Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-16

be law prohibiting slavery in Oregon. This law then,
continued in force for three months after the meeting Of the
first Legislature, and then will be abrogated by virtue Of this
Of Congress This repeal will leave Oregon without any
law against slavery II is true there is nothing in bill pro-
hbitoy of the right in the Territorial Legislature pass other
laws upon the subject OF slavery and they may do subject
the sanction OF congress but until they do pass such
laws there will be no law Congressional Territorial against
the admission Of slavery into Oregon. The Goth section of
the bill which provides for the legislative power in Caor
mia, expressly prohibits the Territorial Legislature from pass
ing any law prospecting slaves The 33d section contains
the same provision with regard to New Mexico Thus by
the prohibitions Of this bill New Mexico and California are
prohibited from passing any laws against the introduction of
slavery into those Territories neither is there any reservation
in the bill that Congress may hereafter directly upon that
subject.
These provisions in the bill do, in my opinion,
abandonment OF the of Congress the subject of
slavery in California and New Mexico We say in effect,
that we will not interfere by law, although have the power
do prohibit slavery, but let 60 there and sustain it.
SELF cam under the constitution. In order to understand
what is that constitutes the compromise proposed by this
bill il will be necessary TO look at the matter difference be-
tween at the time referred the subject in dispute the
committee The question that divided the Senate and upon
which spent many days and much eloquence was this
whether Congress had the constitutional power prohibit a
very i'll Territory Of the United States There was also
collateral question: WHETHER if had the power would be
expedient exercise in the before usi Upon the
question of power entertained doubt them nor now and
am well satisfied that majority Of this Senate were of the
opinion that Congress had full power the subject Con-
gess had frequently exercised the power in the Territories
both North and South, and the Supreme Court had when
the question raised sanctioned our laws vet the
Senate thought best to raise committee upon this point
then thought and still think, there nothing in the ques-
ton which could ought compromise unless we were
prepared TO yield to qualify clear constitutional Iegs-
lative power
But, sir, the committee raised. How have they dis
posed of this question: the question of power prohibit
slavery in the Territories The chairman Of the committee
that this bill neither arms denies the power of Con-
IN the
be decided by the Supreme Court If this be so, Just
where started The have done nothing towards
settling the question in dispute they merely refer the de-
Of another tribunal But the bill of that char
acter represented by the chairman think Upon look
ing into its provisions find that does exercise the power of
Congress upon the subject of slavery II exercises the power
in Oregon by abogatng the law in force there against
slavery three months after the meeting of the first Terrific
rial Legislature. II also exercises the power in New Mexico
and California, by declaring that laws shall be passed in
those Territories respecting slavery y this inhibition Of course
prohibits all laws against slavery. Thus, this bill, instead of
neither affirming denying the power Of Congress the
question Of slavery these Territories does assert openly
and efficiently, and, what is Objectionable exercises
the power all in direction and that in favor of slavery
All laws in force in Oregon 10 be ADVOCATED while
California and New Mexico deprived of all power piss
laws respecting slavery still moe If this bill is be coEsd
cred compromise Congress is also to refrain from pass
ing any law prohbory of slavery in either of those Terrific
res hereafter be insisted upon with any fairness
that after agreeing to leave slavery unrestricted in these Ter
rores that Congress may hereafter pass laws prohibit
there.
This BILL then, in my opinion all restraint upon
slavery in the Territories There will be law, Congress
sonal Territorial, against its admission 1t left stand
fall upon the constitution without any law of Congress upon
the subject. This understand be the compromise This
making clean field for slavery to operations in
There is visible wall hedge to shut out and does
not take possession of the field and plant itself there with deep
and widespreadng branches, will be because the field
is not worth the cultivation.
But il said that slavery cannot be established in the Ter
rory without positive law to sustain and that there be-
ing law in the Territory egazng it, cannot go there
have doubt OF the correctness of this principle Of law We
all that the right Of the master in bis slave depends
trey upon positive law Yet all know that slavery has
and will make its way into countries where there posi-
tive law prohibiting it. doubt whether slavery in
PRODUCED in the first instance into the Atlantic States, then be-
ing colonies by positive law 1t in first By stealth
then by permission 10 because there law to
forbid its entrance in, made friends and created
interest and influence too powerful TO be discarded
Then demand for laws 10 protect and regulate it. Sa
very is here here without imposed upon by
England upon shores by Yankee Ships hut, being
here il must he protected and regulated Thus said the
slave States the time OF the formation OF the constitution
and thus that African slavery, commencing by mposi
ton and without law fastened itself upon the country and
grew up until is digni6ed by the name Of an nsiu-
ton and sanctioned by the constitution ITSELF This inter
ference policy the policy for the extension Of slavery
Lei alone says the honorable Senator from South Caro-
lima, Mr. CALHOUN D pass laws against slavery in the
comedies the South all that they ask in that particular
Slavery far Congress concerned, let alone, and be-
ing left work its way into these Territories it will
nue be let alone until it finally itself beneath the
protection Of slave State constitution then will be beyond
control
Again. if pass prohibitory law slavery will go there
under color OF right 1t insisted by distinguished Sc
majors from the Souh-gentemen too, in whose opinion upon
this subject the people Of the South will have great confidence
that the constitution Of the United States carries slavery into
the Territories and will protect il there provided there be
law To interfere Now sir, although believe that there
such power the constitution, yet others sincerely be-
eve that the power does exist They will upon their
opinion and will carry slaves into California and New Next
co. sincerely believing that their property will be protected by
the constitution Under these that constitution
al question which, you for settlement by this BILL will
become Of practical than legal question Large in
terest individual and social viii be involved sectional feel
ings will be aroused the peace and safety Of the Union will
be threatened Under these difficulties the Supreme Court
may that Congress had exercised its constitutional
power prohibit slavery in the Territory, and did, by way Of
compromise agree refrain from passing any laws respect
ing slavery and slavery being in he Territory to large
amount we the Judges Of the Supreme Court being also d.
vded upon this constitutional question: will also compromise
the by letting slavery remain until Congress shaA pass
q law TO abolish il.
do not see why the Supreme Court may compromise
its constitutional powers well the Senate. Ii il will en-
danger the Union prohibit slavery in Territory where il
il has taken root there Again. altogether opposed to
throwing this question upon the Supreme Court consider
il Of political than judicial question II has for years
entered into the general politics Of the country Il has nu
enced our national policy both in and in peace. From
the Government this hour has