The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-29

1
the part of the north But, sir the slave States
increased TO the number of fifteen and provision in
the resolution annexng Texas to the United States for four
more, making, in the whole, nineteen.
Now, sir, insist, matter of justice that slavery
should be excluded from the territories mentioned ths
BILL The South have enough for their slaves in the
States open TO slave labor. The population of the
slave States is but seven and fraction to the square mile
while that of the free States is fourteen and fraction But
Mr. President, as matter of expedency should
these territories from the intrusion of slavery. We
laying the foundation of future States, and should be
careful to exclude every element of Weakness discord
OF danger from these infant governments.
"Every addition the States receive 10 their number Of
slaves, said Mr. Madison in 1882 "tends weaken and
render them less capable OF selfdeence In of host
es with foreign nations, they will be the of inviting
attack instead oil fepelng invasion 1t is duty
oil the general government 10 protect every Of the
ming therefore which tends to increase danger though
be local affair." yeI If 1t involve national expense safety
subject for the constellation of nose aba,s ana viii
the gener raj administration of the government"
Slavery, then, in the opinion of Mr. Madison tends to
weaken State and render it less capable Of selfdeence
must be apparent to every mind that three millions OPP
pressed degraded human beings the midst of the cou-
try, deprived of all political rights, and held property
but weaken the power and efficiency of the govern
ment to defend and protect itself from foreign aggression
and INVASION If this be- true, (and one think can
doubt It, is 1t not the bounden duty of the general govern
ent 10 inerpose lis power to prevent the introduction of
this element of weakness and danger our territorial
governments In my Judgment it is and to omit would
be cupable omission Of duty our part.
But it ID tme Mr. President pass to a brief examina-
ton of the bill reported by committee sincerely re-
greet the difference of opinion that exists between nv col
league and myself to the practical operation of this
He believes that the bil if it should become law
icod eectuay exclude slavery from the territories. be-
ieve ,coud not and IN this and this alone consists the
difference of opinion between Southern
tain the bill because they believe leaves the open
TO slavery and my colleague susains because he believes
excludes slavery Now, sir both be right either
the southern or the northern friends of the be
disappointed and deceived in operation is deusiye
in its characters and if had no other objection to it,
n UaIpqf Rat I hauo rol
ectons, of character too strong be The bill
provides for the appointment by the President by with
the advice and Of the Senate governor secrc-
ary and three judges for New Mexico and it makes the
provision for California. The whole legislative power
be exercised in the territories is vested governors
secretaries and Judges to he appointed in the manner
have stated But no law says the BILL shall be passed in
either of the territories respecting slavery Provision also
made in the bill for an appeal writ of error from the de-
cson OF the territorial courts habea corpus the Su
preme Court of the United States will stop sir to
inquire whether it possible under provisions
to the Supreme Court of the United States but will
say that if the of Barry Mercen and Others 6
Hooads Reports, l03 decided by the Supreme Court of
the United States l647 be law appeal writ of error
will lie from the final of the territorial courts refus-
ing writ of habta corpus TO the Supreme Court of the
United States.
tories for which proposes establish governments from
the intrusion of slavery? Why sir it is said, the
hand that these Territories free when they coded
to the United States by Mexico; many years slavery
abolished throughout the Mexican republics that the
municipal laws of Mexico far they relate rights
of persons and the rights of property remain force until
altered abolished by the United States and that slavery
being contrary to the law and the law of nature
and existing only by the force of positive local law
exist in these Territories, because there local law
sustain it, WE'LL sir, this all well enough in theory but
in practice it will nothing. Slavery will 60 into
the Territories and when there will be impossible to
get rid of It, Yet sir the other hand it said that
slaves regarded property by the constitution of the
United Saes and that whatever that instrument declares
property be SO regarded the Territories of the
and that 81 ha naaQn udinO
slaves from the Territories, either by Congress the
rtora legislatures. And it sfurher said that the Mexican
law abolshng slavery political law, and ceased
ist the Mexico coded the territories the United
States and that slavery exists there. Now with
these conflicting opinions the subject between northern
and southern Senator's what will be likely be the opinion
of the territorial judges upon the question: They will
doubleday be southern and probably shareholders Sir
there is every in the world to believe that they will
adopt the southern of the subject and sustain slavery
in the Territories Yet, it is said the slave pray
his writ of error and take his the Supreme Court
if the decision should be against him. Now, sir, how
slave, without money, without friends, and subject
the control and dominion of his MASTER pray out his
writ of error, and travel two thousand miles to Wash
ngton try his the Supreme Court of the United
Staes Sir, he cannot do it out of his power, and
southern know and consequently they have
objections to the bill The subject is left precisely where
they insisted IN the discussion the Oregon BILL should
DO left. All they then asked to be let aone pass
law, they said upon the subject and they would be salts
fed, cannot CONSENT Mr. President to leave this great
question in much uncertainty Nothing short of posi-
law excluding slavery from these Territories will satisfy
me- The bill goes upon the ground that slaves
roduced the Territories, and, when there if they
dissatisfied with their condition. and learn their rights
and command means to assert them, they may pray out
their wrts of habeas corpus and compel their
show the authority by which they hold them in bondage
Sir who believes that writ of habeas corpus would
in either of these Territories try the masters right
hold his slave do not and do not believe that there
is southern within the hearing of my voice who
believes that a of the kind will be tried.
No, sir pass this misnamed compromise BILL and you
compromise slavery into the Territories forever. Savehold
ers will go them with their slaves, and in very short
period they will command influence enough form const
toeratng slavery and knock at doors for adms
sion into the Union. There are, believe three
hundred thousand shareholders the United States and,
small number they are, compared with the slave
Union. Sir is it much suppose that three four
hundred thousand shareholders in New Mexico and Cali
forna would control the legislation of those Territories
No, sir they would be suIe to do it.
But, Mr. President, this great political question: and
Congress is the proper tribunal to settle it. No issue should
made here embarass the Supreme Court The ques
ton before us, and should and settle it as we
meet and settle other constitutional questions arising IN the
course of our legislation IL the opinion of the Supreme Court
be desirable upon this question: the prohblon and let
the Shareholders obtain it, and throw the burden and ex
pense of the litigation upon the poor degraded pennies
slave If adopt this course, is possible the question
may be tried but if pass this BILL the attention OF the
Supreme Court will be called to the subject word
two, Mr. President, upon another subject and will re-
sumo my seat
Both the senators from South Carolina have charged the
northern States violating the guarantees of the cons,tu
ton in not passing laws aid the reception of fugitive
slaves Sir the States have right to legsate upon
subject The Supreme Court of the United States thu
- - De- Dr. rph