The New York Herald Newspaper, July 21, 1848, Page 1

NO. 5159. THE NEW COMPROMI THE REPORT “TERRITORIAL 8: LECT COM To THE Senate of the United States, July 18, 1548, Mr. Clayton, from the select corm whom was referred the subject of ter ( nn, Culiforaia and New Mexico, reported the following bill: 1 Bill to Establivh the Tervitorial Governments of Ore- gon. California and New Mexico Be it enucted by the Senate and House of Represen- tatives of the United stutes of America, in Congress asrembied, bat. from and after the passage of this act, all that part of the territory of the United States which lies west of the sunupit of the Rocky Mountains, aod d paraliel of latitude. shall be ‘organised into, and copstitnte a temporary government by the vame of the Territory at nothing in this act contaimed. shall be construed roperty now pertain- ry, 80 long as such ed by treaty between the United States and such Indians; or to affect the authority of the government of the United States, to make any regulation reaps lands, pooperty, or other rights, by treaty, law, or otherwite. which it weuld have been competent to tho government to wake. if this act had never passed, And provided further. that py: thong in this act contained chall be constue to inhibit the government of the United States, from dividing said territory into two or ner, and at such times. ag nient and proper; or from attaching any portion cf said territory to any other United States Seo. 2 And be it further enacted, That the executive power and authority in and over said territory of Oro- gon, shall be vested in a governor, who shall hold his office for four years, snd until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. side within said termtory,+ hall be commander-in-chief shall perform the duties and re- ceive the cmoluments of superintendent of Indian affairs ; he may grant pardons for off-nces against the lnwa of tnid terntory, avd reprieves for offences against the laws of the United States. until the decision of the President can be made known thereon ; he shall com- mission all officers who shall be appointed to office under the laws cf exid territory. and shall take caro that the Jaws shail be faithfully excouted, Seo. 8. And be it further enacted, That there shall be a secretary of said territor: nd hold bis office for four years, unless sooner re- moved by the President of the United States ; ho shall tecord and preserve all the laws and proceedings of the legislative assembly hereinafter constituted. and all the acts and proceedings of the governor in his executive department ; he shall transmit one copy of the laws aud one copy of the executive proceedings, on or before the first day of December in each year. to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House cf Representatives and the President of tho Se- nate, Tor the use of Congress, Jeath, removal, resignation or other necessury absence (f the governor fom the territory, the secretary shall | have, and he is hereby authorized and required to exe- gute and perform, all the powers and duties of the go- ternor. during such vacancy or necessary absence. or antil another governor shall be duly appointed to fill vernments in Oreg north of the forty-sec to impair the right rights shall remal more territ Congress eball derm con State or Territory of the of the militia thereof; in, quch vacancy. geo 4, Aud beit farther enacted, ‘ve power and authority of suid rested in the legislative assembly. sembly shall consist of a council and house of repre- sentatives. The council sball consist of thirteen mem- | bers, having the qualificatio: prescribed, whore term of service shall continue two years. The House of Representatives shall. at its first | dession, consist of twenty-six mrmbers.. possessing the fame qualifications as prescribed for members of tho council, and whore term of service shall continue one . The number of representatives may be jnorexsed yy the legirlative assembly from time to time, in pro- | portion to the increase of population : provided, that the whole number shall never exceed thirty-nine. portionment shall be made. as nearly equal us prac- ticable, among the several counties or districts, fur the election of the council and reprerentatives. giving to each ertion of the territory representation in the qatio of its population. Indians excepted, as nearly as ‘may be. And the members of the council and of the | House of Representatives sball reside in and be inba- Ditanis of the district for which they ma respectively. Previous to the first election, the go- vernor shall cavee # census or enumerati dnhahitants of the several counties and districts en, and the first electton shall ‘be held at such time and places.and be conducted 4m ruch manner. as the governor shall appoint and sdirect ; and he shall. at the same time, declare the umber of members of the council and House of Re- Presentatives to which each of the counties or districts shall be entitled under this act. sons authorized to be elected having the hig] ber of votes in each of caid council district ‘bers of the council shall be declared by the governor to de duly elected tothe council; and the person or per- sons authorized to be elected having the highest num- ber 01 votes, for the Houre of Representatives, equal to the number to which each county or district shall be entitled, +hall be declared by the govornor to be duly elected members of the Hourofof Representatives; pro- vided, that im case of atie between two or more per- sons voted for, the governor shall order a new election to supply the vacancy made by such a ti persons thus elected tothe Irgislative assembly shall meet at euch place, and on such day, as the governor shall appoint; but thereafter, the time, place ner of holding and conducting all elections by tho eople, and the apportioning the representation ,in Thetceverel counties oF distiicts, to the council and cording to population, othe territory to be tak House of Representatives, shall be presribed by law, us well as the day of the com- mencement of the regular sessions of the legislative asrembly; provided, that no one session shall exceed he term of sixty dase. }. See. 5. And beiwturther enacted, Thatgevery froo white male inhabitant, above the age of twenty-one years, who shall bave byen a resident of said territory at the time of the pasrage of this act, shail be entitled to vote nt the first election. und sbail be eligible to any office within the nid territory; but the qualifications of voters ond. of boiding office: at all subsequent tec- tions, eball be such as shall be prescribed by the legis- Jative assembly; provided. that the right of suffrage and of holding offier shall be exercised only by citizens of the United States, and thore who shail have deciared on oath their inteution to become such, and shall hen an oath to support the constitution of the tates, and the provisions of this act. Sec. 6. And be it further enacted That the legisla- tive power of the territory shail extend to all rightful subjects of legislation consist of the United States, and the provisions of this act; put no jaw chai! be passed interfering with the primary Girporal of the foil; no tax shall be imposed upon the property of the United States; nor shail the lands or Other property of non-residents, be taxed higher than the lands or other property of residents. Ali the taws pasred by the legi-iative astembly shall be submitted to the Congress of the United States, and if disapproved, no eth ct, Sec. 7. And be it furth-r enacted, That all town- ship, district, and county officers, not herein other- wise provided for, shuli be appointed or elected, case may be, in such manner as shall be provided by the legislative asecmbly of Lhe territory of Oregon. The governor shall ni minate, and by and with the advice and consent of the iegisiative council, appoint all offl- cers not besoin otherwise provided for; and, in the first instance, the governor alone may appoint all said offi. cers, who shell hold their offices until the end of the next retsion of the legisintive aseombly. 