New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-07-19
or Mr.. CALHOUN OF ). t.
ON TIE OREGON BILL,
Dellrye3 ~ Ne Seaqle II ne = S'a'e'' 0'7s y

erfr
~ tbe s1biect under consideration. The former
ses,rc no action of tie Government demand no
io,,, to give them any advantage IN the territory
,i,,,t 20 be established are willing % leave 10.
and other territories belonging O. the nited
states open % pit their citizens so long a. they
continue % be territories, and when they cease
20 be So o. leave u % the inhabitants TO form sucD
governments rs might sn.t them. y ithout rest1c-
iion or condition, except thai imposed by the Con
stitutiou. &c prerequisite Tor admission into the
Union. Ia short they willing % leave the wnole
subject where the Constitution and the great ana iunda
mental principles Of selfsoyernmeut place H. On iHe
contrary the n0nslavchOidng states instead OF Deh-
willing 20 cave t this broad and equal ioundaton
demand the intefpcstlon Of the Government and inc
passage oil M act % exclude the citizens OF the save
holding states from emgratng with Their properly mo
the territory order 10 give their citizens ana those
they may permit the exclusive rignt OF SETTING IT.
while remains that condition. preparatory 70 suo'
ecting il % ike conditions and res'rlcons wnen II
becomes state The 18th section OF tnis on Is IN
tended 90 assert and maintain this demand OF the non
slavcholding States while il remains territory not
openly or directly, but indirectly, By extending tne
provisions OF the 1 Tor the establishment OF llt iowa
Territory 20 this and by rsttyng tie acts Of the nOr
nal end sol con ttutcd Government ol oregon winch
among others. contains prohibiting tie lnlroiuc-
ton OF slavery. 10 thus in reality adopts what %
called the W mot prOvisO not only Tor Oregon but ~
the bll now stands. for New Mexico and california
The amendment on the contrary moved by The Sens'
to- from Mississippi near me- OR DAVIS INTENDED ID
states 10 leaves the territory free and open 10 an me
citizens Of the United States. ana would oycrrule y
adopted the act OF the sefcOnstufed Territory OF
Oregon and the 18th section far rs II relates 10 the
subject under consideration. Wchage thus fairly pre-
-enicd tho grounds taken by the nOnssvehOidng ana
the savchOdlng States Of as shall call tncn Tor uc
cake Of brcvity the Northern aud Southern states 10
their whole extent Tor discussion.
The hrst question which offers itself Tor consideration
is: Have the Northern states the power which hey
claim % exclude the southern from cngfallng lfeey
with their property, into tefrionc- belonging % the
United states and to monopcAze them lor their eA-
elusive bcnchtf
Itis indeed a great question propose TO discuss
calmly and i-pass ionaoly shall claim nothing which
does not fairly aud clearly belong 10 the southern
states either as members OF this Federal Mon, or ar
pertaining them IN their separate and ndi'du' cha
ractcr nor shall yield any which belong 10 them 10
either capacity ! Influenced neither uy sectional
nor pafty combinations If know myself would
rcpc AS promptly ana decidedly any aggfc sson ol me
South on the North / would any an me pait O ile
latter ON the former. And LEI me add ] hold the ooh'
CATION rcpe aggression To be not much less solemn
than that of abst8ning from making aggression; and
that the party which submits o. o. Hh"u u can DE re-
sisted o be not much less guilty and responsible Tor
consequences than that which makes H. for do stand
ON party grounds What shall say IN reference 10 this
subject shall cay entirely without reference 10 The
Presidential election hold It % be infinitely higher
than that and al other questions Of the day. shall
direct my efforts TO ascertain what is constitutional
right and lust under thorough conviction that toe
best and only way OF putting an end to TINS, the most
dangerous at all questions tOour Mon and Institutions,
II 20 adhere Iigdly 10 the Constitution ana the dlc-
tates Of justice.
