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New York James Fenimore Cooper

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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.

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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[7] ; 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 North, there is no disposition to disturb the legislative compromise that has been made of this matter. It is true that the North still owes the South a great deal more, though it may be questioned if the machinations of demagogues and the ravings of fanaticism will permit it to discharge the obligation. Penal laws should be passed, punishing those who meddle with this grave interest out of the limits of the State in which the parties reside; and energy should be shown in rendering such an act of justice effective and sure. Good-neighborhood, alone, would exact some such provision from every well-disposed community, and there cannot be a doubt that good policy coincides. The abolitionists, beyond a dispute, have only had a tendency to rivet the fetters of the slave, and to destroy the peace of the country. Emancipation has not been extended a single foot by any of their projects; while the whole South has been thrown into an attitude of hostile defiance, not only towards these misguided persons, but to their innocent and disgusted fellow-citizens. There might be a hope that the well-intentioned portion of these people, and it is both numerous and respectable, could be induced to adopt a wiser mode of procedure, were it not that dissolute politicians, who care only for the success of parties, and who make a stalking-horse of philanthropy, as they would of religion or patriotism, or any other extended feeling that happened to come within their influence, interpose their sinister schemes to keep agitation alive for their benefit. This, then, is the actual state of things, as between the North and the South; and we will take a hasty view of its probable consequences on the growth and commerce of the towns at the mouth of the Hudson.

 
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