8. And be it furthe shall be null and c Se ot territory. Sec. ¥. And be it farther onacted, That the judicial be vested in a supreme c-urts and in justices of vthe pence, ‘The supreme court shall consist of a ebiet ico nd 1 WO Asnocinte justiovs, any two of whom Fhall constitute @ quorum, and who sball hold @ term at the reat of government of said terrivory annually, and they tball hold their cfflees during the period of four years. ‘The said territory shall be divided into three judicial districts, und a al sheld in each of said districts by one of the justices of t such times and places as may be scribed by law; and the said judges al Dreir appointments, respectively, reside in the districts Fail be assigned them. ‘The Jurledietion of the several courts hereiw provided for, both ap original, and that of the probate courts, an: of the peace, shall be ax limited by law: Provided, That justices of the peace rhall not have jurisdiction of any matter in controversy when the title or boun- daries of land way be in disput gum cluimed thali exceed one hundred d preme aud district courts, re ss chancery as well as common Law juri diction. Each di-trict court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shail keep bis office at the place where the court may be held. Dills of exception, and appeals, shall be allowed im ail cases from the final dec'sions of said district sourts to Phe cupreme court, under such regulations as may be Preserid by law ; but in no ense removed to the su- be allowed in said court, juticas thereof, shall ap- point its own clerk, and every olork shall pleasure of the court for which ated. Writs of error and app jowd of said supreme court shal bo allowed, and may be taken to the Supreme Court of the United States, in the same mauner and onder the same regu lations ne from the cirenit courts of the United States, ardench of the enid letrict courts power of court, dl justi the tupreme court. which «4 the said shall pors He court shall tri: i supreme conrt, Friend! we mean net to“speak is its beundon but the Supreme Court of 1843 is tof Jobu Maraball Story, Sith Thomp- It is’a very different bo enn’t /ny positively what the present judges will do respecting slavery extension. We can tay what they have done with regard to the Vorr queation. tion was made to operate and in favor of Polk in 1844; it before the Supreme Court, to fever slavery ? evil of dignitic’ the vse of Congress. And, in cnse of the death, re- moval, resignation, or other nec the territory, the ecutive power avd authority in and over said territory of California shall he vestedin a governor, who shail hold his office for four years, and until his successor shal be appeinted and qualified, moved by the President of the U ide within said territory, shall be | -chief of the militia thereof, shall por- | the duties and receive the emoluments of super. dent of Indian affairs; be may grant pardons for guinst (he laws of suid territory. repr:eves for offences xgainst the laws of the United States until the dection of the President ean be made known thereon; | he shall commission ull officers who shall be appointed to office under the laws of the suid territory, and shall take care that the laws be faithfully executed, 283. And be it further shell be a secretary of said terr' ide therein, and hold his oMce for fone yéars, un- less sooner removed by the President of the United States; he sball record and preserve all the laws and proceedings of the legislative assembly here- inatier constituted, and all the acts and procved- ings of the governor in his executive deprtment shall tran: mit one copy of the laws and one copy of the executive preceedinge, on or before the tirst day of De- eax, to the President of the United and, atthe same time, two copies of the laws to aker of the House of Representatives and the nt of the Senate, for the use of Cougress, death, removal, resignation, or other necessary absence of the governor from the territory, | the reeretary shell buve, and he is here and required to execute and perform, all the powers and duties of the governor, during such vacancy or necessary abecnee, or until another governor siall be culy appointed to fill euch veeancy. Seo 24 And be it further enacted, That the judi- | shall be vested in a supreme wate courts, nnd me court shall chief justice and two assoginte justices, owhe rm shall constitute # quorum: and who sh term ot the sent of government of said territory ane thir!l Lold their offices during the pe- ‘The said territory shall be divided into three judie'al districts. and a district court shail be held in cach of snid districts by one of the justices rt. at such times and plices as may ; and the said judges shati, aficr their_appoiptments. respectively, reside in the districts which shall be assigned to them. diction of the several courts herein provided, for both | appeliate and origins!, and that of the probate courts, ices of the peace, shall be as limited by law: Provid d. That justices of the peace shall not have juisdiction of any matter in controversy when the litle or boundaries of land may be in dispute, or where | the debt or sum claimed shall exceed one hunvred dot- | lars ; and the said supreme and district courts, respec- tively, ehall possess a chancery as well as Fach district court, or the judye hall appoint its clerk, who shall also be the regiscor ia chancery. und sbull keep his ofilee at the place where Writs of error, bills of excep- tion, and appeals, shall be allowed in all cases from the final decision of said district courts to the sapreme court. under such regulations as may be prescribed by law; butin no case, removed to the supreme court, shall trian} by jury be allowed in said court, preme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his offe. pleasure ot the court for which he shali‘have been ay pointed, Writs of error and appeals from the tinal d court shall be allowed. may be taken to the ‘Supreme Court of the United | States, in the same manner and under the same regu. lations as from the circuit courts of the United States, euch of the said district eourts shall bave and exercise the same jurisdiction in all cases arising under tue constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the firet six duys of every term of said courts, of a0 much thereof as shall be necessary, sball be appro- to the trial of causes arising under the said ution and laws; and writs of error and appeals ball be made to the eupreme court of said territory, the same as in other cases. clerk shall receive, in all such cases, the same feos which the clerks of the district courts of Wisconsin ‘Territory heretofore received for rimilar services. Sec. 45. And be it further enacted, That there shall be appointed an attorney for said territory, who shail continue in office for four years, unless sooner re- moved by the President, and who shall receive the same fees and salary as were received by the attorney ot the United States for the Territory of Wisconsin. ‘There shall also be a marshal for the territory appoiu' ed, who shall bold his office for four years sconer removed by the President, and who shal cute all procesres issuing from the said courts, when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the du- | ties, be subject to the same regulation and penalties, and be entitled to the same fees, as were received by the marsh) of the district court of the United States for the Territory of Wisconsin; and shall, in addition, be paid two hundred dollurs aunually as compensa- | tion for extra services: Sce, 26. And be it farther enacted, That the legisla- tive power of said territory shall, until Congress shall herwise provide, be vested in the governor, secretary and judges of the supreme court, who, or a majority of them, thal) bave power to pars any law for the adminise; tration of justice in said territory, which shall uot be | repvgnent to this act, or inconsistent with the laws avd constitution of the United States. thall be passed interfering with the primary disposal of the soil, respecting an establishment of religion, or respecting slavery; and no tax shall be imposed upon the property of the United States, nor shuil the lads or other property of nou-residents