Newspapers / The North-Carolina Star (Raleigh, … / Aug. 30, 1848, edition 1 / Page 1
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flort&CaroIfo. potocjrfulfa lutfUectuar, moral anb pfcnifa ttftmtt -t&t lano ot our fUtt anptjje ftomeot out afffcttond. THREE DOLLARS a Year, in Advance. ' THOS. J. LEMAY, Editor and Proprietor. It A LEIGH, !fr CWEDMEDArXlTG50r iM .v. -' - . - --- " w. wa an a V' lf ian i tsS t- of e -) is (id m ! f.M io" SPEECH OF HON. G. E. BADGER, On the Compromite hill, delivered in the V. Senate, July 28,1848. The Senile having under consideration the bill to establish the territorial g jrn. ments of Oregon New Mexico, and Call- fornia: . Mr Badger said: Ism very sorry ha my honorable friend who reported this bill (Mr. Clayton.) felt himself compelled, by considerations of duty, under the influence of which I know he always acts, here and elswhere, to press the measure through the Senate, ami to prevent, so far a depen ded on his action and influence, a full, am ple, and thorough investigation of the subject in all its bearings. What is the character of the measure? It is a propo sal to seUle a most difficult snd anxiouely considered subject upon a plan entirely novel one heretofore proposed by no one, and, so far as is known, thought of by no one. Itis a measure of immense impor tance, relating, a it does, to a subject in haelf of vast concern and complicated by many incidental difficulties. Now it does seem to me. that when the gentlemen com posing the cnirmittee, after the various diversities of opinion .among themselves, ""which "were staled lymy fnendTrdiln Del.' aware, ( Mr. Claytoji,) at last hit upon and concluded to present, as a compromise, m measure before unknown and anconjec tured, it .was due to the importance of the occasion the high, solemn, and lasting ;ntarit at stake and. in an eminent de gree, due to this body itself that instead of being introduced io us wun a ihjwiimhi notification that it was to be pressed through in hot haste Mr Clayton, (in his seat.) Nothing of the kind Mr Bvdgkr, I will show there was though perhaps it was not intended. I was about to say, when interrupted by the Senator that in these circumstance! instead of such announcement being made to the ihnt the committee, unable to agree upon in' thine else, and acting from the best - motive, had thought proper to present new and unheard of plan of pacification on this momentous question; that they desired no haste; that on fine contrary, thev invoked from every member of the Senate the fullest scrutiny, that they not onlv wished and hoped, but demand ed, as due to themselves, the Senate and the country, the application on the part of every mjynber ot the body, of his best understanding to this subject, and a full, deep, thorough aod searching investiga tinnof the plan presented in all i's parts and bearings; that full time should be afforded to enable Senators both to reflect and to debateand that, so far from the usual order of the Senate being reversed and this question pressed upen a weary and exhausted Senate -motions to adjourn after a continued sitting of seven and eight hours, renisled, and the yeaa and nay demanded no opportunity for delibera lian and discuision would bo withheld. Mr honorable friend from Delaware, Mr Clayton,) says that no intention was announced to press this measure through i.i haste. If by that he means that no such terms were used he is undoubtedly cor rcct. But, in point of fact how stands th matter?. My friend announced that he would press this bill upon the consideration of the Senate. It was first calif d up, if I recollect arighl,onJSaturday afternoon jjand ; after; a long and laborious session, my hon orable friend resisted a motion for adjourn ment, and on the yeas and nivs, voted gaintit. The Monda after was spent in the consideration of the bill, and precisely the same result look place. My honorable friend in charge of 'the bill to whom friends naturally looked for the course they eight to pursue upon motions lor adjourn ment still declined to adjourn. Yes, after n aessinn of full seven hours, nearly eight I may add, when my Honorable friend from KVntuckv. Mr Uhdbrwood.) rose to