New York by James Fenimore Cooper
page 23 of 42 (54%)
page 23 of 42 (54%)
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jurisdiction, to say the least, and really does not seem worthy
of a serious reply. The territory of the United States is strictly subject to the Government. The only clause in the Constitution which refers to this interest conveys that meaning. But, were the instrument silent, the power would remain the same. Sovereignty of this nature is not determined by municipal law, but by the law of nations. Thus, for instance, the right to make war, which is inherent in every state of FOREIGN RELATIONS, infers the right to secure its conquests; and that clause of the Constitution which declares that the war-making power shall abide in Congress, says, at the same time, by an unavoidable implication, that the national legislature shall have all authority to control the consequences of this war. It may dispose of its prisoners and its conquests according to its own views of policy and justice, subject only to the great principles that modern civilization has introduced into public concerns. One can understand why a different theory is in favor at the South. It would be very convenient, no doubt, to the slaveholder to be permitted to transfer his slaves to the gold diggings, and gather the precious metal in lieu of a crop of cotton. But this, the policy of the whole country forbids. Congress has very justly left the decision of this very important matter to the people of California itself; and they have almost unanimously raised their voices against the measure. This, after all, is the really sore point in controversy between the South and the North. The fugitive slave has been, and will be given up to the legal claims of his master; and, in a vast majority of the people of the |
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