be taxed higher than the Jands or other property of residents. lave shall be submitted to the Congress cf t States, and. if disapproved, shall be null and void. Sec. 27. And be it further enacted, That the gover- chief justice and associate justices, , thall be nomivated, and, | consent of the d by the Pre-ident of the United e governor and secretary to be 9] as aforeraid tball, before they act as such, epectively take an oath or affirmation, before the ‘di trict judge, or some justice of the suid territory, duly authorised to administer oaths and affirmations by the laws now in force therein, or be fore the chief justice or rome associate justice of the Supreme Court of the United States, to eupport the conetitution of the United States, and faithfully to disebarge the duties of thelr respective offices; which suid othe, when so taken, s! all be certified by the per- son by whom the same ebali have been taken, and such certificates sball be received and recorded by the said recretary among the executive proceedings. And the chief justice and a-sociate justices and all other civil cflicers in eaid territory, before they act a: tube a like cath or affirmation before the said goveruor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qual- | ifed. which said oath or affirmation shall be certified and transmitted by the person taking the same, to the by him recorded us aforesaid; and, a! he like oath or affirmation shall be taken, d recorded ineuch manner and form as may be prescribed by law. The governor sh ap annval salary of fifteen hundred dollars as gover- nor, and fifteen hundred dollars as superintendent of The chief justice and associate jus- tices shall each receive an annual salary of eighiven ‘The secretary shall receive an an- sual salary of eighteen hundred dollars, fularies shall be paid quarter-yearly at the treasury of the United States, There shall be appropriated, an- | nually. the sum of one thoussnd dollars, to be expend- ed by the governor, to defray the contingent expenses \d there shall also be appropriated, | id by the sec- seme jurisdiction in ail cases arising under the conetitution and laws of the United States as ix vested in the eireu-t and district courts of the United States; and the first six days of every term of said ceurts or 80 much thereof And while we s thal be necessary. shall pprepriated to the trial of causes arising under the evid constitution and laws; and wr ts of error and an- penis. in all such cases, sball be made to the supreme court of said territory. the same as in other cases suid clerk shall receive. in wil such cases. the same frss ubich the clerks of toe district courts of Wisconsin Territory heretofore received for similar services. Seo 10, And be it further enacted, That there shall be appointed av attorney for suid te continue in ¢fitee for four years, unless sooner removed hy the President, and who ball receive the same fees abd salery ne were received by the attorney of the United States for the Territory of Wisconsin. shall also be a marsbal for the territory appointed, who slall hold bis office fur four years. unless sooner xre- moved by the President, and who shall +xecute all proce sees issuing from the eaid courts, when exercising the'r jurisdiction as cireu t and distriet courts of the United States; he shall perforin the duties. ba subject to the same reulation and penalties, and be entitled tothe same fees. as were received by the marshal of the district court of the United States for the Territory of Wisconsin; and hall, in addition. be paid two bun- dred dollarsannually as # compensation for extra ser- And be it farther enacted, That the gover- nor, secretary, chief justice and associate justices, at- terney, and marsbal, sball be nominated, aud by and with ihe advice and consent of the Senate appointed, by the President of the United States. and secretary to be appointed as aforesaid shall, before they oct_as euch, resp: ctively take an oath or affirma- tion. before the district judge or some justice of the pence in the limits of raid territory, duly authorized to administer oaths and affirmations by the laws now in force therein. or before the chief justice or seme asso- of the Court of the United Staten): to rurport the constitution of the United States, and faithfully to discharge the duties of their respective of- ficer; which raid oaths, when so taken. shall be certified by the person by whomjthe same sball have beentak n. | and such certificates shall be recerved and recorded by the said secretary among the executive proceedings, And the chief justice and associate justices, and all «ther civil officers in said territory. before they act us such, hall take a like oath or affirmation before the taid governor or secretary. or some justice of the peace of the territory, who may be duly commissioned and | qualified. which said cath or affirmation shall be certi- | fled and tranemitted, by the person taking tho same, to the secretary, to be by him recorded ax aforesaid; and, afierxards the like cath or afformation shall bo taken, certified, and recorded. in such manner and form as may be prescribed by law, The governor shall receive fifteen hundred dollars as gover- dred dollars as superintendent of Indian aflairs, The chief justice and associate justices shail each receive an annual salary of cighteen etary shall receive an au- and perform, ail the power during euch vacancy or . ancther governor shall be duly appointed to Mil. such absence, or until werfully against Clay as since come regularly ‘and was fully argued last There was no way to decide it but one, as every intelligent perron knew, and the decision, by a \ecoioeo Court. would have told powerfully agsinst Cure & Company in the pending canvass. So the dec sion is withheld—+imothered— concealed 4 political triek, to prevent the seasonabl havn't @ very excessive cont- acted. That the judicial vested in & supreme court, district courts, probato courts, and in juatiees of The Supreme Court shall ewn-ist of a chiei justice und one arsocinte justice, who shall hold @ tenm at the seat of government of ra’ territory anvually, and they shall hold their duneg the period’ of 1 acted, That there tory, who shall re- | o said territory divided into two judicial districts, anid triet court theit be held in each of said dive tricts by one of the justices of the supremo Conrt, al such times and places as may be preseribed by law; and the said judges shall. after their appointment, re- spectively, reride in the districts which shall boas igne ‘The jurisdiction of the several courts herein provced fer, both appellnte aud original, and that of the pre bate courts, and of just t the y be as limited by law: Provided, That justi diction of any matt toversy when the title or boundaries of land may bo in dispute. or where the debt or sume ed one hundred dollars ; and the sa District Com ta, respeetively, shail po-sors chancery, as well as comnpon’law jurisdiction or the judge thervof, shell appoint its clerk, who shath also be the regictor in chancery, ard shall keep his office at the place where the eoneh nay be hid | of error, Diths of of past tricks. dence in cither set of tricksters, “he Supreme when shall it decide? Every honest interest req shall'be rendered forthwith. know whether they cau take their slaves to New Mexico and legally hold them there; free laborers want to kuow whether, if they g vork in competition with blacksmiths, carpenters, &c., who are bought and sold at tive to eight hundred dllars yer head, with a liberal discount to one who buys by If the decision shall be deferred, the rs will have gone there, ex= pecting to hold their workmen as chattels, will be urged As areason why slavery chould be perpetuated, Will clamor against an adverse dee sion as a con d their brother stavebolders on the will be inclined to sympathize with rt is to have final jurisdiction. But We want a decision at once: ires that the decisive verdict ‘The slaveholders want to cember in each © shall not have ju imed shaliex- the quantity. mero fact that slave hold of Oregon: Provided, And, incase of of person or ing to the Indians in said terri