay valid within Territory before its organization
State doubtful proposition as have endeavored to
show under former bead Of my remarks but that 1t was
altogether unconstitutional in its application to State, or
to Territory cotemporaneousy with its organization or
recognition State proposition which has at least
es been recognised by the Supreme Court OF the
United States and has in principle been once II not twice.
The controversy which resulted in the act called the
Missouri Compromise nevertheless originated in an en-
deavor Of in Congress from the northern
States to exclude slavery Missouri at the time Of her
admission sovereign and independent State into the
Union.
I am not one of those who find any difficulty in recog-
nising the origin OF the power Of Congress over nepydc
CURED territory, in defining the limitations to the ere
else Of that power II 1t necessary to refer to the
successive treaties under which territory of this de-
scrpon has been acquired they contain all that wouid be
requisite for the grant of the power and for It's definition
and limitation In the French cession in the Spanish and
in the Mexican find provision, substantially though
literally the in each TO the effect that The infab
ans Of the newyacqured territory SHALL as soon as may
be with the principles OF government be I'M
corpoated the Union and admitted to the enjoyment
of all the rights and privileges Of citizens OF the United
States under the constitution and that in the mean
time their rights Of property and certain other specified
rights shall be maintained and protected Independently
Of provisions OF the treaties and independently OF
the treaty making power under the constitution, the
authority to establish government within their lin
its would result from the mere fact that for all exter-
nal purposes, the United States single nation,
and like every other nation liable 10 the less and capable
acquire territory the incidents OF its acquisition under the
laws Of nations must of course attach themselves to its
acquisition. We may therefore govern them under the
federal constitution by congressional legislation.
But when come TO perform the ofce of legislators IN
Congress bound not merely by the treaties TO
which have referred, but likewise by the provisions OF
the constitution Of which the language Of those treaties are
decaraory exercise this legislative power for the cor'
mon benefit Otherwise cannot rghtfuy exercise II at
all The principles by which congressional legislation as
newlyscqured Territories ought TO be regulated are
therefore those which applicable to the
old Territories acquired common property under the
cesson The fundamental reason that they were
acquired by expenditure Of the common blood or com
mon ell the Stscs is assnrediy appbcabe TO
the subjects OF every one Of the successive cessions
These questions bad slumbered Peacefuy from the adop