The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-03

CALIFORNIA; with an amendment moved by MIR. Under
wo as m0daea'i'n' all = which are before tho
Mr. PHELPS to the discussion Of tho geiefaf7
question in reply to the arguments of Mr. Calhoun
and Mr. Berrien who pleaded with all their great
tions Of the South and N behalf Of the right fczens
OF the South 10 carry their slaves into The territories Of
the Union. Mr. Phelps took the opposite ground ex-
acty and entirely, eontending for the power OF Con-
gress to exclude slavery from the territories whether
North or South, or East or West Under the Missouri
compromise there is necessity of legislation this
subject for slavery is already excluded from Oregon
But gentlemen say that that Is nnllity; that even
IL had no limitation Congress having power over
slavery in the territories, the Missouri compromise
would be a nudity They say, that the general rights
Of citizens of all the States to into the States
and territories Of the Union, with their property of
necessity includes the right to carry their slaves with
them and that TO exclude them you violate the fede-
raj compact do not comprehend the argument Of
inequality here assumed in the exclusion Of slavery
from territories free. What rights invaded
and how they invaded The federal ordinance
and the constitution impose an obligation upon the
free States to restore fugitive slaves escaping into their
borders but for this Obligation the slave escaping
into a non-slaveholdiDg state would be beyond re-
clamation Apart from this agreement in the
cal legislation Of the States, and upon this prin-
cple alone If you depend upon any other autho-
ry for protection you cannot be sustained for
ment Yet, sir, called upon to assume basis
for our action power in Congress over this question
in behalf of the slave holding States which is utterly
denied existing to the exclusion of slavery. Slaves
species Of property which in Of the States Is
regarded as resting under the same sanctions as all
no where applicable to the property held In slaves
In excluding the Possession of such property In
territory, we but apply an exclusion which exists un-
der the constitution in half the States of the Union
The question Is not whether citizens have right to
carry their property to these territories but whether
they have right TO carry their peculiar municipal
regulations with them. This doctrine, If successful
will carry the area Of freedom all the continent
and slavery with it. ] sir deny the right to carry
these peculiar Institutions wherever the footsteps
Of Southern men may turn. Sir before give m
sanction to this doctrine, offensive confess me- an
n prOpOrtiOn
United States wish to the clause of the consttu-
ton which sanctions and recognises It, There is no
foundation for asserting that the constitution
cognses slaves as properyt recognises the principle
of servtude not of property and to argue that call,
The constitution recognises the institution as the right
of the master in the State in which he resides but
then how far does this recognition go! Why simply to
permit the capture of the slave If he escapes from his
master into free States but If the master brings his
slave with him into free States the slave becomes Free
And should like to any clause provision
of the constitution which allows the transfer and
planting of this institution in any free State. The
Senator from South Carolina, Qlr. Calhoun) claims
the right to plant the seeds of slavery So that whilst
you extending the area Of freedom, you also
clause or provision of tho constitution which allows
the transfer and planting of slavery where the ntitu
ton does not exist
Mr.. BurLER-ln the absence of my colleague, (NIr.
CalhounD would ask the Senator if he considers that
in case Of master travelling into free State with his
servant, that the servant would become free?
Mr.. PHELrs-I answer the gentleman, certainly;
think have stated the question clearly Such the
OF an rlsh orator 10 express IT. the release OF the
slave does not depend upon the will OF the When
he comes into free State he is free whether his mas
ter wills it or mot.
Mr. Downs inquired if a slave should escape into
free State by an act Of mutiny, would he be free!
Mr. rHELrs said he would cheerfully the ques
ton lie believed the slave would be free.
Mr.. HUNTER-And runaways
Mr. PHELrs-Yes sir and runaways; and he cited
the opinions of British courts aud the action of the
Northern States in support of the assumption that
runaway slaves when they escape north of Mason and
DiXOns line. Of right ought to be- free
Mr.. BUrLER-One more question II a man should
come into Southern state and seduce slave from
his master, and carry him into non-siaveholding
State will the of such slave be dispossessed Of
the right of an action for his recovery.