unextinguis Nach distriet court, diately made f rion te well, no unsatisfactory, ‘The governor Supreme Bene appeiels, shall be at ow- ions of said district Cougt, Viider such regulations Wp Detin no case removed Mitral by jury, be allowed in tur the justices there- aud every elerk shall court for whieh he Writs of error and appouls ime Court shall be upreme Court of the ’ exerption, 92 vg such Indians, their tt Let this bill pass as reported, and we shall have an immediate organization of exch territory, under in- fluences most hostile to free labor and free soil — Slaves will be carried and held there, and the terri- torial judges will pronounce the wholo a tair business trausaction, Phen the Supremo Court bas only to defix a decision until slavery shall huve become strong enongh to organize State governments and apply for | edimission info the Unier, decide as it sees fit; slavery will take care of itself, dom! be not deceived! be not lulled ‘The Senate is hopeless, but bring every ia- fluence to bear on the House, and this insidious bill may yet be stopped there. (From tho Wathington Intelligencbr, July 19.) THE COMPKONID: , Our readers are apprised that important of those questions which sometimes arise as if to uy the strength and durability of our Union, was referred to a select Committee of Lt members in the Senate of the United Siates on | In the formation of this committee sulted and repre- cial power of raid territor court, district conrts to the Supreme Col bold his office at shail bave been appoloted fiom the final decisions of enid allowed, pnd any be taken to th pleasure of Uh jes, in uch w nvally, avd the red of four years After that, the court may sion of th the organization of the new territories, in effect au- thorises the exclusion of slavery from Oregon, by ermitting its legislature to set definitely on the subject, Vt leaves the question open as it respects California and New Mexico. con settle in the two latter territories indiscriminately, and if any difficulties arise out of such settlements, they ure to be referred (ultimately) to the Supreme Court of the United States for adjudication. Thas Con- grees will be redeved from the necessity of acting on the main question until after the next Presideatial and ax much longer as they may seo ft. ‘The view taken by the commitice ix piausible, via., that the que: tion is a constitutional one, aud therefore belongs rather to the Supreme Court, as the rightfal interpre- ters of the Constitution, than to Congress, The Su- preme Court, we suspect, will flad the Consticution very silent on the subject ; but on the general princi- ples of that instrument, they will probably decide that the right of settlement in said torritories is common to all American citizens, with their families and de~ Whether this state of things will on the whole be better, or even as good as an ou! promise on latitude 36 30, we at Such # compromise would give to freedom at | Jeaxt three fitths of the two territories in the aggregate, including the inaguificeut port of San Francisco, one of the fincet in tho world,—the town of Monterey, now Friends of free in the same manner, and under the sume regulations as from the ¢ J) and each of t ¢ of the supreme be prescribed by 1 No extension of slavery ! tion aud laws-of the United States, as is vested in the eirenit and district j and the Gr-t six days of or +o much thereof aa shall to tho trial of | courts of the United Stat every term of said court Le necestary, hell be appropriated cnuses arising Under the said constitution and Laws ; and writs of errer and appeals, in wil such eases, shall be wade tothe Supreme Court of said territor, me as in otber cases. all neh cases, the ram The governor shall rv ne of the most The said clerk sh e fver which the elerks of the consin Territory, he an annual salar nor. and fifteen ery sectional interest was sented, and cach of the political divisions had an * See. $2, And be it farther enp be appointed an attorney for continue in office for four years, unless soo! ‘ident, aud who shall receive the came fve wud ralary as were received by the attorney of the United States for the ‘ferritory of Wisconsin shall also be a marshal for the territory app shail bald his offlee for four years, unless moved by the President, and who shall exceute iseuing fiom the raid courts, whe! their jurisdiction as cireuit and district courts oi: the United States; he shall perform the duties, be subject to the sume regulation and penaitios. and be entitled to the same fees, 28 were reerived by Une marshal of tha | district court of the United States for the Teeritory sconsin; and shali, in addition. hundred dollars annually as a compensation for extra | We may eusily suppose that the most opposite views | were presented and defended by the distinguished ators who formed this committee; and those who | were bert informed of the inherent dificuities which | stood im the way of an adjusiment aud favorable re- port, had but faint hope that this question could be settled during the present session. ardent friends of the Union and of their country, ere of opinion that by defer- ring an adjustment the diffloultias attending It would inercase; greater exacerbation would ensue; and that geographical parties would arise, endangering at no | distant day that union of free and independent states which can alone ensure peace at home and reapeet hundred dollars, ralary of cighteen hundred seid sa’aries shall be paid quurter-yearly, at the treasury of the United States. gislative asrcmbly rhall be entitled to receive three dol- jars exch per Cay during their attendance at the ses- sions therecf. and three dollars each for eyery twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually tra- yelled route, There shall be appropriated, annitally, the sum of one thousand dollars, to be expended by the governor to defray the contingent expenses of the ter- ritory ; and there rhall also be appropriated, annually, a suffict mt sum to be expended by the secretary of the territory, and upon an estimate to be made by the secre- tory of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the Jaws,ond other incidental expenses; andthe secretary of | the territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the atoreraid sum shall have been expended. Seo 12 And beit further enacted, That the existing laws now in force in the territory of Oregon, wi authority of the provisional government established by the people thereof, shall continue to be valid and o) rative therein. so far as the same be not incom; with the provisions of this act ; eubject, nevertheless, |. modified. or repealed, by the legislative e said territory of Oregon ; and the laws States are hereby extended over and de- clared to be in force in said territory, so far us the same, or any provision thereof. may be applicable. Sec. 13, And be iti further enacted. That the legis- lative assembly of the territory of Oregon, ¢ in said territory the court may be held. who shall reside there- ‘The meinbers of the le- And yet many | whig and democrati citions of said suprem the capital of California— ted by our emigrants as the most desir- And, in case of the able for settlement. commitice, however, yesterday reported a bill | which we sincerely hope will put this question forever ‘Lhis bill. proposes to establish governments for the territories of Oregon, California and New Mex- ico upon such principies of universal justice and con- stitutional right as itis hoped will challenge the ap- | proval of every calm ant reflecting mind. territorial govern: continuing in force the laws whieh have been passed by the present temporary government until the Legis- lature, to be created by this act, shall pass other laws nformity to the wishes and interests of the peoplo whom they will represent. As it regerds New Mexico and California, it provides for each & government such as that first given to the Michigan Territory; but, at the same time, restraias | thore territories from passing any laws on the subject of slavery, freedom of religion, or impairing the right of the United States to the unoccupied lands, ever rights of property are to