ad - Arm tha Senate, himself a member of the committee; when many Senators were exhausted snd some prostrated; and when even I, with a constitution of iron, and youth besides on my side felt some respite to be necessary a motion to adjourn was car ried. uoon the veas and navs azainsl the ." vote of my friend from Deleware. ,1he proceeding waa, in my opinion unfortunate nothing of im propriety nf intentirejtn the gentleman, or tliiue who acted with him. Mr Clayton. It is very ; extr-iordinary that the genilemen does not recollect that when the rienator. from Maryland, (Mr Johnson.) who was exhausted and unwell, desired the Senate o adjourn, I, in opposi tion to the wishes of the friends of the bill expressed a desire that the motion might succeed, and gave it my support. That ihc'eenllemtn calls "hot haste." alt. Radokr. Unfortunately the honor- tI,gcntleron confmndn-two diurentjcasea. 1 know that the gentleman sainted to the motion, to adjonrnlasl evening , fm the accommodation of my friend fn'rn, Mary Inn I; but how was it ,when my friend from .Kentucky.. (Mr, Undbbwood,) whious auppiml to be of pitted to the liU, . desired an adjournment Jor hit accoroodition? It was t l't eo that I referred. Allow .me, air, to add what I waa ebont ' to f ajj whe i iutorrup ed by the honorable gentle, , that! regard hit-course peculiarly tnlnttttnais with regard to tncli a htu avowed by the gentleman and ths com mittee, is to pacify the public mind, to set tle this agitating subject, and to restore harmony to the country. How? Only by ita moral Dower. Yon cannot change the opinion, or settle the discontents of free America, by the mere force of law;w On occasions of this kind it is all important that the moral influence which accompa ed (hat my colleague of the the dark hour ol midnight, had his;- spirit troubled with "'a vision so clear of .the a tiocity Which I should commit on .the tecond of June, that it became impressed upon his mind as a pa ft event and, as such. he alluded to It .on; the first. And then his patriotic horror, in this clear foresight otfortkearing of my offence impelled him House, in carrying into execution" the "powers ves nies a mraaure, sho uld be as extensive to make a pious appeal to heaven In these as possible in ita operation; and I think there should have been and therefore. shown no disposition to cut off any gentleman from a discussion of the question, by pressing a vole here until the physical energies ol the Senate should be broken dawn, ind the meraberajbe compelled by exhaustion to MCoims ords, immediately following those which I have quoted; "Uraoioos heaven: are we reaucea io iuii . . . r : our only, our last nope, me veimci m jurj haaa interest, whose feelines and whose nraanicalinn fir that Vonlift Iffalnlt DSl" ... -. mL1 And a little alter, still reiering to mi submit. This is the long session, and the Senate have refused to fix any day for its termination; and, therefore, there is no ex cuse in my judgment, for the course which has been pursued. The session, it is true, hns been a very long one and the weathei it verv hot and axhsusting. 1 am as anx "And do sonthern statesmen snnnd the first note nf retreat.' boes the flag fall first in their hands!" Now, as I intend to advance again that atrocious sentiment which, delivered oy me on the tecond day of June, awakened the Dronhftic horror of my'colleague of the . . . . . -L- edby this Constitution in the Government of the United States, or in any department or officer thereof." To my understanding it is therefore plain that by the treaty-mak ing power we have epreea authority and, by the provision I haVe 'cited. Congress baa express authority to legislate for it when acquired. Now, eir, upon this pow er, what are the .restrictions, and where! are they to be found! There art plainly none in the Constitution itself. It ia one thing for ua to think that certain restraint opon the exercise of this power would be convenient, would at this particular time be reasonable, would subserve the interests of4hnrectiono(Jt;e country in which we happen to live, or, if you please, the- gen eral interests of the whole; and it ia an other and very different thing to show