The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-03

without such laws than with them Now, sir, my in
curry Of The senator from Vermont was simply as to the
effect OF this bill desired him 10 inform whether,
IN his opinon the twelfth secon OF 1t would prevent the
territorial legislature from passing such laws would
deter or punish the crimes have referred TO.
May not the prohibition in this bill the territorial
legislatures passing any laws respecting slavery be
construed to be prospective notification OF such neces
sary patrol laws, and of special laws for their trial and
punishment for venal and other offences and laws to
prevent abolition, sedon and incendarlsm from exciting
to revolt! am told not, and that the authority to pass
any law for the administration of justice, and the employ
men OF the term slavery in this BILL refers only 10 the
establishment exclusion of the institution merely, and
cannot prohibit such necessary laws respecting slaves
those have mentioned if, under the constitution and
laws Of the United States, the institution already exists
there. The senator from Vermont Mr. PHELPsl does
rot however, concur IN this view, but regards the proh
bton in the bill as covering the whole subject [ do
not feel entirely the construction which NAV
be given this bill by the territorial judiciary and after
the Supreme Court by that court feel less secure
when consider that future Congress, If such con-
strucon should be in favor of the power to pass such
laws, may overturn it by another act The South are
justified under the circumstances to ask for declara
ton that the equal rights and interests of the citizens of
the savehoding States in the Territories and to emf
crate to those Territories with their properly should be
inyiOlate from congressional and territorial legislation
clause should be inserted similar that contained in the
Oregon bill reported by the Judiciary Committee Of this
body February TO- 1917. That declaration, which drew
after consultation with senator's TO whose judgment feel
bound to defer is in the twelfth section OF The bill then
reported. and is in these words After continuing the
provisional laws till the end of the first session OF the
legislature, and no longer, it provides
"That provisions Of such laws, Of any here
shall be construed restrict citizens OF any of the United
S,aes any territory thereof from emglang with their
holding and possessing their properly therein and fully
participating in all the benefits, advantages privileges. and
such property, equal footing with citizens of any of
the United States and all laws and Of laws which
shall operate in restraint Of dcrmen to- the full enjoy
Of such rights, hereby declared be null and
void The laws tho United States hereby extended
md tn in in
the any provision thereof, mag be applicable"
If this is not conceded. why not let the whole question
be untouched and the powers OF the Territorial legisla
ure and of the rights of those interested under the laws
of nations and the constitution of the United States left
to the ordinary of judicial decision! should not
have any objections to such course and indeed prefer
all others suggested except that adopting the decara
tive guaranty have recited, which might against
future agitation ta
renced judgment Of the distinguished southern senators
who advocate this bill it is, and especially TO that of
the distinguished senator from South Carolina Mr. CAL
HoUN,] who was member OF the select committee that
reported ito foreso all these objections That senator,
former occasion observed on this floor is looked
10 by the South its oremos! champion this delicate
subject, and as then declared, when may doubt, con-
to be duty 10 follow the path in which he leads
and especially ifas in this instance-his views
Cured BY most others from the could
this when the duess OF different opinion was stronger
than in this and yet feel that had discharged my
responsibility to my State faithfully. But when wit
senators from Connecticut, [Mr NILES and Mr.. BALD
VIM and the senator from Ohio, lMr CoRwIN,] and
others on this floor and elsewhere. who are known
to be hostile to the South in sentiment and policy
on this enthusiastically opposing this bill, can
hesitate no longer, No personal disrespect is in
necessary but make i, 70 prevent possible mscon
struction) -when say that could not justify to those
represent being found with them in such ,oppos-
recognition OF all that the South claims Some urge
this bill compromise; and othsrs say il is the best
the South can GET and is the only alternative against
al hy 10th hous reof
other measures, more injurious to the rights and inter
ests, and offensive to the feelings, of the South
me- do not feel that have ever been empowered by
the people OF my State compromise their constitutional
rights quite certain the people of these Territories
never invested with any such power and that they
never have been in situation to do il. Further,
frankly say that for one DO not apprehend any very
coas Sss q es win ns South s SS m
sration is in power for have no doubt the present
Executive would promptly veto tina, exclusion however
gotten up chiefly by politicians. and will last till the
presidential election is over, and then give way to
some other electoneering caprap to be used in 1852
have too much confidence in the Masses in the great
body of the American people, to believe they will not
sle it; and it should seriously threaten the Union
feel assured in the end they viii do what is right In
given to by its southern friends here and upon consid
Grafton OF what they held its effect is, and what its effects
Will De- and though am somewhat t DUBIOUS IN my own
stated. if should err wish it understood, claim
exemption for full responsibility for such vote. have
reviewed the subject calmly and deliberately, and feel
that to pertinacousy adhere to my views would be
Justly regarded self opinionated, and subject
70 the charge OF being obstinate and impracticable
My State sir, stands here differently from any Others
except perhaps Texas and Arkansas. She is con-
tending for PRINCIPLE only She is resisting outrage
and insult upon the Soulh attempted wantony, but
which, if carried out, would really jure her pre-
sent and temporary Interests, not political, less than
those of any other southern State Florida needs additional
agricultural labor Half million more of slaves
could be sustained and advanageousy employed within
her limits in the cultivation Of tobacco rice, cotton
no other part of the Union produce Were she sell
6shd she not adhere TO principle. and disregard her
present temporary interests she would seek TO sle all
ripdiry, bar all competition to slave emigration, and
let this exclusion be male to all these Territories As
TO Oregon, but for the prncpe should take about
much interest in Wmo Provso" laid by law upon the
territories in the Moon when laid on that cold region
where, il you to take southern negro, he would
very likely freeze death the first winter California and
New Mexico may be adapted 10 slave labor; but il
not the attempt by the slavehollng States mould
their destiny by laws and provisos, in derogaon of
southern rights should be resisted, it will be resisted
by the united South Ii these Territories not fitted for
slave labor there is necessity Tor the exclusion; and it
should be opposed grauitous and wanton-as a
called for outrage. But sir this measure, if not
presidential electoneering scheme only be under
stood, as have said, the entering hedge to more
rous attempts upon southern institutions II may be the
wooden horse, filled with armed men that TO sack
IIium. If successful, we may next other measures
and other schemes proposed, of fatal effect, and d.
rectly assailing southern institutions in the States
Shareholders may be prescribed from any participation
in the government of the conederacy II this contest
the next presidential election will become