The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-18
CONGRESSIONAL.
SPEECH or MIR. BAGBf,

Mr. Rscpy on the 25th and 9th January last, viz:
! Pssolye5 That Congress has no constitutional power
abolish loProhiet slavery IN any o'ae or Territory IN
q Resol,rd That conquest is legitimate mode of
curing territory and recognised by the laws and the
Isai practice OF civilized natlons
Resored That II territory is hereafter acquired by the
Halted States, either by treaty or conquest, il shall not be
competent for the treaty making power Congress
ude slavery from such territory, either by treaty stpua-
non or y act Congress but such territory shall be equal
!" tree and open the citizens of all the United States
,hout any limitation, prohlbon restriction regard
slaves any other description Of proery Whatsoever
Rsrcd That neither the people the gislatnre
Territory any constitutional power TO exclude slave
~ irom such Territory; aud that the people legislature
d Territory possess other political power than such
!, delegated 10 them by Congress in the authorizing
tem TO form Territorial government; and, ina uch
Congress has no power TO exclude or prohibit slavery in
nv Territory of the United States, they cannot delegate
ueh power the legislature of Territory, The peo-
ole thereof.
MIR. BAGBY addressed the Senate as follows,
Mr. PRESIDENT These resolutions were introduced on
h 25h and 27lh OF January at which time there were be
fore the Senate questions OF pressing practical importance,
connected with the vigorous and efficient prosecution OF
the war with Mexico, and claiming the paramount, if
not the exclusive, consideration oil the Senate They
werr called up repeatedly in the progress OF the business
OF the Senate and, at each time they were so called,
stated distinctly, what now repeat, that satisfied as
was upon the fullest, maurest and most deliberate
,deaion of the Justice of that war on our part,
would not, ar depended my action, permit any
other measure, no matter what considerations might
involve, TO interfere with the adoption promptly, and al
once the measures necessaryfor the efficient and vgor-
prosecution OF the war did not believe then, nor
do believe now, in windy fustian speeches Action,
and not words and noisy defamation the appropriate
business oil men engaged III matters OF great concerns not
only this country but to other countries not only the
present generation, butto afer-times
These resolutions embrace four distinct propositions,
upon the correct solution OF some, not all of which,
my Judgment the perpetuity of Institutions depends
The first contains distinct substantive and unqualified
limitation upon the cons ttutlOnal power of Congress to
abolish prohibit slavery in any State or Territory Of
this Union This position IS assumed upon the fullest
consideration and after the most mature reflection as to
all the consequences, proximate or
either present prospective so far the action of Con-
ress concerned. Ii the correctness of this position
we'll sustained and deep laid in the constitution, (of
which have no. the shadow of doubt,) then the truth
and the correctness OF ought to be adopted and pro-
claimed. The people of the country ought to be in.
formed, whether, in the opinion of Congress, their
rights depend and stand upon the adamantine princ-
PIES and guarantees OF the constitution, whether
they float the visionary magnations of moon struck
philosophers pretended phanthropists cannot be
led now, cannot be tempted into discussion upon the
abstract question of slavery. Whatever u.s. those who
hold it under the provisions OF the constitution, found it
either tor good or tor evil either blessing curse,
the path way OF their destiny and there it will stand
until the constitution is changed, until it is under
mined by that nsdlous torrent which is and anon
ahing against it. have but little fear of either The
second resolution should not have introduced, but for
the daily nsinuations here that the acquisition of terri
language OF the day. land stealing Whenever the truth
and correctness OF the proposition contained in the
ond resolution is seriously controveed, stand prepared
to sustain it fully. and to the whole extent. BY law.
cry civilized nation, from the earliest periods OF
thenic history down to the present time. will not
anticipate objections which do not think will be seriously
urged and which know cannot be sustained either by
reason authority. The third resolution contains a
clear and express limitation upon the powers of two
branches Of the government Of the United States 10 wit
The treaty naking power and Congress; and declares
that neither OF these branches in territory to be acquired
the United States, shall have power to exclude slavery
aspropery IRON such terrltoy but that such territory
shall be equally Tree and open to the citizens Of each and
on PROHIBITION, Or restriction, in regard to slaves,
any other description OF property whatever The first
branch OF this proposition restraints the general gov
eminent from the exercise of any interference with
The rights OF property in the possession, under the
constitution, OF any portion of the people OF the United
states; and The second branch contains but
hon and reafirmance of that great fundamental prn
cple that lies at the bottom of our institutions that what
ever IS acquired by common blood or by common treas
ue, or oy pon snail be the common property of all the
people OF the United States and equally free to the use
occupation ana enjoyment OF all This proposition rests
upon 'he constitutions IS sustained by every consider
auoh OF equity, truth, and justice and fortified by the
eslnal principles OF reason and Of right And, as had
occasion to say on former occasion, do not believe
mere is man in America, with mind unswayed by To-
cal considerations, unbiased and uninuenced by
ona considerations who believes that property acquired
Oy common blood and common treasure should not
enufe to the equal benefit of all the people OF all the
wales OF ms great and growing nation: What is the
constitution Of the United Sates There is no difference
opinion upon this point II is universally admitted by
american statesmen to be compact between sovereign
wales In political power the parties TO it are per.
ect equals There difference, in this respect, be-
tween Delaware and New York. or Rhode Island and
tensylVanla IT, then, the constitution be compact
between parties, whose rights and powers under it are
precisely the sane let inquire into the and
suea'ohs That induced the parties to enter into that
s. vas IN the language OF the preamble to the
'uuoh, Ito form more perfect union, establish Justice
insure domestic tranquility provide for the common de.
ce promote the general welfare and secure the bless
ss OF liberty TO themselves and our posterty These
Nte The objects for which the States voluntarily dis
SDeu themselves OF portion of their sovereignty, and
neled up willing sacrifice upon the altar of
moh country They objects, the permanent secu-
ivy o. which constituted fair and adequate equivalent
~ .he solemn surrender of portion of that
esnH' to obtain and establish which the aspirations
~ me purest patriots had been elevated, and the
~ oio0d OF the revolution was spilt-to obtain
WWnch, The eloquence of Henry had Numbered, and
"Ial'en mad died The great question for the
ITERATION OF the Senate is how these objects be best
'omoled, secured, perpetuaed' To my mind this is
suoh 81 easy solution II is by carrying out the pro-
s" os OF the constitution according to their obvious
aJs and import Keeping in view the rule equally
Peaoe IN the proper construction of all instruments
secure and provide for at the time they entered into it
Guarding with equal vigilance and caution against mpl-
a oh and unauthorized construction on the one hand,
auu olhcous Interpolation on the other: in word,
-, ~ akihs Inc constitution as il is, and as its mmor-
p d. ''amers intended il to be- | do not propose Mr.
,eshent, TO inquire into the power of the govern
I n' 10 acquire territory. hold that to be point set
aeo beyond the power OF controversy to disturb it. II
en,p 20 yer necessarily properly and inseparaby Incl
Cr nrtr al