an actual restriction "upon the power itself. The former relates to a just and proper mode of exercising authority and addres ses itself to those in whom the power is ious as any gentleman to return tomy home oueon thertand aahisspeechnndoubt and my children but I see no reason why withthe kindest feelings toward me was eir. this great and important measure should culated extensively in the Stateef North Car be hurried through the Senate. If indeed, olina.the Senate will see why I have made the Senate had pasted the resolution from tnj, reference and that itis demanded of me, the House, and the House had adopted M , mauer of respect and grateful consider over aeauiied or eeded territory. Now. sir, here is if I ran understand it, a clear decided opinion of the court, deliv- ered by th? eminent man who at that time presided over its de)iberations,'and who was himself the embodiment of all judicial ex, ceilence thai nnder the treaty and war powers the United States bare aoder the Constitution, the right to acquire territory; that they aequire it upon the ssme terms as any other nation; and it ia subject, in their, hands, to such terms snd conditions as they may deem proper to impose, subject only to such restrictions, if any, as may be contained in the treaty of session; Now. how do we expect, after tn is decision to procure from the Supreme Court of the United States an adjudication that, indepen dently altogether of legislation by Coo grcas, the instant any territory b comes ours, the institution of slavery exists there by the mere force of the Constitution ol the United States! Gentlemen ssy that every American citizen has a right iroina, (M Tan.) remarked that although it seemed to l- ' . f nn thai mm in imunjuv iv vvdkis,. i 4t nmemfment fiime the final dayy of ad- inurnment for the Hist, we should nave stood in a very different'eondition. In thai re. I ahoulJ mvself have eiven a silent vote or should at most have made a very hrivf utatement nf the erotinds Upon which I have formed an opinion sdverae to the passage of the bill. But under present ciicuinstances. with an unumi'e I session efore us I feel iuslified in presenting my views fully and at Urge. 1 shall undertake to show that this compromise measure which my honororahle friend has reported ml recommends, involves a total and aoso- ute surrender on the part oi ine ooum f whatever right,- feelings or interest we may nave in ine auoieni, wunmu "j advantage being gained thereby to us or to the country " --- --. jr?-mTB'eii;'8BiW firi way or JUne,- n this present year of salt aiion.Jone thous .e.ted. Th other iinDliss an sctual ex- to go into me newiy auoru ,r.7 .i...: r .v.. .Uk nmh. ia need ees to examine mat lor no C.U..UU ,u pv-... - - . . intr for the exercise of discretion at all. the proposes w "" "H' '"" l b o ... r m. u.,. ,r ami different Question, whether he has nononioiB snni " j5"'". i -- - , nirhl io carry a siava mere, anu u,nur the slave was recognised as property in the as a mauer an mi t n1 " . . I Mwaria m.rihe utuiiarv wattiMiMtJLMtomPLmmXtmtW3mjnm atiort tW'nTirt,' tTVat T "W1 .r nTusO; Ixwci.ed in subordination to some therefore, auch .lave .hall be recognised a, general rule given in the Constitution property in m wrriwrr u w.. u ,v. He undertook to specify one case, and cer-1 - V " I " ' :..i.. . .... ...k..n. ill dimn in mv opinion, oe rnamiaiiiiru. bp 'll " r.V "." I'u.a a : " :. -hich n.i at all unlikely, that within a i .l-. r i i ..,.ki.ah few vears we should follow the exarnole r sis r r f Great Britain, and procure the cession Over iCirilUfT iriiuuuan airi iii ui I a. l ' J . wt.. k., k.. t,.r- of some station or post within the domin .r .i .: r r,.-..T vi k.t a.