1'tfUL.ISHEn
BVERr SATURDAY1
In advance, per year,$3 00
Not paid in advance, S 50
Not paid until six
months have expir
ed' . , 3U0
Not paid till the year
has expired, 350
No subscription received
u Aess ume than a year,
unless the price be paid in
advance.
" CHARACTfiR is AS IMPORTANT TO STATES AS IT IS TO INDIVIDUALS; AND THE GLORY OF. THE STATE IS THE COMMON PROPERTY OF ITS CITIZENS."
BY WIVI. XX. BAYItfE. j
FAYETTEVILLE, SATURDAY, JULY 22, 1848.
COMMISSION MERCHANT
GENERAL AGENT,
lVILMINGTOSf, X. C.
100,000 Acres Valuable
TIMBER LAND
FOR SALE.
vox. 9 no. 491.
TBMUKB OF
AOVBSTXOZrro :
One square of twenty-ona
lines or lew, for one inser
tion, 60 cents ; every sub
sequent insertion, 30 cents
except it remain in for sev
eral months, when it will
be charged $3 for two
months, g&l for three. &c.
$10 for twelve months.
Liberal deductions
for laree advertisements
- - -
y the year or six months.
T
IlIE Subscriber has purchased all the Lands
belou;.jiii to the estate of Abram Dubois,
dee'd, lym principally in Robeson county, and
on both sides ol Lumber rirer, the different sur
veys containing ovei ONE HiJNDJtED THOU
SAND AC!IIS; a 1 irge part finely timbered,
and convenient to Lumber river, where a large
cpiantity of Timber is now rafted to tjie George
town market. These lands are very valuable
both for Timbei and Turpentine, for which pur
pose a 1 ire p.rt is well suited, bein in a region
'where the Turj.enti no yields rnre abundantly
than any Hllier sectina u" the State. The hinds
will be sold at a low price, and in .quantities to
suit purHnsers
Inform itio. i respe-t i tb title can be cbtuin-
!,.. Kiui T!,.l.,..f tinrra T f
, Smith. F.sq., Attorneys at
WANTED !
20.000 Flour Carrel Staves; 10.000 Hoops.
Jan. la.. 1S4S. GEO. McNEILL
Has opened a large and NEW
STUCK OF
Principally
HARDWARE AND CROCKERY,
With a neat assortment ot
DRY GOODS,
Which he will sell for the lowest prices
Sept. 1, lo?47.
41G-tf.
NEVi
A. A i
Dubbin, Ksq
Law.
I un b r.taiid there are many trespassers on
the-e land-', to all f whom notice is hereby jriven
that the law will beeufjreed against tdl such of
. fenders.
' A pplicat ion for any part of the 1 mils can be
ma le t y myself, oi to John Wiuslow, Esq., who
will be duly authorized to make sale of the same.
rilOMAS J. CURTIS.
M.u-ch 1, i Slo tf.
TIMBER AGENCY.
IHK uni'.ersiirned will attend ti the selling
of Timber in Wilmington; and whenever
'there is a " y;lut" in the market, J. C. lilocker
will liv't it his perrsoual attention at other
times, orders for the sale of Timber will prompt
ly he despatched yp addressing W. &, T. Love
who will act in mv aUseuce. It luinctunlitv in
makiif' returns will ensure patronage, then thev
hope to receive a share.
J. C. 1 SLOCK Eli & CO.
Wii.mincto.v, Sept , 117. -MD-Iv.
AND CHEAP
GOODS.
JAMES KYLE
HAS just received hid Spring sujjily of DRY GOODS
tinwux which are
Superfine Cloths and Cassiiwrcs,
inliam ami Calicoes.
Printed Lawns and NTuslins.
Irish Linen, f awns and Diapers,
Domestics. :i-4 to 12-4. l.h li'd and l.rovrn,
ott-m and thread I.acf and Kdiring.
. Silk and Cotton Handkerchiefs.
Drab De-tlte and Summer Cloth,
Alpacea. cotton and silk w:ti.
I.arre silk Shawls and dress do.
1! inuut. cap and tall'-ta llibboiis.
' Lcjrhorn. straw, and othrr Ilouuvt;,
Anker Bolting Cloths. No. 1 to 10.
With many other f roods. -all of which being purchased ty
the package fur cash, will he offered at reduced prices, by
wholesale or retail.
. FayettcviUe, March 25. 1S48.
