The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-18

SlAteB al The adoption Of the con-
su'uuon 10 the case OF ordinary copartnershp into
whch TWO or more persons had entered for the purpose
OF promoting, by lawful means, their mutual interests
snppose N me course OF their mutual exertons sacr-
nces and abors they acquire land by purchase or in
payment OF debt due to the copartneis Contracted in
the course OF the partnership transactions there man
so uead % an me feelings and suggestions of reason and
above all to the eternal principles Of Justice equity and
morality as 10 contend that one or more of said partners
would be at liberty and have right to the full and I'M
interrupted enjoyment OF the land thus acquired and that
Inc Diner partner or partners should be excluded from it.
contrary TO- and in violation of the original articles
OF coparnefship or compact between them' And yet
lns = ns precise Monsosy in law equity justice,
nave fallen who contend for the power in the general
government to exclude slaves, as property, from
ntory acquired by the United States | know dis.
tnction has been attempted to be drawn, of late be-
tween territory where slavery at the time OF &C.
QUESTION: and that where il does not. But they cannot
TO the United States with view to promote the interests
OF any portion Of the people of the United States and
to Prejudice or exclude the rights of other citizens
of the United States The foundation of our system, and
OF every system Of free government equality of rights
This distinction. whether true false real or imaginary
has nothing to do with the question: The true question
at the time OF its acquisition but what powers the gov
eminent Of the United States can exercise in regard to
It after It is acquired The title TO the territory vests
in the United States, and they dispose of in the
same manner, and under the same rules and regula-
tons, that they dispose of other property belong
ing to the Limited States Inc only legitimate object
new States We cannot, according to the provisions of
the constitution, the and genius of our nstitu
tons, hold II as provinces. The colonial system was
in the contemplation of the trainers of the cons
tuition, and is not only not contained in any OF its pov
sons but is at war with all ts fundamental principles
Such system would tend with inevitable certainty to
vast and dangerous increase of executive power and
might in the end, overshadow the rights and indepen-
dence Of the States, and subvert the government, and
would live, and move and have its being in executive
power and patronage, and would end in the destruction
OF liberty am not ignorant that doctrine different
serted IN an imposing form, and in some sections
| OF the Union to considerable extent. Great and
intelligent communities. speaking solemnly through
their assembled representatives, have asserted the
power to be in Congress- and called for its exercise
to exclude, by a fundamental law, slaves prop
erty from all territory TO be hereafter acquired
shall not attempt to investigate or to answer the
arguments by which they arrive al this conclusion
have no doubt they are sincere in the entertainment
of these views Somebody has said that when man is
determined to believe the very absurdy Of the doctrine
confirms him in the faith. leave them to their refec-
btons, and appeal to the law and the testimony con-
suit the constitution, and fearlessly that such
doctrine has support, either in the provisions spirit
OF that instrument, or in the more enduring and eternal
principles OF equality and justice. warn the advocates
THIS doctrine advance that they are contendng for
principles destructive of the OBSERVATION-DISCLOSURES OF
the rights of the southern Slaes-destructive of equality
among the citizens OF the United States and that this
Union would not survive the establishment of such
doctrine hour.
| have listened with apprehension. not unmxed with
Indignation at the GOODNESS and complacency with which
gentlemen from the free States speak of the institution OF
slavery 1t exists uLde the guarantees OF the cons
tuhon, III some OF the States OF this Union. After fell
cltatng themselves with more than Pbarsaical rig ht
eOusness, that they arc not as other men,, they in
spirit of amazing condescenson and kindness, chartably
assure they will not interfere with slavery now
scorn to accept the charitable donation reject the prof
feed boom Sir the people of the savehodng States do
not hold their rights by tenure ra and uncertain
the will, or the forbearance the CONCESSIONS OF the
| pratuIfv a Congress- They derive them
from higher and purer They derive them from
the constitution; and highly they venerae that in
full enjoyment of these rights they will longer con-
slider it worth preserving. These, sir are some of my
views in regard to the principles involved i'll the three first
resolutions Before took my seat in the Senate at the pres
ent session, the honorable from New York Mr.
DrcKINsoN] had introduced series of resolutions
bracing to someperhaps to the whole extent-the prn
cpIes involved in those which, at later day, had the
honor OF submitting to the Senate Anxious, far
OF proprety and the paramount obligations of duty
would enable me 10 do so, to avoid the introduction o.
topics which might subject me to the impuaton of being
influenced by sectional views and local considerations
examined the resolutions brought forward BY that honor
able senator with great care, and with sincere DESIRE II
could, according to the dictates OF my best Judgment
upon the principles of the constitution and the rights OF
the people. agree with him. After the most thorough
examination OF his resolutions, and with entire respect
for him. have found myself utterly unable TO do So
therefore brought forward the fourth resolution, which is
exactly antagonistcal to the resolution of the senator
from New York. His resolution is in these words;
for territory belonging the United States the principles
selfgovernment upon which ederative system
wilt be best promoted the true spirit and meaning OF the
be observed and the conederacy strengthened
by leaving all questions concerning the domestic policy
therein TO legislatures chosen by the people thereof.
Now, although this resolution does not assert the
power OF the government in positive TERMS It is evident
intended convey the idea that the territorial legis
aure chosen by the people and of right ought to be-
the exclusive judges of all questions OF policy arising IN
the territory The correctness OF this position deny to
the whole extent The people OF a territory belonging
to the United States possess other rights than those
which belong to all unorganized communities or bodies
of men, which flow from the laws OF nature, except
those which they derive from the United States and un
less can be shown that the constitution authorizes Con-
gress impose limitations and restrictions Hpon them in
regard slavery, they cannot derive that power from
Congress- But do not consider it necessary discuss
this question, the still graver one whether Con
gress has power to establish Territorial governments
at all Although | admit, if this was new ques-
ton presented for the first time, should be al loss
from what particular clause, or provision, or prn-
cple of the constitution, to deduce it. And. in re-
fleeing upon this subject, when these resolutions
were brought forward | stated to an honorable
friend me- whose friendly intercourse and confidence
is my good fortune to enjoy, my doubts or convic
tons upon this subject but said would not disturb that
question when there many topics OF agitation
and disagreement among the people of the United States,
who ought be bound together by the ndssolube ties
of iraerna feeling and good ellowshp but would leave
to the uniform, unbroken practice OF the government
for fifty years. There ! am willing to leave L. Stare
decisis. But to return to the people Of Territory