Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1848-11-30

point. Ills position, tllat the law 0i the cede0
or conquered territory remains in force until al
tered by the conquerng or succeeding power, is
now, ] believe, the received g. acknowledged law
of the civilized world, and is questioned by no
competent lawyer.
The next principle upon which rely is equal
" well settled, and is, believe, controverted by
nobody-that slave taken from community
in which the institution is recognized, into a
community where it does not exist, becomes by
the transition free.
Mr.. BALpwIN.-The Senator from Georgia
understand to deny the position.
Mr.. PnELPs.--I did not so understand the
Senator from Georgia. He says that the Const.
tuition Of the United States places this upon a
different footing. That position shall advert to
presently.
Well, thus far, believe, there has been con-
currenco on both sides of the chamber. If de-
sired judicial concurrence, have only TO go
TO Louisiana, the very centre of the slave popu-
lation, where find decisions going as far as any
to sustain mo on this point The people of Lou
isana, deeply interested as they are in this spe-
cies of property, with every inducement on earth
to bias their judgment, through their judicial
tribunals coccede this doctrine. | think, then,
that am relieved from the necessity Of all ar
gument on this subject. Now, after having ad-
vanced this argument 10 the Senate. and found
myself sustained fully and absolutely, by gen.
tlemen on all sides around me, | am somewhat
surprised when | am told that this bill carries
the institution of slavery into these Territories,
and puts an eternal prohibition upon its exclu-
sion there. Upon what principle is such an as
seriion made? listened to the arguments Of
the Senators from New Hampshire and Name,
and found that they concurred with me fully, as
they travelled over the road along which had
journeyel, but found, to my utter astonlshment,
that when they had come 10 the conclusion OF
the whole matter, they had, unaccountably to me,
shot off in an unexpected direction. How do
these gentlemen make out that this bill carries
slavery into these Territories? Is that the le-
gitimate result of the doctrines which have sta
ted 2 How do gentlemen prove that, in carry
ing out these doctrines to their legitimate CON
clusion, have abandoned my former professions
and subjected myself TO the charge Of having
concurred in ga lodging, skulking, evasive bill,
with a cowardly visage"?
Sir, if | were to give a definition of q coward
in relation to this matter, should define 1t to be
one who abandons his principles for fear of pop
ular clamor | should define it to he one who
departs from his own convictions, lest some body
who does not understand the subject, or who does
not choose to understand it, might raise cry OF
disapprobntion in some quarter should define
it to be one who avails himself of the excite.
ment upon this subject, and through its aid Sc
cures election to office. The man who acts the
part Of political weathercock, by indicating the
slightest whlile in the political wind, trembes
at the least indication Of popular excitement and
is paralyzed by an opinion which floats to him
upon the atmosphere of some bar-room discus
sion.
know not what other men may think on the
subject, but in the discharge of my duty here if
| thought could depart one lola from the doc
trnes which have advanced with view to eff
feet decision at the ballot box, my own coustit-
uents would, in their deliberate judgment, adj
minister a rebuke never to be forgotten. know
them too well to imagine that they will ever find
fault with strict adherence 10 duty, on this or
any other subject, upon the part OF their repre-
senatlves. have no hesitation in trusting my
reputation, my standing, and my political exist
ence to the deliberate Judgment Of that people
But never will jeopardize their integrity or my
own, by yielding to momentary impulse, which
may mislead them as 1t has misled others.
To return TO the course Of argument which
was pursuing. What are the provisions of this
bill in relation to Oregon? The people inhabit
ing that territory, from the necessity of the case
have adopted what they call provisional laws
they are subject 10 our control. For the present
we give validity to these laws by our approba
ton. Now these laws exclude the institution oil
slavery entirely from that Territory. But it i;
said that we have provided for a Legislative pow
er which may alter them with our consent. How
could we do otherwise But here a plea If
abatement is put in. 1t is said that we have pro
vided that the laws shall remain IN force for three
months after the commencement of the first SEES
sion of that Territorial legislature. Suppose
they choose to continue those laws in force p
They may re-enact them. But, say the gentle
men, you should have provided that the law
should remain in force unless repealed. Wha
difference does 1t make? If we suppose the lc
mic of tba
those laws, why, they are competent to repea
them, and conuerso; if competent to repeal
they are competent to re-enact; and do no
know that the difference is very important be
tween providing " Be it enacted, that a certain
law passed so and so, shall remain in force unit
the future action of the legislature" and provi
ding " Be it enacted, that such law shall be il
: force no longer unless it shall be the pleasure
o. the legislature to continue it." think tn
power to do one thing is competent TO do tn
other. 1t is the most immaterial thing in tn
world, in my Judgment and before would ha2
ard the peace of the country and jeopardi2
these bills on distinction like that, THROWN
these Territories out Of the protection of Law
| can only say, that would select to stutify my
self in some other manner.
But there is another view of the subject NOR
worthy, in my judgment, OF the consideration c
the Senate. | approve OF this provision becaus
l know the people Of Oregon to be of my wa
OF thinking. Having expressed their views, an
believing, without doubt or hesitation, that sucl
would continue to be the views of that people,
, was willing TO say to them, go on and eSclnd
f this institution, as would if ] were among yot
suppose this concession to people whose 0
plnions have already been expressed on this sub
iect, and whose adherence TO them hereafter can
r not be doubted, is to be regarded as "dodgln
and skulking" this question. No man from tn
South has the least expectation that slavery wi
ever get into Oregon. Every consideration fol-
bids IL. Now, whether the territorial govern
ment continue the law in force, according to tn
plan of this bill by ie-enactmenl, or we leave
as the bill stood when printed, in force until re
/ peaed, in either event, the matter is subject {
our control, for they can do neIthe the one thin
D or the other without our consent. And tax
/ the liberty to add, without anything OF the KIN
having been expressed to me, that II the peopl
of Oregon, at the meeting OF their Legislature
should perpetuate thus law, southern genlleme
, would not withhold their acquiescence. The
/ would make no question about it. We had n
{ controversy about Oregon Ia the commitlee.-
, 1t was conceded as free territory. We were al
, Of one mlnd and it would be extremely uuforu
: nate if this criticism Of the bill should destro
r measure upon which, in that committee, con
posed of the ultraslns on this subject, all wer
). SO well agreed. | care nothing about this re
n striction of three months, and for the reaso