LIBERTY POINT
MOT E1L.
FIIIE
TlTie Camden
AX1) MARINE INSURANCE.
Com-
1 118H raucc
I:my ol" N. J.
NEAR PHILADELPHIA
5Z)33 $100,000.
11. I.. liUCKLV. Sec y. 11 W. OODF.N, rros't.
The undersize d. Ajicut of t his ( ompauy. has received
assnrarues that this Company is conducted by some of the
most wealthy and i nfi iieutial Jersey men. and is second to
none in tile I niuii of the same capital. He will take tire
and marine risks oil as favorable terms as any other Com
1iliiv. - JNO. -M. HOSE, Agent.
Kavtteville. March 1. IS-I.
KKVKU N'I) A(iUE CURED WITHOUT FAIL.
SHAW'S PILLS
Arv an infallible remedy for this disease. Call and pur
rhasc a box of these .''ills, if you are troubled with Fever
iin-I Au"i". He deems it unnecessary to give any of the
numerous testimony he possesses as regards the cllicacy of
his Tills, but would request the public to give them a trial.
If they do not cure. th money will be refuuded. provided
lirectioiis are followed.
Km-sale at the NKW DHUU STORE; under Lafayette
Hotel. Hay street.
Price. 7-"i cents per box. with full directions.
.March l'". ISIS. Cm.
WILD CHEIiUV AND S A J 1 S A P A IJ I L L A
PILLS.
1)11. LF. BOV. a Licentiate of the Royal College of Phys
icians in London, havingused iu his private practice, for a
naiu'eT of years, the
U lLl) CHKRTIV AND SARSAPARILLA.
at length made an extract of them, which with other veg
etables, he has combined in one f the best Tills ever made
kiiom to the K.uropean Community, and which met the
attention of the American people. They are the most
c'heaciotis purgative and tonic yet discovered.
TllK WILD C11KKRV
is an excellent, tonic. posesi ng a:-t ringent and aromatic
properties, which make it valuable in Dyspepsia. Jauudice.
Weakness of the Stomach and chest.
T 1 1 r. S VllS ArARI t.L A
is demulcent, diuretic and soothing, and is given In Rheu-m.iti-ia.
Scrofula, iliscases of the kin. and to eradicate
t he leel ell'ects of Mercury. In the operations of all other
purgative medicines debilitation and purification go hand
in Inn 1 : t liev remove the good, as well as the bad : thus
we-tk.-uiag the system, which they were only required to
cleanse, a nd making the cure generally almost as bad. and
frequently much worse than the disease. Dr. Le Hoy's
l iiis. on "tils- contrary, strengthen and tone the system
which they purge and purity. And this is their peculiar
attribute, and the principal cause of their unrivalled popu
l irir v.
! . The virtues of the Sarsaparilla nnd Wild Cherry
are too well known to medical men and the community to
re -iiirc further detail.
x;j iTice -" cuts per box.
Koi sale by S. J. Hinsdale agent. April S-ly.
FOE SALS3.
H.-st I'hil uleli.hia ami rrt'Mch' Call' Skin--, Boot
PAYETTEVILLE, N. C
The Subserilier having leased the Ilous formerly known
as the Jackson Hotel, and more recently a. the Oregon
Hotel, in the town of Fayetteville. gives notice to the pub
lie in general, that it is now open for the accommodation
of hoarders and travellers. His table wiil ti supplied with
the Itest fare which our market affords, and his barroom
with the most choice liquors in short, every exertiou will
be made to render Ids patrons comfortable. Particular at
tention will be paid to horses of those who may favor him
with a call. From bis determination to please all. if he
can. he hopes to gain, as well as merit, a share of public
patronage THOS. II. -MASSEV.
Pabruary 10. tSJS.
UJ3W IDliilX CUCDCDLD25q &c- I understanding may be established, and
WM. McINTYRE
Has received from the north, a large assortment of desira
ble Dry CJoods. comprising floor oil cloth, matting, carpet
ing, -window and chimney shades, bouse and bordering pa
per, nuraware, xanie ana pecket knives, spoons, scissors.
steelyards, reap hooks, scythe blades, epades. shovels, and
lorks. coffee mills, sets of weights, Collins' axes, hand hatch
ets; coopers', blacksmiths', and carnenters' Tools: round
shaves and files-, single anil double barrel guns; percussion
caps; gun mms; L, m ureilas, shoes, hats, pepper, Fpice
ginger, mace, cloves, cinnamon, mustard, table salt. teas.
loaf, clarified and brown Sugars: 20 bbls No 3 Mackerel: 10
"Bus AJess fork; Uacon. large sides
April 22, 1848. ' 3m
. TUB. notes and. bonds received by me at the dissolution
of the firm of CJai dner & McKethan. which remain, unpai i.
together will all other evidences of debt held by me. have
been lodged with Mr A. McLean, at the IiaukofCape
Fear, for collection, and all those indebted are reouested
10 miiKf payment as cany as possible.