-, inns oi me emperor oi vnioitra lomn uw nivi ""." . - .... .1 ' . .... we propoaa io u' uj -, wm, , , . lishe, republican torm of government! protect our eitixens in thst country, could Whv. the President and Scnste ire o mm ja. ui..., -k --- to send four men to New Mexico and five to Cal fornia who without the previous re quest or subsequent sanction Of the people there are- to exercise legieiauve, execuiivr snd judicial powers over them. Is ini re oobiicam la this -what o" Cntittttrrtton on which my opininn rests; an opinion by the expression of which 1 have, according his phrase, "anundea t.ie nrt note oi re treat" from a oosi'ion which I I ave never assumed and thrawn down a flag which I never raid. In older to a full understanding of my views it is neresaaty thst I should go nark a litt'e in the argument, and show that this Government ha a right to'acqmre territory and whence that right is derived Upon this point difleient opinions hv been expressed. My friend Irom Massachusetts, (Mr. Davis,) in a very sble speech on this subject, treated this as a niMim otnutui in the Oonstituiion, nrm ihe power to acquire an assumed one, and .. I..', .. ......... ..,. !''""'"' . ' m;riRqt,ia,W:.a ,y . . .,...,.. ... ... ry " " ' "i " I " ment in which the people governed do not Dower to arauiro territory i expressly r . j . eight hundred and forty eight a speecn co?fred up theGovemment ol '"etJn. ..;. contro. Or?infloence wa delivered bv an honors Die memDer oi irl Slates bv the Untitution. ine .. ..u the other House representing, a district in President, by snd withthe advice and my own State, which I find in a pamphlet consent of the Senate, has power to nnhliahed in this city and entitled, mkf.' treaties. Conirrcs -has power to declare wsr. I he Constitution apeci flea no particular kind of treaties, as inclu deJ in or excluded from the grant. " Nor does it specify the purpose for which war i to be waged, or the manner in wnicn it to be concluded, but leaves these as making A Speech of Hon. A. W. Venable. of North Carolina, in the House of Representatives, June 1 1848." and headed, Slavery intlie Territories." In this apeech are some re marks irt reference to myself, anil I read the Senate will see, they is them because as the Senate will aee, have an immediate connexion with the snb 1 necetury incidents to the treaty mal ject under consideration. The passage ad war miking powers respectively. will be found Ton important subjects I like tn be orecixeton the 7th page, near the ... . foot of the left hand column, anu is in inese wnrila: A di.tinmiiaheil Penittr of my ewa 8tl.( Mr Bins a a arentleman !' hiah tteinmenla and extended reputation in a recent speech on the rir.Mn hill admitted the riaht of Consren to Uilate for tha xclal)n o.'alavery in the -Terri- tMira. hut nlaced the Seulh opon Ihe princpl of expediency and tb aenaa oi juauca oi ioa r a ...I T.nrialalura." Now to those who are ennons in sucn matters, it may oe somewnai inirrrauug w learn'lhal in this speech, distributed in North Carolina about the middle of this month and delivered as tinted on its face, on the first day of June, refeience is made in the passage which I have read, to some remark submitted by me in the Senate gain, tlie, unnsiiiuuon nas noi y omitted an einress restriction upon ine treaty-making , power, but declarca. that l treaties made, or wnirn snn oe made, under ihe authority of the United States, shall be the supreme law of the lnnd." Whatever limitations, therefor may from the neresiiy of the esse inferred as for inatanre, that a treaty can not ba made to destroy the Uovern mentor the Constitution, or any integral Dart of them, or to in.roduce any new ele ment of political power it is certain that the treaty. makinz nower is subiect to no ernreaa iimitalion whatever. When the over them. Sir it is preposterous to eah such ae institution republican; How, then do gentleman make out that from this gen era! power of Government, conferred ilhout eualificstion, ia excepted the Dower ol exmuaing - ine institution oi slavery; oiavery, as ii exisia nnuer ine Constitution of the United Slate., is s Siste institution. It exists in the States which allow it as a Slate institution, under their laws the United State. It is not an institution lhal owes its origin to any law of the Uni led Stalesrbyt which alsveryis introduced or or established. Nor is it recognised by Ihe Constitution of the' United States, oih erwise than as a state institution. The only reference to it in that instrument is l.I ihe simple provision by -which persons . . . ... o.-.