Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-03-21

1t is obvious that the Congress, under the
as necessary to carry into effect the princi-
pies and provisions of the ordinance Of 1887
which they regarded SIS an act of the States
in the exercise Of their political power at the
! time; aud these representatives of the same
States under the new government did not
think proper to depart from any essential
principle, and did not attempt to undo any
thing that was done.
As to territory acquired without the linn
its Of the United States, it remains territory
until admitted into the Union No power
is given in the constitution to acquire terri
| to be held and governed IN that character
and, consequently, there cannot be found in
| the constitution any definition of power
which Congress may lawfully exercise be-
fore it becomes State. The power to ac-
quire territory until it is in IA condition to
become State on an equal footing with the
other States must necessarily rest on sound
discretion and it becomes the duty Of the
government to administer the law of the
/ Uuited States for the protection of personal
rights and property therein.
common benefit of the people Of the L
States, il is but IA trustee All the time the
i territory was obtained from France it con-
tanned no population to be admitted as a
/ State, and it therefore became necessary te
hold possession Of it until settled and inhabit-
ed hy civilized community, capable ct
/ self-goYernment and for admission to the
/ Union. But as We before said, it was ac-
qlired by the federal government a. the
representative aud trustee of the people of
the United States, acting through their q
gents, and government hollis it for the cam.
mon benefit until it should become associat-
ed as a member of the Union. Until that
time arrived, it WIS undoubtedly noeesz
sary that some government be estahs
lished to protect the inhabitants in thei
persons and property. The power to ac
quire carries with it the power to preserve.
The form Of government necessarily rest
on the discretion Of Congress. 1t is thei
duty to establish the best suited for the [
States, and that must depend on the nuu,bal
of its inhabitants, and .he character and 81
uation Of the territory What goyernmel
is the best must depend on the condition
the territory n the ttua. to be continue,
until 1t shall have become L State. bu
there can never be Il discretionary power
yer persons and property. The constitution
provides that Congress shall make 10 law
respecting an establishment Of religion. q
prohibiting the free exercise thereof or
hrdging tie freedom ef speech, or Of til
press or the right of the people peaceablt
TO assemble, and to petition the govcraHen
for a redress Of grievances, dc. Thus ia
rights OF property are united with The per
sonal rights. and this extends to tie terrific.
ry as wen as the States Congress eauuo,
authorize the territories to DO what it caunoi
do itself; it cannot confer Gu the terr,torie,
power to violate Tie provisions of the con-
stiution.
1t seems, however that there is supposed
to be difference between slaves and Other
property. The people in the formation Of the
constitution delegated to the general govern
ment certain enumerated powers, and for
babe the exercise Of others Il has no pow
er over persons aud property of citizens ex-
eert those enumerated in the constitution
II the constitution recognises the right OF
master and slave, and makes no difference
between slaves and other property, NO tri.
bunal acting under the authority OF tic /.
States can draw such distinction and deny
me provisions ana guarantees secured agaihs'
the eneroaehments OF the government. As
we rave already sald' the f!eaS 81 property
N slave IS expressly conferred IN the con
sttution. and guaranteed 10 every State
ths Is language too plan to De misnAder-
stood and 10 wefd8 can be found IN the
constitution giving congress Greater power
over Saves thah over ANY o'neF eeSefii' 'ioi'
VI properly
~ - eheFelo 20 the oP',lor q ,a,s eoe['
!na' Tue ACT Q, CONGRESS @aieH PTonio,1s CIT
lAe'is run io'ii's pfopef,S u .9's oliarae-
Ter norm oi = certain me y hos SaiFaii!9''
oy 'le eohs,l."s,o :, auu Is 'ic'ei'te e'il
anu 'i'tt'oi Die' So4.' .o1 "'!y Vi'V VI M
ia"lis Is vi were pi mi ',oe ~ '"cif ios'
aenee II, ih'nois' ne p'en,,n' Is ue' d o',
lho" "a ",SSo"''' oo. ""s s'''. j" s'"sc' ana
therefore gl. h'a ~ ifs"' - S''e III court :
''ie nv : "i'oo o'a'os'
me oour' having e ~ ''ie easy a.
s'an'S uuuei 'n' o'i'ssi'u,s''', f''''e''e',
o'lief lo'"'s' s"5'a a. eeo'' ", was i sioA
W VINE ne was pfouS'n 1a'H 10 HlSso~fl ir''.
ILLINOIS, Ne was uhoer 'ne ii" oi tile iorinT.
ana not OF 'he 'a'!sf. y mas nee" sc. se',le
by the highest tribunals 'hat an ihaiVlaaa