C. T. GARDNER.
May 27. 1 84S. 4S4-tf
State of North Carolina, Cumberland county.
Court of Pleas & Qu. Sessions, 'June Term, IS IS.
James B. Burroughs, David Burroughs,
Louisa Burroughs; et al,
versus
D. G. McRne and J. W. Powers, administrators
of Zed. Burroughs, Elizabeth Burrcuirhs. Joshua
Burroughs, et al.
Tetition for account and distribution.
It appeal ino; to the satisfaction of the Court:
that the defendants Elizabeth Burroughs and Jo
shua Burroughs are not inhabitants of tin's State,
it is ordered by the Court that publication be
made for six weeks, in the North Carolinian, no
tifying the s;iid Elizabeth and Joshua to be and
appear at our Court of Pleas and Quarter sessions
to be held tor the county of Cumberland, at the
Court House in Fayetteville, on the first Monday
iu September next, and plead, answer or demur
to the petition, or judgment pro confesso will be
rendered, and the cause set for hearing ex parte
as to mem.
Witness, John McLanrin, clerk of said court.
at office, the first Monday in June, A. D.. J S is.
-lOO-Ot JOHN McLAURIN.
JUST RECEIVED,
f000 Lbs. prime N. C. BACON, for s;.le bv
July l.. I'JO-.-Jt. COOK &. POWELL.
frTH N0 1 MACKEREL in barrels and
41 quarter barrels,
NO 3 do do do
ALSO, on consignment. 10 barrels ML'LLETS.
July 15 y COOK &. TAYLOR
TEAS !
.igi-:j"cv of the jvkiv york
CANTON TEA COMPANY.
The oldest Establishment in America!
THIS CANTON TEA COMPANY t noi.ul;
known for manv veara Tliis is Mw largest and obtest
Establishment in America. lie public nave uau iun prooi
tf their integrity and responsibility.
They possess facilities, in relation to tne lea iraue. jn a
very abundant aegrew. ana uouoiiess, superior w any
other Tea Concern in America- Their scrupulous regard
to all principles that tend to derate the character of a
larjrc house, is well understood, and lias alreaday secured
them a connection, probably, larger than all other lea
Establishments united. ud they consequently are deter
mined to sell Tear purer, more fr;t:;i-ant. and perfect for the
prices in the aggregate, than any house m tue woriu
China excepted.
Thev most zealously mvite the attention ot tne in
habitants of this town and vicinity to their Agency' where
complete- assortments are always on hand; they leel no
hesitation m stating t Hat wlierever a single irai is mane.
a very decided preference is given lo mc ceieoraieu cas
ofthe CANTON TEA CO.
fjjj- Reader . make the experiment! bubject m all
cases to he returned ol not appro en oi.
These superior teas are put up in one pound, half pound,
nd iiiarter pound packages, and purfectly secured from
ght and air, SA.ML. J. HINSDALE. Agent.
December 4. 1847. 4-VJ-tf.
R. W. Hardie,
........ 4- .1 . . .. . . . 1 . '
has resumed the
bookbiiidintr busi
ness at the new store next door to Mr Beasley. Jeweler.
where he will receive and execute binding in any stylo desired-
TO RENT.
A new ami pleasant Summer Residence on llaymount.
near the A rsenal. with a well of fine water and necessary
-iPI"i
4fln-t.f.
out-houses.
July 15.
y soon to
J. W. POWERS.
For Dyspepsia-
it. F. I11BBARI) & CO'S WlLiD C11EK-
II Y BITTERS.
This preparation is a certain Sedative allayiri";
11 Nervous Excitabilit
rritatiou Palpitaticni of
Morocco, I'aiicy
April 15, is H.
and Pink Linings
JNO. M.
HOSE.