- oounu io service or . laoor in one oiaie, under the laws thereof," and escaping into another, shall be delivered up on com plaint of the parly to whom such service or labor may be due, Where, then, do gen tlemen find ground for the conclusion that, although Congress has power -to govern these territories in every other par sion from the nature of our Constitution itself, negro slavery would spring up and become a recognised institution there! This would seem m;be absurd. I et lustanus upon the same arguments, applying wun equal force upon which veata th alleged SMintilttisaAMlgajittft these Mexican terriloiies. sir, ine inquiry must present iuelf. whether slsvery wss sn institution oi ine lerruurv "" point of fact any alave wss carried there by one of our citizens. If so, then ihe slave carried would be recognised aa propriety in the territory by force of its own institu tion and not that of the Stale from which the slave was brought. 'I hus, in my own Slate, though in point of fact, there wers nnt a ainirle slave to be found to day slill slavery would be a recognised institution of and ine man wno auouiv ih State: and the man iru, liiiurt i - ... i II It does no exiet as an institution of go there with his sieve to morrow, wou.u not carry any new inauiuiion u , bnt would merely carry there a recog nised subject ofjproperiy underline existing law. -"."' Now, it seems to me, that the gentlemen hose opinions I oppose must maintain nun of two things: either that by force of iha Hnnaiitution oWhe United Btates ine moment leiritories are acquired slavery becomes mere a recogqiaeu insiiiuiwii, ! that whether it will be sn institution nfiha territory or not depends upon the ... . j , . fact whether or not a alave ehaii no carneu there; thai when carried the law of slavery springs up snd when removed the law ceases, Now, sir, this latter proposition , ... l J . i (onrnuwH icrriionre in BTwrj uumi . . ,. . Constitution was formed, various kinds of, . . tn Lmr ,k.m I teems to me an absurdity. Thelaw which tresl.es were known among in eA lo ,hil -.nicnlar in.tituiiont If reeogni.e. slavery must exist, or not exist ail these were unuouoteu.y .nc.uuru , , - . indepenamly 0 in. conduct o maiviuu aranlml nnaver- AmOftf these Were lfC8. 1 . .. . " . . I .1.. .-J .. i mtr in la-ment the Conitl' . . . - . . . ! - . . I r.ll.Mt thai Ia iMlrnrt n.a .!u.rv , n miien t mi, auu " ... "J J -i . upon the teeonU day ol the ssme raonin oi 0f cesion. by which the United stales ' , ' . ij luiian does not of itself establi.h slavery a. a r a l . a u i . . i npivnnii an bb iinwnr an ijiiiiu rnun au eaiIuuw i ' here it did not exist we musi in oruer 11. d...:.i..i .i . t k... ... to ascertain Its existence or nonen. June, My first impression was. that the gentleman wai incorrect in his chronology; but before committing myself on this point I thought I would follow the example com menild to nS bv the Senator from Missis ainni. fMr Footb. sevsial tiroes this ses sion, and have a peep at the dictionary. to ascertain what this word . chronnlgy means. I fonnd that I was mistaken in my fiistnotion. for ths J finition of "chronology' is sslished by arranging events according to ihe proper venn and thereinre, ine gen tleman waa guilty of no violation of eAron- oloru . when he represented himself as might acquire as well as cede territory. ry 1 . I. .... .n anil 1 i us nower is ibikd ,.nw the limitations upon if whatever they may he. have nol vet been denned or appuea. The extent of this power may be judged from a few instances furnihed by the his tnrv and nrnctice of the nation. First By treaty the President and Senate can exercise power expressly, confered nnnn Congress. For example, they can regulate commerce, and confer citizenship A rain, bv treaty the United Stales can ex ercise a power nol coneiredupon the Gen eral Government at all but undoubtedly ni r r (Tallinn, inr vijiniifiia oo i ... . . .i . pressed do not depend o.i any reasoning of e" our ecqu.eitioti resort to tht referring on ibont of Juns to whst was re,erfed to tho Slates. Of this examples said on the second, bolh days being in the 9 rana -, tns trestles wittf France and tame year. Some persons, on resiling the Netherlands, by hich the subjects of this reference in the speech to my remarks ,nos. powers