The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-30

accelerate the federal alliance, by removing far as
depends upon them, the aforementioned impeachment to
lis final accomplishment: BE itlhereore enacted"
And then followed resolution of the old Congress accept
ing TINS territorial grant from the State Of New York. and
inviting the other States do the like Sir the next State
in order was Virginia. There had been strong
STRANGE presented by Virginia this claim of New York to
lands which she considered embraced within her territory of
the Northwest the whole of which forgotten and laid
aside aud that State the year 7S3 authority
to her Representatives Congress convey the United
States IN absolute pepeaity territory that is covered by
ten parallels of latitude and thirteen degrees of longitude
of which have been carved five of the States which
now IN the Union, and enjoying its protection And she
dd H. Tor whatf Why 10 meet In spirit OF Cancellation
the CONCESSIONS of other States do everything for the
good and to accomplish which she has truly given
up her birthrght Contrast the language held by New
York IN the act Of 1850 with the language held by her
aor on this floor Sir who believes, when it required
sprt OF such mutual orbeaance and concesson-a spirit
that was disposed to give every thing for the common
goodn order TO prevail upon the States TO bind themselves
in articles Of confederation that you keep those States
under any federave whatever when that spirit
forgotten and disregarded VINO is there this floor
who believes that Virginia. the largest most populous and
most wealthy of the southern States would have been
party the constitution if there had been provision
grated forbddng of any part OF her pop
ua,ion any territory that might hereafter become the
property OF the United States? No And II she would
them and believes that such is her cons
ona right who believes that She any of her southern
sister States remain in the confederacy when the bar
ers that had been erected for their protection have been
ruthlessly broken down and dsregarded?
Every that is made affecting the rights and
power Of the southern States reference TO this population
looked upon there in derogaton Of their exclusive au-
thority They sensitive this subject 1t forms part
OF their most valuable property 1t Is great element OF
their political power and It's proper management is essen
ta to their safety. Yet honorable senators here,
understand them looking upon the of this govern
ment unlimited perfectly without CONTROL approach this
subject they would approach ordinary subject OF eg-
ation and right control IT, whether with or with
the of the States where alone the institution is
found. Is all power that is not granted to the general
government reserved TO the States And do you md any
thing in the constitution which authorizes any interference
the part of the general government with the domestic in
stutons and the regulation of the internal affairs of the
States Sir, in this connexion very much struck
with view presented by the senator from Vermont The
from South Carolina attempted TO show, and think
successfully that let this power OF legislation the Ter
rories be derived whence might 1t trust to be ad
mnered by this for the benefit OF the States
by whom the created understood the senator
from Vermont say not trust, and that it was not
there devoved upon Congress Legislative dis
cretion."
| Mr.. PHELPS. The senator misnpprehends My re-
mark Yves that there analogy be drawn between
legislative and legal trust and that the important
difference between the two was the ingredient of Legislative
discretion.
Mr. MASON trust is trust, whether it be created un-
der the sanction Of law, result from delegated authority
legsatc. And although in its latter form there may be
what the senator calls legislative discretion" yet such dis
cretions does not exnguish the trust The senator will
contend that it does neither will legislative discretion
enlarge the powers of the They remain limited by
the object of the trust though the choice Of
may be extended Be public or private trust
its obligations the trustee are the same that he shall
determine whether the been well III performcd
you must look at tt charter creating 1t.
Mr. President will say there is party, but there
are statesmen this country who look upon this govern
nen as property be enjoyed and parceed OUT rather
than be administered for the common good
and here is great instance IN which the Pncpe Is 70 De
affirmed denied. territory IL common property, the
property of all and submit to any senator who hears me,
will also the judgment Of postery, whether the trust
is properly fulfilled when you exclude from such common
properly large portion of the joint owners The senator
from Vermont, however, has said, that when you forbid
slavery within territory belonging the United States you
do destroy the equality between the citizens of the States
because all citizens are free go there. Sir if this is
keeping the word of promise to the ear and breaking 1t to
the hope, know not where instance may be found
What would you have! Suppose portion of that territory
valuable the South you extend full permission to the
planters of the South to go there provided they VIII aban-
don the only property that would make valuable to them
after they get there. That is the equality which the sena-
from Vermont would mete out to No, SIR insist
that the guarantees of the constitution to which have re-
erred recognising this portion OF our population, and
assigning stipulated representative weight were never
designed exclude the States interested from participating
equally with the in all future acquisitions of territory
i put il to honorable who hear me, what would
be the condition Of the south if this preensOn submit
ted to? There three millions of slaves, presume,
in the southern States and such Is their condition OF ease
and comfort and abundance that they increase faster than the
white population and you propose crcumscrbe them,
and declare that occasion shall they ever be extend
ed into the territories of the United States What then,
will be the condition of the south With their lands
out and walls of decentralization thrown around them they
will choice but to abandon their property and their
homes And the senator from Vermont says this is all
right there objection to opening them ups" and if
ever thew emerge beyond those scrbed limits they must
come out as freemen. ask where they go
What territory is there within the free States that will
receive class Of free blacks? Not And yet the
honorable Senator with camness that becomes phloso
pher gentleman who IS not implicated at all IN this
institution tells us is all very well; there is objection
to penning them up" We had instance in Virginia.
not long ago of the fate that awaits emencpaed negroes
the free States gentleman whose sagacty and intellect
illustrated and adorned the councils of his country while he
he hOno and rated
when others shall be forgotten manumed his slaves by
his last will the number Of five hundred and made
ample provision for their location beyond the limits OF the
slave States His executor, who knew what trust
was went to State Of Ohio and, by invitation there,
purchased of country residence for the
mted slaves; and when he took them there, they were
driven by force by people of the country where he had
purchased Sir this of abolition destitute of every
SAVIOR of humanity, the slave population to be manumit
ted under the of refuge the free States Of the
Union The from New York has told very truly
that the black population state of freedom dwndies and
dminishcs and would soon become extinct 1t is incident
TO their They do not multiply in state of freedom,
on continent No, sir contemplate the spectacle we
have these northern States the rivalry jealousy,
and hatred that engendered there between the white pop
uaon and the free blacks and that race the subject of
50 much commsseraton here because they slavery
dying and rong nakedness and filth the cellars and
dens of your northern cities. Sir there another idea
thrown out by the senator from Vermont understood him
to distinctly and thence draw important legal de-
ducon that slave not property, but that the tenure
what mere "incdent TO domestic relation" Well
that certainly fec,ous of expression But the
objection to 1t Is that Is utterly void of meaning the
civilians tell us that slavery had its origin in the rights OF
conquest the capto had the right put prisoner death
and when he spared his fe done the implied