-17-tt
-ii
Mis
That beautiful residence on Hayniouut. for
merlv belonging to C. I'. .Mallet t. Es-i . near
the residence of Mr Hale, is offered tor sale.
It has stables an I out-houses of all kinds ; and everything
in complete order. This resilience is so well known, and
in so commanding a site, overlooking the town, that fur
ther particulars are unnecessary. Enquire at the Caroli
nian wince.
June 10. 1S4S.
4So-tf.
THE EFFICACY OF Dll.
This will certify that 1 was
was reeommend-
AN OTHER PROOF OF
J AWE'S II tilt TONIC.
entirely bald for about three years, when I was reeommend
it,o h. i..vi...' Hxir Tonic. 1 procured two bottles
f Mr Mason, in Somervill. and using the Tonic for about
lifteeu months, my hair came in all over my head. and. al
though not quite as thick as before yet it is constantly
"rowiu" This surprising restoration of my hair has excit
te t the"astonishment of all my acquaintances, and made
me In object of curiosity to many Jn am now 5o years
of age and hare reason to regard the inventor of this
matchless Hair Tonic as a public benefactor.
New Gerinantown. N. J 5 ov. -. GULC.
NO CURE. NO PAY!
FEVER AND AtJUK-Jayno'. Ague arewarrant-
od to cure the worst forms- of tever Hd,Ae
money will refunded in all cases if they fail to cure but
they ncyor do fail.
(tf7-AMONG THE THOUSAND AND ONE MEDI
CINES advertised as "certain cures for all pulmonary
complaints, Jayne a Expectorant stands alone- Its patn
to public confidence has been paved not with puns nut
cures; and the vouchers for its efficacy include an arrary ol
names which for character and respectability, cannot be
(surpassed in this country. Dr. Jayne. being himself a
physician, docs not profess to perform physicial impossi
bilities as for instance, to cure a man whose lungs are
like a honey-comb, completely riddled, as it were, by dis
eases, but he docs assert, and we believe he is borne out
by well authenticated facts, that in all diseases ofthe longs
and chest which are susceptible of cure without miracu
lous interference, his Expectorant will restore the pa-
" rpSSSy hy Dr. D. Jayne, Philadelphia, and sold on
agency by S. J. Hinsdale.
JUST RECEIVED,
lot of Oranges, Lemons, and Cocoanuts,
For sale at PRIOR'S.
the Hcnrt Dizziness
ot the Head Kaintriess, and all diseases arising
from a Sympathetic Affection of the Stomach, are
ntirely relieved by a very lew doses oi inee
1 ITT Kits.
It his already become a favorite with many Mc-
licul Practitioners.
The 11 ev. J. N. M..1IU, who has used it, speaks
of it as follows :
hiooKi.yrsr, Jan. 1 17.
Gentlemen; Having sui'.i-red for years from
the etleets of sedentary h bits and close applica
tion to study, I w.iS indu.-ed to try your prepara
tion of Vild Cherry. Its beneficial effects v. ere
soon ;i-v rc it, nnd I t:ke great pleasure in re
commending it as an excellent medicine especia
lly ..d .pted to excitable temperaments, and one
tiutt sliould be generaiiN ko-. .i .-nu jMum3ui.
Yours.
J. NEWLA.M) .MA1T1TT.
The Long ILmd (X. Y.) Farmer, up . per prin
ted at Jamaica, L. I. gives the names ot person in
that village who have been benefited and cured
bv its use
'The following named persons have been bene
fitted bv their use in J:,in.,ica: M. lluntting.
Tames J. Drenton, Cluulcs Welling, Hendrici
A. Ilendrickson, J. K. Allt-maiid, Mr Manwanng ;
Daniel Higbie, Springfield.
ii;?J-anrs 1 1 1M Cherry Bit ft -.v. Three obstin
ate cases of Fever and A-ue, li ve been cured re
cent lv bv tire use of i 1 ibb ud's Wild Cherry Bit--.rs
Mr Yv'ntts, at Springfield, says that it cur
ed' iiim ; Iter other remeilies irad been tried in
vain. 13. F. Hibbard's Bilious Pills, should be
taken, s iv a deseortwo, before using the Bitters.
Two of these pills are a dose, and are equal to 4
or C pills of any other kind.