were enabled to succeed to and finding, from ha proceedinss and de- the inheritance of lands in" the United bates of the Senate, that. I bad nnt said Slates without beooming naturalized, snd one word on tho snl.ject nntil sfter die thereby ihe Isws of the States excluding speech wss made, might suppose that a aiens from the succession where repealed .JkM. in'cc" racy Vl crept WjJMLML li1iMiWWMmirrmiirtrJSii mm' fjtites n teYiiii . aeinaiid " lor House of Representatives, on the Jirtt ol June, which refer as a past event,, to ,a neer.li of mine made on the second a( June but were inserted for the first time, in the my own, but, without refering to ine pre cedent which have been furnished by the nat history ol tho Government, are futly sustsitved by the solemn and consid eraie iudgmrnt of the Supreme Court of thetJftittrfStates, in thecase ao often re feredto, (American Insurance Compapy vs. Canter, 1 Pet.,) both as to the source from which the right of acquisition ia de rived, and the nature andextentof ihepow. er over what ia acquired. In delivering tho opinnn of the touil id that esse Chief Justice Mar-hall says: "The Conatilion confers abmlutely en the Government of ihe Union the nowers of making ireaties; consequently thal Government poaaee- nrevious law. There seems to be some doubt, ss I collect from the remarks of honorabls ' Senalori on - this subject whst wss the stste of the law in the letritories aequired from Mexico, By aome it js al. leged that alt slavery waa absolutely) pro. hibited; by some that a species of slavery called Peon servitude, existed under cer tain modifications, about which gentlemen are not sgreedj but it is conceded on all handa. that Aliican slavery, as recognis ed in certain Stales of the Union was not an institution recognised in these Mexican territories. -:r' -.tvy,. ,trt .- Now. I hold, noon this concession, that thslsw in Msxieo not having recognised ses the power of acquiring territory either by alavery as it exists with us, such slavery eonqueat or by treaty .' If it ba eeded by the .t.nds prohibited irt Mexico until it shall treaty, the ceded territory becomes a part of ihe fee allowed by is w. Nothing, I apprehend, ..tin. I. Mkl. K li I. a.naaa.4 . IK AB lhl .. ... this. The grea eni a id object of the bill i blra as o myself. Tr;lt,l aneeeh in the month of July. But c". . . , - u.l. 1 draw no sucn inierence. " wno maticr may be i satisfactorily explained without any such uncharitable supposition. In anciont times, when the prophetic spir it Jecende t unmi s mm the seer, "rapt intn fiilurn timea. " often saw events with such lrce and distinctness, that, n prophe. tie strain he snoke of them as past already Agnjn: This is the as of progress., In the olden timo it." was said that "coni'ng events casiil etr shuldows before;"and nw in the micrhiv imiirniemenls of the day amidst the wondera of steam and electricity li mav weH he. that "coming words east their sound before!" And thus it happen . "Af er" lhi epeech waa made I was inform- ed hy Mr Vikable that Kss misiaten in sep noainir hia anaeeh to nave been first "irenU ed 'In Ialv:4hal it waa. In fact. elrciUied In June; and I atd this eorttcilco la ju-tice as welt to klm .a"A .aair :.' -"' ;- ''' nation jo whkh iija, annied4jlherile ierlbtllatiAiea aathotity is to be exerted; thnra ia a wetd, which together form tha Caatri'sniM of the State, are ibennrfomeflo laws. The eiil taws are iboaa thai igilats ths lights and con duct of lbs cltlxena among thomaalvea.r . ; Chief Justice Marshall, in delivering the opinion of the court, in the case to which I hsve before referred, speakiag of the effect produced by the cession of tf trory, ssys: i . (. ; . r Oaanoh transfer of territory it haa never been held that the relations of the inhahitanta with each other onHerge sey change. ' Their relation wiih iheii former Sovereiga ate . die solved, snd new teleuoaa Sre ereated between them and the government which has acquired their territory. - The same aot wkleh .tranalera their eoantry, transfers Mi atiegianoa or tnos who remain in it. and ih law which mat he determined political Is mtemaritj changed; al though that which regulate the Intercourse sad general eonduct of individuals icmrins in force nntil altered by a newly created power of th State." ...,-.)'