be enjoyed by persons | removing to those territories, derived from the consti- | tution and laws of the United toend decided by the judicial powee of the United States, subject to an appeal from the courts within the territories to the Supreme Court of the United States. Hence it is apparent that the rights and claims of | the North and the South on the subject of slavery are and, without giving the sanction of the tes to a further extension of the territory in which slavery will be recognised, the future charac- ter of those States will depend on the character, the habits, and the wishes of the people who shall hereafter | e State constitutions for those territories. We sincerely trust that this scheme, proceeding as it undcubtedly does from the most patriotic motives, may put anend for ever to a question from the agita- tion of which alone the enemies of our great and glo- rious Union derive any hope of succeeding in their in- Bane purposes [From the Washington Union, July 19.) b THE RAINBOW OF PEACK. ‘ Jt is no longer the Missouri Compromise, but it | is still a compromise between different sections of We shall equally hail it as bow of peace which stills agitation, arrests ex- | citement, and gives peace to our people and stabil- ity to our Union. ‘This scheme of compromise has emanated from the committee of eight, by ballot of the Senate on Thurs- ay last—four from one section of the Union, and four | from the other—balf of them democrats, huif whigs ; the whig member from Delaware, also Committee, being from a S| of the Union—neither, in fact, north nor south. This commitice have been assiduously engaged in day after day, ever since their They have displayed the finest spirit— , suggested and rejected various schemes of compromise —and finally settled down on a proposition which was yesterday reported to the Senate, and ordered to be | be paid two | M'LEAN'S OPINION ON THLE POWERS OF CONGRE: Ste 33. And be it ferther enacted. hat the legista- tive power of said Territory shall, unt otherwise provide. be verted in the govern and judges of the Supreme Gourt, who, ora maj fall have power to pas {From the Nat y law for the admin- ‘The bill provid ent fer Oregon, tion of justice in said territory. which shall not bo | repugnant te this act, or inconsistent with the laws and constitution of the United States shall be pasted respecting an establishment of religion, | or rerpecting flavery. or interfering with the primary disporal of the soil. and no tax shall be imposed upon the property of the United States, nor shail the lands or other property of non-residents be taxed higher than the lands or other property of residents Jawe shall be submitted to the Congress of the United States..and if disapproved shall be null and void. Sco. 84. And be it furtherenacted, ‘That the gover- | nor, recretary, chief justice and aséocint torney, and inarsbul, shall be nominated, and by and advice and consent of the Senat President of the United States. avd secretary to be appointed as aforesaid shuil, before they ect as such, respectively take an oath or affirma- tion. before the district judge or some justice of the peace in the limits of said territory, duly authorised to administor oaths and affirmations by the laws now in force therein, or before the chief justice or associate ‘Justice United States, ‘itory shall be | in all sueh case ¢ legislative us- is of voters as hereinafter | its first sersion at such time and pl as the governor thereof shall appoint and direct ; and at said firet session, er aa soon thereafter deem expedient, the legislative assembly shall proceed locate and establish the seat of government for said | territcry at such piace as they may deem eligible; | which place, however, shall thereafter be subject to be changed by the legislative aseembly | twenty thousand dollars, out of any money in the trea- | fury not otherwise appropriated. is hereby appropriated | and granted to said territory of Oregon, to be applied by the governor and legisiative assembly thereof to the excotion of ruitable public buildings at the seat of gov- Sco. 14 And be it farther enacted, That a delegate to the Houte cf Representative to rerve for the term of two years, may be elvcted by the voters qualified to elect. members of the legislative a sembly, who shall be entitled to the same rigats add vileges as are exercised and enjoyed by the delegates m the several other Territories of the United States to the raid House of Representatives. tion shall be beld at such time and places, and be con- er. as the governor shall appoint lections, the time, places, and’ manner of holding the elections shail be w. The person having the greatest number of votes sball be declared by the governor to be duly elected, and a certificate thereof shall be given Sec, 15, And be it further enacted, That all suits, edings, civil and criminal. at law and in chancery. and ail indictments and informations, which shall be pending and undetermined in the courts established by authority of the provisional government of Oxegon. within the limits of said territory, when this act shall take effect, shall be transferred to be he tmined in the district States, are to be referred The governor And the sum of the Supreme support the constitu. faithfally to dircharge the duties of their respective offices which Faid oxths, vhen eo taken. shall be certifies by the person by whom the ame shall have been taken, | avd ruch certificates shall be received and reeorded by | the enid secretary among the executive proceedings. | And the chief justice and associate justice, and ali other civil officers in aid territory. before they act as such, ball take a like oath ov affirmation be said governor or secretary, or Fome jadge or justice of the peace of the territory, who may be duly commis- | . fied, which said oath or affirmation d and transmitted. by the person », tothe recietury. to be by him record- and, afterwards. the like firmation shall be taken, certified, and re in such manner and forin as may be prescribed by Jaw. The governor shall receive an annual salary of | fifteen hundred dollars as governor, and. fifteen | hundred dolla's as superintendent of Indian af- fi The chief justice and associate justice shall | each receive an annual salary of eighteen hundred ‘The secretary rhall receive an annual salary of eighteen hundred dollars. Tho said salai t the treasury of the United | here Fhail be appropriated, annually, the tum of one thourand dollars, to be expended by the the contingent expenses of the territory. and there shall also be appropriated annually a sufficent anm, to be expended by the secretary of the terr tory, and upon an estimate to be made by the Se- cretary of the Treasury of the United States, to de- | fray the expenres of printing the laws and other inci- ud tho secretary of tho territory unt to the Secretary of the Trea: | ner in which the | f the United States, ‘The number of per- The first olec- sioned and q) thall be cer and direct ; and at all subsequent loved country. das aforesaid; prescribed by nor, secretar attorney an by and with the advice and airman of the in the middle | ace in the limits of heir momentous dutie: appointment. rosecuted and di territorial gover the District of Columb a. The ordinance “ for the government of the territory of the United States northwest of the river Ohio,” was approved 7th August, 1727, which was before the for- mation of the Constitution of the United States.