Mr Ward, of the firm of Gales Stout & Ward of
this city savs that he has found it very beneficial
in a severe attack of fever and ague. The
number of persons that have been cured and bene
fited in Jamaica alone, would establish the reputa
tion of the article. -
S. J. HINSDALE Agent for Fayetteville ; P.
F. Pescud, Raleigh; P. J. Brown, Louisburg; B.
Howard, Tarboro; Dennis Heart, Hillsboro. R.
F. Hibbard & Co. 1S John street. N. Y., sole
proprietors.
October 0, 1847.
MEDICINE.
Saml. J. Hinsdale
DRUGGIST & APOTHECARY,
Comer of Market Square,
H S on hand a full supply of Fresh and Genuine DRUGS,
Medicines' and Cliemicals,
Which hV offers to .tfSWK
prices. His leme re of the t", (7kn)icu m
purchased in the noruiora citi ana phu-delpbia, and
from the first laboratories m London. Fnuaaerpnia, ana
Paris All the Pharmaceutical compounds Bold oy o. J. tt.
are prepared by himself wjjli accuracy. .:.
Medicines sold to go intolhe country wn 1 be P at up
care and despatch Feb y 5; 148.
SPEECH OF HON. A. W. VENABLE,
OF NORTH CAROLINA,
In the House of Representatives, June 1,
1848, in committee of the whole, upon the
power of Congress to legislate tipon the
subject of Slavery in the Territories.
Mr Ve liable said :
Mr Chairman : The extent to which
Congress may exercise legislative authori
ty over the territories of tiic United States,
, has become a subject of most absorbing in
j terest. It is felt to be so in every portion
j of our country has been the source of
! deep feeling and agitating debate, and will
continue to excite and disturb the repose
of the country until definite action shall fix
a conclusion for the popular mind.
.
This subject, Mr Chairman, has become
one of great practical importance, and I
avail my.-elf of this occasion to present my
views to the committee and the country
to assert the rights of my constituents and
the State which I in part represent, to the
common property of all the people of all
the States. A convention recently held at
lialeigh, speaking the sentiments of the
Democracy of North Carolina, most dis
tinctly asserted their opposition to the doc
trines recently made prominent, by their
tendency to restrict the occupation ofthe
territorial possessions of the United States
to those citizens. who reside in States where
slavery tloes not exist. The clear and
temperate but decided manner in which
their detei initiation to resist such opinions
is expressed, admonish me of the propriety
of urging their wishes upon this House
whilst 1 assure you that their conclusions
are not referable to impetuosity in action,
nor have they been rash in their adoption.
Their history is that of a quiet, reflecting
people, never involved in the vortex of high
party impulse patient of wrongs, when
the remedy was to be seen in the funda
mental laws of the country devoted to
the Union and the Constitution ready to
make sacrifices w here prudence or patriot
ism required them, but never willing to
abandon either their principles or their
rights; always ready to assert them as pa
triots should, but always expecting that
enlightened" statesmanship, and the high
sense of justice w hich should characterize
their fellow-citizens who were called to
legislate for our common 'country, would
accord to them whut was due, and remedy
or remove any cause of complaint.
In asking the indulgence of the commit
tee whilst I endeavor to argue this question,
I sincerely hope that I may be believed
when I declare that my purpose is not to
agitate but to compose to pour oil on the
waters which have been troubled to pre
sent no useless and distracting issues, nor
to place our friends in the north and west
in a false position before their constituents.
We desire no sacrifices of the kind; we on
ly ask for the guarantees ofthe Constitu
tion; and we feel assured that we shall not
ask in vain. I trust, sir, that I shall be
able to present such a view of this question,
that all of us may at least acquiesce in tak
ing a position which secures the honor of
all, and does equal justice to all ; that it good
peace and good-will be restored to our de
liberations. The hens ol a common in
heritance, won bv the sacrifices and the
valor of ancestors! or accumulated by the
progress of our own greatness, should nev
er descend from their hijrh station to
wrangle "about the partition, or permit fol
ly to estrange those who ought to be bound
together by the most sacred bonds.' -
nil tins view, sir, 1 declare that we
are content to abide the Missouri compro
mise; not thatwc believe that Congress had
any right to annex any such condition, or
to enact any such law; but the compromise
having been made and acquiesced in tor
near thirtv years, there is no rurnose en
tertained by any southern statesman to dis
turb it now. If this compromise would
adjust this difference, if it would compose
tins trouble, we are content to abide it.
and the renewal of its operation recognized
by the laws admitting -Texas into the
Union, and adjusting its territorial limits.