-. " And again, in the Same opinion, he says: It ha been already Mated thai all lbs lawa which were In force ia Florida, while a province of (Spain, those excepted which were political In iheir eharaeier, tonick omcerntd th relations Iwkh Iht people aid their sovtrtig, remained In foic until alieied-py the bovernment ol in United States. Congrea reeognia thispiin pie by Jiting th moit aMa.waofvtl--4oiiUc:j?... now in foree therin " Kow.it ia here manifest, that of the laws of a ceded territory, none are abrogated by the cession except those which are called political, and that in Me only are called political which concern the relations be tween the people ana tneir sovereign; that these are "necessarily changed,", be cause inconsistent with the new reisliona between the ' territory and its new sover eign that the necessity of the case alone produces any change; and lh it all other law, whether described as the tnuniiipiU laws, the civil laws, or Ihe laws regulation "ihe rights and conduct of the citizens - among themselves," remain to force until altered by me new sovereign. , ; , Now, sir, it is agreed by all ths writers on oatiouaL Jaw,, by all judges .who iu treated upon this subject, -that slavery owe its existence to positive taw, to municipal law'.ltut, independently of law authorizing it, it does not exist anywhere; from whion it necessarily foil ws that, hether African slavery be expressly prohibited in .- these territories or not, it does not exist, unless by their Isw it be allowed, which no one pretends. Whether it shall be introduced, or its exclusion continued, depends, in my judgment, upon the will of Congiess. If, nothing be done by Congress it remains excluded, and their, power, over the subject , is complete and perfect. s U seems t to me that some confusion has resulted in the viewsof gentlemen upon this subject. iron the fact that we heretofore hsve not made scquisiiions of territory except, with a view ; to the formation of States; but we have just as much power to acquire territory, and keep it in perpetual pupilage, as sre hsve . to bring it into . .the , Union as a ' Stste. , Our right to acquire springs out of ths ' treaty power and the wsr power, and when . we acquire , we are to decide . for ourselves what shall be done wi-h whst has become ours by crssion or by conquest If we should obtain that El Dorado ol some , gentlemen, the Island of Cubs, would we be bound to ndinit it into the Union! By. aw a ate . . no means. should nave s ngnt to keep has a territory ajprovince and reg nlats it as we please. And if we I deemed, it best for the interest of the United States, we might rightfully so keep it, even, to ose, an extravagsnt phrase, "to the jasl : syllable i of recorded time." The constitutional re strictions weie intended to protect us . gainst our own Government; they were. intended ,to regulate us smong. ourselves, to ebfine snd distribute the' p) wars which exist between , the Uniled States and lhl several Slates, and to secure to the States snd to thq people powers not granted to the United Slates. There is notsn srticls which looks to the restraint of power, ex cept ss it i te be exercised over us; not an article designed to shorten our hands or diminish the sggregate of our power: in acting externally upon foreign territory.. Therefore. I hold that, among tliose sub jects falling within the constitutional pow er oi, vongrcss, is ins entire regulation oi of such territory as we msy , acquire, to make such laws foi it as we 'may thiak bes', and to give it a political organization tuch kind, and with such restraints ana debt which has been by due course of law paid and satisfied This was done with regard to the Butish debls which had been rightfully eonfi cated by State author ity during the Revolutionary war, anu ine mount paid into the treasuries oi me res- neetive Slates. And sgain. by treaty ' the United States may acquire sutnonty o erect judicial tribunals and confer judicial . - ., . i -e- e : .. power wunin ine lerninry oi lorwigu aim ndeoehdent nstion. Of this we have an exarnole