— ‘That ordinance provided for the first and second grade of territorial government which extended over the ter- that includes the present States of Ohio, Indians, aud Michigan. Separate territorial govera- 14 Were formed under the ordinance, as the pro- » of the population demanded may have been supposed to rendsr any provisions on the subject in the Constitution unnecessary. Oa the 7th August, 1789, the ordinance was modified by an act of Congress, so.as to adapt it to the Constitu- y established, which may include the counties or districts where any such proceedin; ‘All bonds, recognizance id whatsoever, valid un: Jaws wishin the limits of said territory, sball be valid under this act; and all crimes and misdemeanors against the laws in force within said limits. way be rosecuted, tried, and punished in the courts estab-" ished by this act; and all penalties, forfeitures, f action. may be recovered, under this act, the same as they would have been under the limits composing said territory, governor to defray ‘und obligations ler the existing j We heard a scheme, similar in many respects, and | bottomed on the same legislatived principles, proposed by a western member a few days ago. it better, we must remark, that some of the Territories of the United States have had two Territorial forms of goverpment—the first is when the Governor, Judges, | Ke., have formed the laws for the Territory, subject to the subsequent action of Congress. ‘These few federal Cflicers formed in these Territories, of course, the legis- lative power, Such was the original form of Lilinois, After a ceftain period of probation, the people bad the power of electing their own delegates, who formed their territorial legislature. comes the State Government Most of our territories have passed through thet One or two of the last Territories. Wirconsin, for example— began with a Territorial legis- | lature chosen by the people themselves, + It is thought best by the committee, as the inhabi- tants of New Mexice and Upper California are made | up of persons not aequainted fwith legislation, to give them the first form of legisiation —leaving it to time to ‘The only restriction upon their legislatures is, that they sball uot pass laws upon certain specified subjects, This scheme, then, so far, is upon the principle of pon-intervention. ‘ibe bill which the select committee of eight report- ed yesterday, establishes governments in the Territo- ries of Oregon, California and New Mexico, chairman, (Mr. Clayton.) on reporting the bill, stated that it hed been agreed upon by the committee, with great unanimity; and we understand that the commit. tee were Unanimous in the report—one member from @ Northern and one from a Southern State. having re- served to themselves the right to act as they may be advired upon more perfect consideratio ‘The bill (of which we have been unal cop)) is substantially as follows :—It establithes @ go- vernment in Oregon, substantially as provided by the Dill lately before the Senate, whieh was referred to the select committee. It is, however, jaws of the provisional government of Oregon in force until after the organization by Congress, when rgislature of the territory are authorised to con- tinue cr repeal them, as they may see fit. Califernia is organised by the appointment by the governor, secretary, three To understand dental enpente sball annually ac sury of the United States for the m aforesaid +um shall have been expended. And be it further enact #8 of the United States aro hereby ex- tended over and declared to be in force in said terri- tories of California and New Mexico. go far as the sume, or any provision thereof, may be applicable Sec. 36. And be it further enacted. That the Presi- dent of the United States, by and with the advice and consent of the Senate, may, at his discretion, appoint for and within the territories agents, not to exceed six; faid rume pay, disebarge the rame dutic the rame restrictions and liabilities as Indian agents | now are by law; and that the laws regulating inter- courre with the Indian tribes now in fu extended and be in force in said territories. tions, and caures o! ‘That t*e consti- Jaws in foree within th at tho tine this act shall go into operation. Sec. 16, And be it further enacted, That all justices of the peuce. constables, sheriffs, and all other judicial and ministerial officers, who shail be in office within @ secretary, to be the limits of suid territory when this act shall take eficct, shall be, and they are required to continue to exercise and perform the duties heir respective offices as officers of the territory of » temporarily, and until they, or others, shati be duly sppointed and qualified to fill their plac: mabnor herein directed, or until their office: reby, authorized and ny number of Indian ents to receive the #, and be subject to various formes. with the constitution Indian affairs, bundred dollars. Seo. 17, And be it further enacted, That the sum of five thoueand dollars be,and the same is hereby. ap- prepriated out of any moneys in the Treasury not otherwise appropriated to be expended, by and under the direction of the esid governor of the territory of Oregon, mn the purchase of a library, to be kept at thi seat of govetumeut for the use of the governor, legis- lative artembly. judges of the supreme court, secretury, mar: bal, and attorney of said territory, and such other persons, and under such regulations as shall be pre- scribed by law. tec. 18, And be it further enacted, That when the | Jonds in the said territory shall be surveyed, under overnment of the United ibg the same into market, sections numbered sixteen and thirty in each township in said li be. and the tame are hereby, plied to schools ia and Territories hereafter to ripen them for the other. of some of the Leading Journals on the Merits of the above BILL. (From the New York Tribune. SLAVERY EXTENSION—THE NEW DODG of the territory; annually, a sufficient sum, to be expen retary (of the territory, and upon an mace by the Secretary of the Treasury of the United States, to defray the expenses of the printing of the laws, and other incidental expensos; and the secretary of the territory sball annually account to the Secreta- | ry of the Trevsury of the United States for the manner | in which the aforesaid sum shall have been expended, See 28, And be it turther enacted, That, from and 1 that part of the terri- ed New Mexico, acquir- ed by the treaty of peace. friendship, limits, and settle. ment between the United States of America aud the Mexican republic, concluded at Gaudalupe Hidal- £0, on the second day of February, eighteen hundred and forty-cight, shall be organized into, and consti- tute a temporary government. by the name of the Ter- ritery of New Mexico: provided, that nothing in | this "act contained shail pair the rights of the Indians in raid “Now you seo it, gentlemen, an centleman ten dollars he can't tell which thimbie the little joker's hirk, dodge, palter, shuifle—: game of the siavery extentionists, in view of the arousing spirit ot the free North with regard to We regret that the names of uel S. Phelps are convected It will not render them now you don’t; T'll bet any ich is the latest the direction of the preparatory to bring free or slave seil, John M, Clayton and § with the new compromise astage of this act, e United States ¢ Tane; enacted, That no member legisintive ascmbly shall hold or be appointed to any office which shall bave been created, or the falary or emoiuments cf which have been increased, while he was a member, during the term tor which he was elected, and fer one year after the expiration of uch term ; and no perron holding a commission or appointment under the United States, except port- masters, shail be a member of the legislative assembl. or shal! hold any ofiice under the government of sal ritory. and im the Stat be ereeted out of the same. See. 1¥. And be it ferther enacted, That, tempo- rarily, and until otherwise provided by law,’ the go- yernor of said territory may detine the judicial districts of suid territory, and assign the judges who may be aypinted for said territory to the several districts, aud also appoint the times and places for holding courts in the several counties or subdivisions in each of suid judicial districts, by proclamation to be issued by hits’; but the i@gisiative arrembly, at their first or any subsequent se-sion, may organize, alter, or mo- diy Fuch judicial districts, and arrign the judges, and alter the time and places of holding the courts, as to them shall seem proper and conyenient, And be it further enacted, That the sum be, and is hereby, appropriated irection of the President o nt for the services and ex- of soch persons as have been engaged in con- communications to and from the * authorities of the ted States, and the purchase of presents for such of the Indinn tribes as the peace country requires, 21. And be it further enacted, That, from and that part of the terri- called Upper California, he great question and the only question at issue, is—Sbail slavery (that is, the system of laws which | ize aud enforce the right of one man to own planted in the new territer dit could be planted in Or n the Oregon bill by the propaga « feint, intended only to cover and aid the | attack on the real point in dispute, does not propore to settle the xreat question, bat re- mits it entirely from Congress to otber tribunals—from two hundred ‘and ninety men chosen by the whole people and directly responsible to them, to seventeen nen sppointed by the President, proval. 