I ii doing this, and entering our protest as
to the power of Congress to make the com
promise, we say to our fellow citizens of
the non-slaveholding States, We have made
larire concessions: we have ffiven unalaro-e
territory, to which our slaveholders can
not remove ; we have consented to make
it exclusively yours; whilst we have placed
no restriction to prevent you from the oc
cupation ofthe territories to which we are
permitted to tome. This concession abrid
ges our rights, without the promise of a
consideration; it enlarges yours, without
any equivalent being paid by you ; yet, for
peace, harmonv, and good-will, we have
acquiesced, and will continue to acqui
esce; and are now willing that the same
parallel of latitude may be recojrnized un-
.. . .. . -. .
til it reach the lJacihc shore, if that is the
last concession which shall be demanded.
And here let me ask gentlemen, when, in
the history of our national progress, did
any southern statesman invade the institu
tions ofthe North? When were demands
made for peculiar or exclusive privileges,
from which any other citizens of our com
mon country were excluded? If this be
true, we ask that the offensive doctrine of
the VV ilmot proviso be withdrawn from the
Oregon bill; that this obstruction be re
moved from the progress of that measure.
The whole country is above the parallel of
56deg. 30 min , and is within the spirit
ciaiVl UlVUllltlg V9 a lla ill 193VI Va t a 1 .
Why do they seek to annex this feature to
the bill? Is it to obtain another precedent
to shake the chains in our faces, and
teach the South the humiliating truth that
they are powerless whenever a bare ma
jority of votes can be ootained here? Can
any good result from this policy, either in
the advance of national prosperity or the
cultivation of kind and patriotic feelings
in our great family? Permit me, sir, to
say, with all respect, in such a work as
tins, demagogues find their proper occupa
tion, agitators their appropriate employ
ment. The petty politician, whose hori
zon is circumscribed by the events of a
single campaign, whose little heart is filled
to overflowing with but small success, may
labor in such a cause with ardor and with
zeal; but the elevated statesman, the high
sou led patriot, whose enterprise is his
country's glory, whose vision, extending
to future ages, looks through the vista,
and realizes ail of happiness, prosperity,
inevitable tendency to diminish the happi
ness of the people", and to endanger the
stability and permanence of the Union,
and ought nofto be countenanced by any
friend of our political institutions." " Lan
guage which most strikingly illustrates the
folly, as well as the deplorable conse
quences, of assuming the right of Congress
to mtertere witn this relation a Ueclara
tion which, if adopted and sustained in
good faith, in all its intent and
must forever remove from all our delibera
tion and intercourse this exasperating dif
ficulty. If the right of Congress to legis
late in the premises be granted, then the
1 1 ..II V
wnoie question is settled. l here is no
limit but their discretion, no safety but the
clemency of a majority. But, sir, the fra
mors oi mat instrument were wise men,
whose profound sagacity and immaculate
virtue, combined with a patriotism unsur
passed in all human history, qualified them
to guard the infancy of the nation which
sprung into existence by their prowess, as
wen as to provide lor the development ot
that greatness w hich they distinctly fore
saw. JNo aspect ol the future ecaned
their observation, no contingency which
might arise was omitted iu their provisions;
and it is to this Constitution that we refer
to adjust this question and fix the princi
ples on winch, I trust, we may all agree.
1 he extent of legislative power over the
territories of the Uhted States, which may
be constitutionally exercised by Congress,
is to be found in the third section of the
fourth article of the Constitution, which
provides that Congress shall have power
to dispose of and make all needful rules
and regulations respecting the territory
and other property of the U. States; and
nothing in this constitution shall be so
construed as to prejudice the claims of the
U.&tates or ot any particular State. 1 he
clear and unquestionable meaning of which
must be, that territory is regarded as pro
perty, and the rules and regulations refer
red to are sucn as shall be necessary to
make the territories and other property
available. Any rule not needful for this
purpose is contrary to the intent and mean
ing ofthe provision. No person can sup
pose that the words dispose of" can have
any meaning by which Congress shall have
power to waste, to cede away, or otherwise
render the territories of the U. States un
available for the great purpose of supply
reasoning
T .tho liaflftffll ti-nO.Dli K.r na-tl Z T
to the wanlS'urtnenpeupruOi'tti'VyiUAVWr
other construction of those words
and renown, which union, and love, and
concert among his countrymen shall secure,
will frown upon the first effort to mar the
harmony and destroy the confidence of his
countrymen in each other. His reward
will be rich : it will be the gratitude of pos
terity. I trust, sir, that the Oregon bill
will be passed ; that it will not be delayed
by this unnecessary proviso ; that the cry
of distress, which reaches us from the
miseries of savage warfare may be forever
hushed, by sending promptly a territorial
government and a military force to their
immediate relief.