Mr.. fHELPs-That would depend pretty much upon
the locality In the abstract the master has right OF
nstituiing action for the restoration Of his SER
want but the local regulations of the States are
paramount; and whore they afford tho master
no recovery, it is likely that his slave VIII be-
come free map. But, sir repeat the ter
and stand equal footing with his fellow
citizens there. He must obey the laws existing
there. But, says the honorable Senator, we cannot
carry our slaves there Why sir is IL necessary is 1t
Indispensable requisite to prosperity, that slavery
should exist Look, an answer, ut Ohio. There Is
State and the institution of slavery does not exist
there. Is il not ourishing. Compare the progress OK
the Western country with the progress of that portion
which has been blessed with this peculiar nstitutionp
repeat the question of slavery is merely the mode o.
enjoyment and not the right ofany particular portion
OF the citizens OF this republic. Drt we are told tina
cannot interfere with territories that must wal
till they adopt new corsitution, and then eradicat
ia We cHn' fvE my ptApi c'u-idhE pieNcnCOui
Gnitey preferable to cure Slavery present il ex.
cuted in Oregon In all the arguns ns in favor of tn
right to establish slavery, these Senators have onitte
TO describe the peculiar benefits and happiness win ch
the institution would confer the people Of Oregon.
The country the climate, every thing is i'll adapted
to the extension Of slavery In what respect, then,
is it desirable Everything points out lhe fact
that If slavery must exist, its region is further
south. Why should we force the people of Oregon to
adopt an Institution which they opposed to! The
Senator from Georgia mir Berrien) says that all tho
South wants Is to DO let alone why then in Gods
I n w /
her inhabitants at some future time wish to esiabsh
slavery, let IL be their own act am not fanatic
do not address the Senate merely for display. am
willing to confess that the condition Of the slaves in
the South ia much better than anticipated it
DO not speak Of this question as reproaeh to the
South, bat win say that many, many OF the people Of
the South themselves look upon the institution as
evil Who is there at this day who would raise his
voice for the introduction Of slayery? Who is there
would wish to impant slavery in this country If it did
mot GxsS a. ana yet an institution Whose only ea
be avoided it exists, called upon to extend
do object to the extension of an Institution which
hold to be opposed to the Of the Christianthe
civilized world Shall we set the example of extending Of
propagating an institution which the whole Christian
community, with the exception of yourselves has done
away with Mr.. p oxpatiated upon the resolution Of
congratulaon to France passed by Congress- which no
stated congratulated France upon the abolition of
slavery in her colonies; and compared those resolutions
with the course pursued by gentlemen upon the pre-
sent question: as presenting very striking contrast
between doctrines at home and congratulations for
foreign consumption. If Congress has power
the question of slavery in the territories II that be-
you raise new issue WHICH
never will be settled but with disruption of
the Union.
Mr.. Mason, (of Va) secured the floor, and on
ton the bill laid aside till Monday next, when the
honorable Senator will deliver his sentiments the
proviso.
roRTIFIcATIoS
On motion Of Mr.. AruEBroN, the bill making appro-
priaons for the Notifications Of the United States
taken up.
Mr.. UNDERWOOD moved to amend by inserting ap-
preparation for the removal of bar at the head Of
Cumberland Island, in the Ohio River.
Mr.. ATHERToN opposed the item as concern rree-
want to the bill
MIR. BENTON, in expose Of the disasters to the
merce of the Ohio from this obstruction advocated the
amendment.
Messrs. Clayton, John Davis Bell, Downs, Jefferson
Davis, and Atherton further discussed the amend
ment and it was then rejected, to 20, much to the
satisfaction of MIR. Atherton.
The Senate at length disposed of the BILL and ad-