2nd responsible only toh nobody. We protest against this By the conquest of New M slavery either has or has not pour itself without restraint, and find no limit bu’ Pacific Ocean, We say that it has acquired no rig toa single foot of the new territory; the South avers the contrary. We press Congress for a decision, and it is Instead of deciding, Congress undertakes to run the matter through so many different crucibles tablished and that inve- terate old rascal, Nobody, be alone responsible for it, Congress is to pass no act or clause inhibiting slavery in the newly-acquired Territories, aud is to tie its hands any. The South at once claim this as permission to carry slavery into those A Governor and three Judges are to bo pounders in each Territory —said governor and judges being appointed by Polk, and of course chosan from among the most determined, | wily and unscrupulous chawpions of slavery exten- pretend to doubt how they will It will suffice for them that mended s0 as to leave construed to ron or property now pertaining to territory, so long ax such rights | eholl remain unextinguished by treaty between the United States and such Indians; or to affect the au- thority of the government of the United States, to | any regulation respecting such Indians, their | property, or other rights, by treaty, law, or oth- erwise, which It would have been competent to the governnient to make if this act had never passed: And provided further, That. nothi li be construed to inhibit the government of the d States from dividing said territory into two or more territories, in such manner, and at such times, ‘ae Congrers shail deem convenient and proper; or from attaching any portion of said territory to any other State or Territory of the United States, See. 20, And be it further enacted, That t tive power and authority in and over said territory of New Mexico sball be vested in a his office for four years, an eball be appointed and qualified, unless sooner remov- ed by the President of the United States. nor sball reside within aid territory, shall be comman- der-in-chief of the miilia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; be may grant pardons for offences ayainst the lawe of raid territory, and reprieves for of- fences ngainet the laws of the United States, until the ident can be made known thereon; shall commission all officers who shall be appointed to «fice under the laws of the tard territory. and shail re that the laws be faithfully exeouted. 0. And be it further enacted, That there shall of asid territory, who shall reside there- « office tor four Yeurs, unless sooner re moved bythe President ot Uh and preserve all (he istative arsembly Now the new bill | President and Senate, of Judges, a district attorney, aot a marsbal. nor and judges to constitute a legislative council, and to pass such laws as they may deem necessary ; but they are probibited from legislating upon slavery, to establish a form of religion, to incur debt upon the territorial faith, or to primarily dixpose of the soil. ‘Their laws are to be submitted to Congress, and if not | approved, to be veid,. There ix to be an appeal from the rritorial courts to the Supreme Court of the United States, in the ame cases as fom the cireuit courts of ¢ United States. New Mexico is the same in all respects, except izes aro to be appointed for it. ‘The laws and constitution of tho United St aid territory sball ict courts, proba the territorial lav sideration (it. if the Constitution had not contained the clause cr reeaptios in the Unien would have been at liberty to by clared free all runaway tlaves coming within its limita, and to have given them entire immunity and proteo- tion against the claims of their masters. ‘The true construction of the Constitution is, that implied powers can only be exercised im varrying into eflect a tpecitic power. tito suck measure ae shall be appropriate to th ‘his is an admitted and safe rule of coustruc- It is believed to be the oaly one which has been sanctioned by statesmen and jurists, Powers exercised beyond this are not derived from the con- stitution, but must depond upon an unlimited discre- ‘And this is despotism. Now, there is no specitic power in the constitution, which authorizes the organization of @ territorial & Such a power was given in relation to the ith the Senate's ap- -most of them to 0 and California, in this act contained quired a right to of ten ‘hou: and doll to be expended vnderthe d the United States, im pay are extended ery will fivally quictude of the This important bill is ordered to be printed, and will be taken up at an early day by the Senate, We under- stand that it has already found much favor with that body, and it 18 supposed will pass the Senate by a pretty strong vote, [From the New York Express. ‘ _ The Senate of the United States now has before itasgrave a subject asever agitated a deliberative tis, the incorporatio be decided whether or not the in- stilution of negro slavery, first existing on the Atlia- tie sea board, shall now be extended to the Pacific resent Lo eXpress & . opinion Upon for it requires more judy than wo Dave at present time to give it. and first > what bave been the decisions of the Supr me Court of the United States upon this, or kindred s 51 jects. The Supreme d under this bill, is to be New Mexico and California, subject, however. always | tion of Congre the slave States, and four fre not to be supposed, however, that so august » anal will beawerred an inet nal duty and ¢ nevertheless, wot worth th ter of its ecmporitior overnor, who shail until his successor the passage of this act. toricy of the United Stat acquired by the treaty of peace, friend-hip, limits aa reitlewent between the United States of America and Ue Mexican republic, conciudedat Guadalupe Hidal- £0. on the second day of February, eighteen hundred nnd forty-eight, shall be organized into, and constitute government by the name of Califor. ‘ovided, ‘That nothing in this act contained shall be construed to impair the rights of person or property now pertainingtothe Indians in said terri- ch rights shall remain unextinguish- treaty between the United States and thority of the government of the United States to make any regulation . respecting stich Indians, their lands, property, treaty, jaw or otherwise, which competent to the government to make if thie act had nover parsed ; And ptovided, further, That nothing in this act contained shall be construed to inhibit the nt of the United States from dividing sai err tory into two or more territories, im such manne: pd at such times, as Congress shall deom convenient any portion of eaid orrivory of the United against passin, kn UDEQUiVOE: the law makers and law ¢ o, or where the debt or ad District of Columbia, regard to other territories, But if this power be tm. pled from the «pecito power given to regulate the of the public land: above rule, be limited to the means suitable to the end in view, If Congress go beyond this ia the or- ganization of a territorial government, they act with- out limitation, and may establish ® monarchy, Ad- mit that they may organize ® government, which thall protect the lands purchased, and provide for the tration of justice among the settlers, it d ries, in whieh it is construe the Constitution. the “ Resolutions of ‘08 don’t even name * niggers,” to prove conclusively that slavery ought to exist any- But an appeal may by taken to the Supreme