I have said thus much, sir, in passing,
in relation to the Missouri compromise and
its legitimate results, as tendering one
platform on which we all can stand, both
North aiul South r the South, indeed, shorn
of some of her privileges, but willing to
concede them for tranquility and repose;
yielding, but with a proteslando; acquiesc
ing in, but not approving, the means, or
acknowledging the right to enact it. But,
sir, the consummation of a peace with
Mexico, ('which, I suppose, may now be
considered a fixed fact,) presents this ques
tion in an interesting and practical posi
tion before us, involving most important
results, and leading directly to the devel
opment of the policy to be adopted in rela
tion to the territories ofthe United States.
We are called upon to meet the question
directly, and to decide whether the Wit
mot proviso shall be brought to bear upon
the territorial acquisitions ofthe Mexican
war, or in what other manner this vexed
question is to be settled.
And here, sir, permit me to say, that I
adopt the doctrine of non-intervention on
the part of Congress in its fullest extent.
As 1 deny the right of Congress to legis
late slavery into existence in any territory
of the United States, so I also deny the
right to forbid it. I adopt the language of
the resolution of the late Baltimore Con
vention, as meeting my approbation :
That all efforts of the abolitionists, or
others, to induce Congress to interfere
with questions of slavery, or to take in
cipient steps thereto, are calculated to lead
to the most alarming and dangerous conse
quences, and that all such efforts have an
Any
might transfer the treaty-making power lo
Congress, and give authority to cede away
the public domain. It is true, that the
power to acquire territory implies the
power to govern it when acquired ; but
it is also true, that such government must
be in accordance with the Constitution.
But Congress does not acquire territory.
The people of the United States acquire
it, and have the right to govern it, and have
limited Congress, as their trustee, in the
name of Government, by the Constitution.
Congress could have no power to establish
religion or to create titles of nobility in
the territories, because expressly denied
by the Constitution; and when the laws of
the United States are extended over a ter
ritory, it must be understood that the Con
stitution and laws are so extended, and
that nothing repugnant to the Constitution
can be in force as a law. 1 know that it
is asserted, and that by southern statesmen,
that Congress has unlimited pow.ef of legis
lation over the territories; but it this be
true, then Congress may by law, commit
the entire government of the persons and
property in territories to the will of a single
individual, and thus present the anomaly of
a despotism created and sustained by the
Constitution itself, a conclusion, so mon
strous as only to require the annunciation
to carry home the conviction of its fallacy
to every mind. (See note A, Appendix.)
There can be no doubt of this proposition,
that whatever was property when the Fed
eral Government ca.ne into existence,
under our Constitution, so far as that Gov
ernment is concerned, must ever remain
property. The States, as sovereigns, alone
can alter the rights of things within their
own jurisdiction, anil that by virtue of their
sovereignty. The Federal Government
is therefore bound to consider as property
all that was so considered at its adoption,
and the Constitution guaranties the enjoy
ment of that property in tranquillity and
security to all the holders, so far as the
laws of the United States are operative in
the premises. And this - is true whenever
that property is placed under the jurisdic
tion of the laws of the United States. Now,
the territories are the public domain, the
common property of all the citizens of all
the States acquired by the expenditure
of the common purse, or purchased by the
valor of our people, without reference to
geographical distinctions, or domestic mun
icipal regulations. It follows, then, that
in the territories of the United States, even
before an organized government is institut
ed, the Constitution and laws recognize
the right of property; for none can for a
moment assume that the territories of the
United States are without law, or that it is
necessary that a temporary government
should exist to bring them under the opera
tion flaw. (See note B.) The Govern
ment is bound to protect them from inva
sion and injury, because they are the pro
perty of the United States". Then the
question arises what is the effect of the
organization of a territorial government
upon the right of property amongst the
inhabitants of the territory so placed under
organic law? If the previous
be correct, before such organization all the
citizens of the United States had an equal
right to go into the territories, and carry
with them those subjects recognized as pro
perty by the Constitution. If this right be
either weakened or destroyed, it must be
Irom the effect of territorial organization.