With these preliminary remarks, rccur to the ques.
ton. Has the North the power which II claims under
the 18th section Of this bin ask al the outset "heie
e the pOwer 20 be found Not certainly. m the reld
ton In which the Northern aud southern states stand
10 each other They the constituent parts or mem
bers Of a common Federal Union and As such are
equals in all respects both in dignity and rights as i
declared by al writers ON governments founded on
such Union and az NAV DE inferred from arguments
deduced from their nature and character Instead theh
OF affordng any cOuntenance or authority IN favor OF
the power, the relation in which they stand TO each
other furnishes strong presumption against IT. Nor
II be found IN the fact that the south holds property
in slaves. That too, fairly consdered instead Of al
ordn- any authority for the power furnishes strong
presumption against it, Slavery existed IN the south
when the Constitution framed fully 20 the extent
in proportion their population 1t does at this time
II s the only property recognized by il the only one
that entered into It's formation political element,
both In the adjustment of the relative weight OF the
States the Government and the appOrtonment OF di
rect taxes and the only that Is put under the eX-
press guarantee of the Constitution.
II is well known TO all cOnyersant with the history oil
the formation and adoption OF the Constitution that the
South very jealous in reference to TINS property
that constituted Of the difficulties bOth 10 lis Tor
nation and adoption and that II would not nave assent
ed TO either, had the Convention refused to allow to il
its due weight in the Government or 70 place under
the guaranty Of the Constitution. Nor can II be found
in the way that the territories have been acquired
VIII 20 into particulars in this respect at this stage
OF thssscussion Suffice Il 10 say. the whole was &C
qured either by purchase, out OF the common funds Of
an the States the South well the North or by arms
and mutual sacrifice OF men ana money, Wnch instead
OF giving any countenance favor othe power claimed
by the North every principle oil rsnt ana justice,
furnishes strong additional presumption against It.
But If it cannot be found in either it ii exist at all
the power must be looked for in the constitutional com
pscf which binds these states together IN Federal
Union and now ask be found therei Does that
instrument contain any provision which gives the North
thcpower to exclude the South from free admission
into the territories OF the United States with lis peculiar
property and to monOpolze them for it, owneNcusve
If il in fact contains such power, expressed or
implied it must be found IN specnc grant OF De IN
ierred by irresistible deduction from some clear ana
acknowledged power Nothing short OF the one or the
other can the strong presumption against H.
That there i such specific grant may be inferred
beyond doubt from the fact that has attempted
to designate IT, Instead of that It has been assumed
taken tor granted without particle OF prOOi-tnai Con
gress has the right 70 govern the Territories. Now
concede il does IN reality possess such power may
exclude from the territories VINO or what thty peast
and of course may exercise the power claimed by the
North to exclude the south from them. But again
repeat where l. this absolute power TO be found All
admit there j. such spcchc grant OF power H. then
IL exist at all, il must be inferred from sucn power
ask where is that TO be found The Senator from
Ncw-York, behind me, Mr. (DiN) points to the clause
In the Constitution which provides that Congress shall
have power dispose of and make all necdiul rules
and regulations respecting the territory and other prop
crty belonging 10 the United states Now undertake
to affirm and maintain beyond the possibility Of doubt
that so far from comforting absolute power 10 govern the
Territories il conicrs governmental power what
ever no not particle II refers exclusively 70 terrific
~ regarded simply public lands Every word re-
laics in that character, and is wholly inapplcaOe
to considered IN any other character but as property
Take the expression dispose of with which u begins
f. is easily understood what IL means when applied %
lands and is the proper and natural expression regard
nr the territory IN that character when The object Is 20
confer the right 20 sell make other disposition oi 10
But who ever heard the expression applied 70 govern
mcutf Aud what possible meaning can It have when
so applied Take the next expression, 10 make eli
nccdfu rules and regulations. These, tgMded sclt
ratcly might indeed. De- applicable e. government IN
loose sense but they never applied IN the Con
stuOu ln every where they are used Ia II, Ilty
refer % property % things 10 process, such as
the rules O, Court or OF the House II Congress Tor the
government of their proceedings but never 10 govern
mcnt which always implies persons 10 be governed
But there should be any doubt in this case the words
Immediately following, which restrict them 70 making
"iules and regulations respecting the territory ana
other property OF the United States, must ciectua,}
eNpel Il They restrict their meaning beyond the pos
si0ility of doubt 10 Territory regarded AS property
Buff Il were possible for doubt st o. exist another
aud conclusive argument still remains % show that the
trainers OF the Constitution dill not intend 70 conierby
this CLAUSE governmental powers reior 10 tue clause
IN the Constitution which delegates the power oil eNcl
sive legislation o. Congress this District and an
places purchased by the consent OF the legislature OF