Court—a body in which there isa clear majority of slavebolders, without counting the dough. faces. Who comprire nearly all the residu accept the arbitrament of this utterly i notoriously one-sided and very limited body— p ne tlaveholders, and eight of the nine partivans of doughface for P'resident—in place of Congress, of two hundred and ninet equally divided in politics, a majority from the tree | States, and nearly all immediately dey The substitution is not xt all “But you don't mean to say that the Suj would worp the laws and misconstrae the are not prepared at Writs of error, Mr. Clayton’s bill— where and for ever. diane; or to aft De a seoreter: or other rights. by it would have been by Jur; ir the 8 follow that they may ‘This is a relation which must be created by the local It isa municipal regula consists of flv in the free States, ys of the gow mombers, about | a it ism domestic relat | vernmert can exereilee no control, And, 8OOVO woty on of slavery is not wi hin any taplion- drawn from , the laws and one copy of the +xeoutive proceedingson ) of Deccnber in each year, to the or before the first oy from attachin _— on the ry to any other State or y disguise the local | the imstrt cf the lave tot « shel! have and Vuat tho exe. TWO CENTS. duty to decile by the precedonte efits pred: ceseors, which are its common law One Washing: ton corresponéent. who is well informed of the opiniom of leading Northern men, of the court extattich froodom where freedom exirte—and there ts rearon to coineite with him in the opinion. beonuse Mr. CaThoun wished to establrh in New Mexico and California a local federal tribunal su- pericr to all wuthority but ite own, and beesuve he re- tisted to the last the writ of error fromt ¢ local court upreme tribunal, Under this bill, then, if & 40 happen that the coarts constituted by the bill dent, by amd with the advice and con- rept of the Senate, is to erente) decide to estabiish slavery in New Mexico and Cetifornin, then there ix am rppeul to tho Supreme court of the United States, and it they reverse the decision, slavery canact exist. Meany hile, Con the Wilmot Proviso” when it wit, or to establish aay undamental laws question then arises for the practical mind! to Cecide—wnd this is a world which pructice, not theory, rules—whet ber it in best for Congress to adjouta ant to leaye thin 8 im staru Adjouroment leaves op: Californix to the invasion of slavery. There ix no Law at prerent there to keep slavery out—and ifan attemps was made to eject it, it ix not probable that United States officers. under the direction of Mr, Polk, woutd aid in the ejection, Slavery thus, before another Con- vrevs meet, can be establishing and strengthening itself exieo and California But pass M _ . and if the attempt is made, « case is fmm the Supreme Court, aad if that dee! tes us that the pre sk has allits paosent powers to enaot itation ix needed ; or if It be Jongress will be just as potent to legislate next year as it will be if it adjourns now, and does nothing, But the whole sub us to pass a dec With recommending to the attention of our readers, all that is said and written, as to which we shall keep them fully informed {From the New York Journal of Commerce } jvct is too grave, too complex for 1 upon, just how ; and we close NITORIAL QUESTION. 4 enate committee of eight on Slave holders and non-slave bold: -right com- ast are inclined to nd all other localities whieh OVE BLAVERY. ional Intulligencer, Dec» 29.) WER TO INSTITUTE staveay? ticle of the constitution declares slative powers herein granted shall dina Congress of the United States,” &c. ‘This limits the legisistive action of Congress to the subsequently enumerated powers. In the eighth section of the first article of the con- stitution it is declared that Congress shail have power “to exercise oxclusive legislation, im all cases whatso- | ever, over such district, not exceeding ten miles square. as may by cession of particular States, aad the acceptance of Congress, become the seat of the govern- ment of the Unt thority over all places purchased, by the consent of the legisiature of the State in whieh the same shall be; fir the erection of forts, magazines, arsenals, dock- yards and other needful buildings.” Under these provisions the cession of the Distriot of Columbia was made, within which territory slavery | has been long sanctioned, so that the power of Con- gress to institute it within the District did not arise; | and no one, it is supposed, would contend that witain | the cession’ of a non-slaveholding State for forts, &o., Congress could establish slavery. In no part of the constitution are slaves named or referred to aa property, they arc designated as persons. In the second section of the first article, which ap- | portions representatives and direct taxes, the words * three fifths of all persons” includeslaves. They are referred to in the ninth eection of the same article, which declares that «tho migration or importation of | such persons as any of the States now existing shall | think proper to adinit, shall not be prohibited by the | Congress prior to the year eighteen hundred and eight,” and also in the second section of the fourth article, in relation to fugitives from labor. In no other part of the constitution is there any reference to Iu the third section of the fourth article itis de- at Congress shall have power to dispose of alt bey, rales oe Fhioasing tot ae the territory and other property belonging to the Uni- ted States, The power here given is limited to t! regulations of the property of the government, s1 may be exercised a8 well within a State as a territory. It gives no express power to institute a territorial £0- verbment, or to adopt regulations beyond the speoiti objects of his grant, Congress are authorised “ to dis- nore of ? the territory [land] or other property. Po. itical power is not, it would seem, within ‘This is considered too clear to be controverted. ‘There is no sacrifice power given to Congress, in the Constitution, which authorizes the establishment of a ment, except that which relates to xl States, and to exercise like au- the grant, ; and this fact ‘The relation of master and slave is dependent upon the local law; and when the slave escapes, by aay means. to a State where such relation does not exist, he is free, unless under a general law he may be re: ad by the master The slamation of fugiti of the Union on this subject. There is no principio in the laws of nations, nor in the common law, as betwoen soverciguties, which authorizes a reeaption of « fagi- ‘These principles will not be disputed by any one who has examined the decisions of the Court of the United States. nder the articles of Confederation there was a pro- for the return of fugitives from justice, but im regard to absconding sia therefore, no obligation on a free St ed by its own laws, to deliver up @ slave; nor were there avy legal means through which th ‘The inconvenience and collision which frequently arose trom this state of things led to the above provision in the Constitution. ‘The power to institute slavery belongs exclusively to the community in which it exists, Im the leuguage of Chief Justice Peters, 508, x State bas it will or will not permit slaves to be brought within avother State, either for sale or aa; and also to preseribe the manger aa mede in which they mine their condition a cannot be controlied by Congress, either by virtae of its power to regulate commerce, or by virtuy of any other power conferred by the Constitution of the Uai- P- titution, which author 4 from Ixbor, is the Law ‘There was e, unless impos- inaster could claim in Groves vs, Sisaghter, 15 ight to decide itself whether be introduced, and to deve 1 treatment; and this action And in the case of Prigg ve. the Commonwealth of Pennsylvania, 16 Peters bil, the Supreme Court says: he state of slavery is dev ed to be @ mere municipal upon, and limited to the range of and “it is manifest from this con- non-slaveuolding State de- And this imptication is limit- and it was equally necessary in must, ander the stablish Slavery mo of limited y, of am equally limite n, over which the: f