In order to give that effect, that organiza
tion must communicate the attribute of
sovereignty, or be itsel f the act of a sover
eign power. We then inquire, is the Con
gress ofthe United States sovereign? or a
to what subjects is it sovereign? No one
can claim sovereignty, per set for a delegat
ed authority. So far an power is delegated,
so far is its operation final and complete,
and no further. The Constitution, with
abundant caution, guarJs this point, by de
claring, that whatever power is not ex
pressly ceded by the States in that instru
ment, is reserved to the State respectively
and the people of the States: thus declar
ing that the Federal Government is a mere
trustee for the sovereign States of this Con
federacy, with well-defined and strictly
limited powers. If, then, all the citizens
of all the States had a right to go with their
property upon the public domain before
territorial organization; if Congress most
regard as property whatever was so regard
ed by the States adopting it, then it follows
that a territorial organization can give Con-
'.ss no powers which it did not before
possess under the Constitution. If Con
gress does not possess the power, then no
relation created by la'.v with the hub it arts.
of a territory docs communicate that pow
er to either party.
It has been said, with much plausibility.
that territorial legislatures have exercised)
powers denied to Congress under the Con
stitution; that they have granted bank char
ters and created corporations: that thev
lave borrowed money upon the faith of the
territorial government, and exercised other
acts of sovereignty. Conceding the accura
cy ot this statement ot facts, nothing is
proved but that the territorial government
diil what' Congress disapproved of, and
that which they were not authorized te do
The creation of a corporation- i one of the
highest acts of sovereignty, for it is creat
ing a legal owner to property invested with
the rights of a person an authority deni
ed to Congress, because not specified in
the powers of which this Federal Govern
IWtf.ieol ArV,!?rev.&JA assumes, that under
territory and accepted by the inhabitants,
the powers of Congress are enlarged, and!
that by the approbation of such an act of a
territoral legislature, Congress may r by
implication, charter a bank, which it could
not do directly by its own action. Debts
contracted by a Territory upon its faith
and credit are of no legal obligation upon
the people of that Territory after it has
become a State. And if Congress have
transcended tlveir power in legislating iov
any territory, the argument derived from
this usurpation is met by the maxim, thai
an evil usage must be abolished. Iam
aware there must arrive a time when the
power of complete sovereignty shall be ex
ercised, which time, Ishall beabieto showr
is fixed by the Constitution itself. Much,
sir, may be learned by a reference to facts,,
as well as the practice ofthe Government.
When settlers occupied so much ofthe
public domain as to render it manifest that
there would be a demand for the lands, an
organic law has been tendered to the habl
tans, it. orl r that, under a civil organiza
tion, land offices and other facilities for
the sale of land & transfer of titles should
be made. In these organic laws, Congress
has repudiated the idea of sovereignty ir
the Territories, by reserving the right of
reviewing, and repealing if necessary, the
laws enacted by the territorial legislature
When the inhabitants of a Territory accept
the organic law with ail its conditions, the
government is then organized, and contin-
ties until it expires, cznitrmim, in tne
sovereignty ofthe State to be formed ou t
of said Territory. Now, the creation of this
territorial organization and the existence
of this temporary government gave no jut
accrescendum either to this local lcgis4a
ture, the people of the Territory, or to
Congress. The laws of the United States,,
for the protection of persons and property,
were extended over them; but it was a
government consistent with and according
to the Constitution a government limited
by the Constitution, and possessing no au
thority beyond it grants . So that the
right to govern is not in this case a right ot
absolute sovereignty,, but of sovereignty
qualified by the provisions of fundamental
law. The decision of the Supreme Courts
declaring that the right to acquire terri
tory implies the right to govern it when ac
quired, is predicated upon the assumption
that the government to- be administered'
must be according to-the constitution of the
U. S. They sustain rather than conflict with
the conclusion towhieh ihave arrived. The.
question then arises, at what time does the
right accrue, and to whom, to decide upon,
and fix the domestic institutions and tho
municipal law ofthe territories? And who
is invested with that authority? It will be
seen, by reference to the same section of
the Constitution referred to, as controlling
the. power over territories, that Congress
may admit new States into-the Union." A
reference to the Madison Papers will en
lighten us as to this provision. A proposition
was made to authorize Congress to form
new States out of the territories belonging,
to the United States, which was rejected,
and the provision above quoted was adopt-
l