Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-30
TO THE FREEMEN OF VERMONT.

cent occasion due both to that constituency and myself Much
excitement to have occurred in relation the bill for
the establishment OF government in the newly acquired terri
tory, Commonly called the Compromse Bill reported by
the Select Committee Of the Senate, of which committee
member and structures very avorable have
been made in the public prints upon my connexon with that
measure have doubted that could vindicae my
conduct that OCCASION in the Judgment Of all intelligent
and impartial men. My for concung that bill in
the committees and sustaining in the Senate, fully
given the floor of the Senate but unfortunately nv re-
marks mperecy and naccuraely reported to the
public to give no Ineligible representation Of my views.
Circumstances have delayed their publication in a au-
thenc and satisfactory fom but they will be laid before the
public in very few days. published under my inspection
In the time avail myself of the earliest leisure after
being release from most aduous and fagung session. to
ask suspension of opinion until the grounds Of action
be understood At the time it will not be improper
the very great msapprehenson which has prevailed in
msepresented and OF course grossly misunderstood and
very great extent condemned before its import and OBJ
ject were known.
voted for that bill with settled conviction that its effect
would be the utter and absolute exclusion of slavery from all
those territories The sincerity of that conviction and of my
purpose to effect thai exclusion, to say member
of the Senate of any party doubts That such would have
been the effect Of the bill had become law far the
legislation of Congress effect that object, maintain
And do by Of argument used in vndicaton Of
my before the Senate which member of that body
venred to conrovert. It's soundness admitted by po
cal friends and political opponents, by those who advocated
and those who opposed the bill Anepitome will be given.
The BILL although long one, contained but two illusions
to the subject of slavery The first prohibition
the Territorial Legislature to pass any law the subject
The second gave appeal from the Territorial Judiciary
the Supreme Court of the United States, in all where
the question Of slavery introduced The objectionable
features of the BILL if they exist al ALL must be found in
both OF these provisions.
Slavery (by which mean African slavery abolished
in all territories of Mexico.
lst BY decree of Guerrero, while Dictator in the year
1929. This done in the course of revolution, and
might perhaps considered abrogated revolution
IDLY. BY the constitution Of 1884. s
3dy BY decree OF the Mexican Congress Of the 5h of
April, 1897 This decree has been obtained from the De-
parmen Of State, and has been published in the various
newspapers of the country 1t is not deemed necessary
peat ii here.
with Great Britain allow slavery any Of the terrific
Of the republic which of prohibits its restoration
Such the law Of New Mexico and California when the
cession the United States took place. BY the law of
nations and the civilized world, the laws of conquered
coded territory far, all events, they relate right Of
property and private rights remain in force until superseded
by the legislation Of the acquiring Power, or other words,
until that Power enacts laws If authority demanded
for this position may be found in the late decision Of the
Supreme Court of the United States in the case Of Hender
son Us. Poindexier, 18th Peters's Reports.
The decree of the Mexican Congress of the 5th April
1897 was therefore, in force when the bill of the committee
reported to the Senate, and force yet What then
did the committees bill propose 1t did not propose to
repeal the local law of those provinces but the contrary
prohibited the local Legislature from changing This pro-
hibion originated with the first TO suggest H.,
those provinces cch prohibit slarey Little did imagine
that that exposing myself 10 the charge
msrepresenng my constituency advocating the extension
OF slavery.
But there is another principle which may be noticed here
Slavery local institution existing only BY positive law
Ii cannot be transferred to jurisdiction where such
law exists The consequence is that slave taken by his
master into free State becomes free. The would be
r
for his surrender under the constitution of the United States
which introduced into that instrument because, without
it, the relation Of master and slave would not he recognised
in free The result is that slave taken into one Of
these Territories would become Free
The BILL them would exclude slavery eifectualy the
legislation Of Congress do. Il is full efectua this
purpose ahe Wimot Proviso The language of that Pro-
yiso is that slavery shall not be permitted in these Territories
that Of the bill is slavery is prohibited there by law
Let that law remain. Il shall not be altered.
The bill has been represented settling nothing eav
ing every thing at loose ends really prohibiting the pco-
pie from excluding slavery they would All this may be
said long The existing idic Of those Territories kept
out Of sight. Nay If that the previous law
there sanctioned slavery much might be said The bill
then would pepcuae slavery But the effect Of the bill is to
be Judged by reference to the state Of things upon which is
operate. is ampoant know what that law is which
is be changed Ii exclude slavery, and is confirmed
and pcrpetusied by the bill in question, how il be said
that the bill authorizes the extension Of slavery How
slavery be introduced there consistently with this bill And
how be charged with abandoning the principles
representing the sentiments of my constituents
Another egregous in regard this bill the idea tina,
Congress endeavored 10 throw off their duty and their respon-
sbiy upon the Supreme Court that the bill would call in
the Supreme Court to do their duty This great mistake.
The bill refers nothing that Court Il does mention OF
alude to that Court, except provides for appeal from
the Judicial tribunal proposed to be established in the Terrific
RES the Supreme Court II attempts confer legisla
power that Court but have endeavored 10 show
proposed the full legislative power Of Congress
the exclusion Of slavery by sanconing and pepetuang the
existing prohibition. What, then, is left the Court It's
this Certain Southern gentlemen at the head Of whom is
Mr. Calhoun insist h3 the constitution guarantees the peo-
pie of the South their property slavery that they choose
10 the Territories with their slaves the guaranty would
protect that property there. They of course insist that the
constitution force 10 these newly acquired Territories
overrdes and annus the local law and further that Congress
has no power interfere with this property in the Territories
erch1de erefrom that the Wmot provso, If enacted
by Congress- would be unconstitutional and void and that the
ordinance Of 1897 is equally
Now, if these gentlemen right, all legislation, by
way of prohibiting slavery, goes for nought Certain it is
Congress cannot repeal the constitution can they deter
mine it, construction. This is in its judicial ques-
on entrusted nv the constitution the supreme judicial
tribunal and there ii remain We deny the doctrine
that question fully expressed in reply to Mr. Calhoun
and Mr.. Beren That reply will be laid before the
public in connection with my remarks the bill in question
Disagreeng do upon this question, there bu,
tribunal which decide between us and that the Supreme
Court The committee, therefore, left that question where
they oundi and where they obliged TO eave We had
believed, exhausted the legislative power the judicial
could We bad framed bill which we thought
eectual its constutonay, II passed. was matter to be