in the bill new on our table to . . . .. . . . - erect such tribunals snu comer sucn power to he exercised in the empire of China. It seems therelore, to follow necessarily a well from the express grant ol power as from the practice of the Government that the President and Senate, by ueaiy. m.w s aenniro territory 1 lor the United Kiutesi'" When that acquisition is made by the exercle of the power thus grantrd ih'; Riinatitntion confers expressly opon rv.irri the nower to leeistate for the government of the territory so arqoirsd. rt it .nnf.i on Cone-ress the power Mn ank kll taws fleeesrv Snd " proper for aa it new master shall ' impoe. Perhaps ihe power of governing a Tereiiory belonging to th United State which baa not, by becom ing a Slat, acquired lh mean of self govern ment may reeult n carily from the fact thai it I not witlilntrie Jurisdiction or any panico lar State, and i wiihin power aid turidlclioo of the Uniied Stale. The right to govern may be ih tneviiehle-eoneeqnence ol the right to acqnir lerritory. Whichever may he the ouree wheat lh power I derived, ths ptensn 1 w is an queationed . . . i y--i ... i : mr justice , jvnnson, ., in . nis opinion, delivered in the same case, when in the circuit court, thus .expresses, him tell: i , ,- The right, therefore, of arqniring . territory it altogether incidental Io Ihe treaty making power and perhaps io the porer ot aa milling new State Into Ihe Union- and lh government ef anchaeqHitition Is of court left to the legislative power of the Union a far as thst newer i eneontioie by treaty. UV lh laner w acqairo either positively er sub mods, and by th former di f acquisition ae de and in ease of aueb arqulaiilona, I see nothing la which th power seqnired ovei the .ceded .ler t'Uories Can vary from the power acquired onder ths Isw of nattoas hy spy other govsransnt territory, whether it lorms i pin or m whole of a. foreign nation whether ob- dued by arms or ceded by treaty no laws are repealed except those wnicn are in consistent with the relations which the subjugated people bear to their new aov. ereiirnt that such tcquitition implies only . ... , , a Chang oi - onminion anu aurgmncT transier Ol icgi8iaue euiuurnj euu tivo control. . snd that all Isws not neces- sarilu inconsistent therewith, remain in full .. . t. . ..J: force until tho new sovereign man fv alter, or abolish them, i On this sub- iect Vtttol thus expresses himself: rae tundamen!! reeuiaiion mi aeien-Ma iKar manner in wkUtk iha aublie authority la to be executed, i what ofms th Conitituli tf thtatt, lnlhiU lh form io which ih nstion act, in qoaliiy ol a body poiuio. how and bv whom ih people are io t gov d. and What are tha itirht and duties of th Gror."tTh lawa are regalailons etab- lUheil hy behlin authority; te be nbarv4 ia ocieiy " Th Uwe made directly with a view to the pnklie welfare are ptUtitul law, and in ihisel tho llm t eoncera the body itself. and the hainir nf ihe eonietv. th form ot gov erarnent, tho ntaonf la sjbich ths poMlc this power is included the introduction or exclusion oflivery, according lo our . aa a ownjadgment, entirely independent ana irrespective oi n vi mo iraupia w lb territory, or sny oouy cise. mj friend from Ohio (Mr, Conwrn) in hi speech yeterday , stated that I waa the only gentleman sustaining me same re is lion to the subject, upon the 'floor,' whs entertained this opinion. Since thst re mark was raid e J my friend from Kentucky, (Mr.UKDEP.w6oD,) hat expressed the ssm. opinion, and I hazard nothing in saying that the honorable Senator from Missouri, (M r. Bbktoh,) new in my eye, than whom tie r . . l no man is mors espaoie oi iorimg a mutiu . iadgment, hold the sams opinion wiuioiit qualiucstion. II I uo mm injustice, nope he will say so. The opinion ia by ao means novrl. Why, sir, , when the bill admitting Missouri passed the House, U contained an express provision, aa a fan damental condition on which .that, state was to be admiiieil, that slavery should, bo excluded. '. ' When the bill came into ih Senate that provision was stricken out sni. i
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 30, 1848, edition 1
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