The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-14

davs AGO eypressed those sentiments in manner as
believe not at all misunderstood proessed my decided
hostility the extension of this institution TO any poruon
of this great country under our legislative CONTROL whefe
it does already exist | maintain the same position
still and, standing upon that position, concurred IN the
bill reported by this committee | will add that will
defy the world with all the ingenuity that can be brought
10 bear on the subject and all It's demagogsms, 70 show
that have abandoned particle OF the principles here
otore maintained by this oor one iola OF The
constitutional power necessary to carry those principles
out.
am not about to enter into a heightened argument as
to the effect of this bill My views have been already
expressed former occasion, and they have been eit
Grated BY Others who agree with upon the legal prln
cples which form the basis OF my opinion as to the effect
of the bill AT the same time II is necessary briefly TO
advert 10 them IN order to show Their application to the
understand that my rema ks are intended to meet north
em objections My vndcation TO be addressed TO that
quarter i'm which the charges have been made and it, in
indicating myself it should happen that not commend
the bill to the favorable consideration OF southern gen
emen, have only TO say, that, understanding my pur
pose they must Judge for themselves of the force OF what
say and of the propriey of sustaining measure which
fear my arguments will not commend much to their Ia
What then are the provisions of the bill What let
me ask in the first place. is the condition OF those prov
nces That inquiry has been answered by documents
read at the clerks table this morning These Territories
come TO us with absolute express abolition OF this
whole system of African slavery 1t was eytermlnated
there totally absolutely, and forever Such was The
condition OF things there when they came under our
lomnon and such, as maintain, is ihelrcondltion stllL
We have all supposed until we learned TO the contrary
the law of natons--the law of the civilized world-the
law of equity, and humanity, and OF common justice, the
municipal regulations OF conquered or ceded territory,
so far as they connected with private rights and the
rights of property remain IN force until changed by the
legislation OF the conquenng power ~ requires no ar
deed becomes this Does the cesson of territory (or
lis conquest if you please TO use the term) dlsosanize
and destroy the whole social system Does 1t ahroSae
all civilized association and is every individual OF such
territory upon occasion OF ITS cesslon, growing out OF
conquest otherwise turned out of the pale OF civlza
on' Does all security for life, or liberty or property,
cease' Is the title 10 all property vacated! Is crime
egazedil such expression can be used where there
is no law? And can every crime known to the category
of human depraviy be pcrperated without the power to
prevent or the power to punish? If motif society
hold together under cession, it follows that the liga
ments which hold it together remain IN force until they
are destroyed by superior power
Mr. MILLER. hold that they do, until altered by the
conquering power; and that when you establish gov
which are inconsistent with the laws which you estab
sh
Mr. PHELPS. UnquestionabIy | will not differ with
the honorable senator that point So far the laws
of the conqueror, which extended to the province,
come in conflict with previously existing laws, the latter
are abogated There no doubt Of that But the gem
era principle is what contend for and am very happy
find that the senator from New Jersey concus with us
on that point. We have had several arguments on that
that very point, and believe was fully sustained by
the honorable senator from Connecticut Mr. BALDwINl
who preceded me- the honorable senator from Massachu
sets, lM DAIs,l not now present; and the senator
from Maryla Mr.. JoHNsoN,1 and New York, Mr..
Dx,] and from'Maine [Mr HAMLIN;] Indeed, believe,
with respect this principle thus advanced, there is not,
after the explanation of my friend, who sits behind me-
Mr.. MILLER,] a difference OF opinion anywhere If
these laws, them to be retained, what Is the result
Here is an express law prohibiting the institution of
slavery and If it to remain in force undlsurbed by US,
ask honorable senators, where do they find the door
open for the introduction OF slavery! have not stopped
to cite authorities believed i to be unnecessary Au-
hority enough be cited The most emphatic declara
tons of the Supreme Court of the United States serve to
settle this point This position that the law OF the ceded
the conquering succeeding power, is now believe,
the received and acknowledged law the civilized world
and is questioned by no competent lawyer. .
The next principle upon which rely is equally well
settled. and u.s. believe, controverted by nobody: that
slave taken from community in which the institution is
recognised, into community where does not exist, be-
comes, by the transition, free.
Mr. BALDWIN. The senator from Georgia under
stand to deny the position.
Mr. PHELPS | did not understand the senator from
Georgia He says that the constitution OF the United
States places this upon different footing That position
/ shall advert to presently.
Well, thus far, believe, there has been
both sides of the chamber II desired judicial con-
of the slave population, where find decisions going
far as any to sustain this point The people OF
louisiana deeply interested they are in this species OF
property, with every nducement on earth to bias their
Judgment through their judicial tribunals concede thus
doctrine. | think, then, that am relieved from the ne
cessty of all argument on this subject Now, after hav-
advanced this argument to the Senate and found my
self sustained fully and absolutely by gentlemen on all
sides around me- am somewhat surprised when am
these Territories and puts eternal prohibition upon its
exclusion there Upon what principle IS SUCH an asser-
ton malei listened the arguments of the senators
from New Hampshire and Maine, and found that they
concured with fully they travelled over the road
along which had ourneyed but found to my utter as
toni hment that when they had come to the conclusion
of the whole matter they had, unaccountably to me,
shot off in an unexpected direction How do these gem
emen make out that this bill carries slavery into these
Territories? Is that the legitimate result OF the doc
trnes which have stated ? How do gentlemen prove
that in carving out these doctrines to their legitimate
conclusions have abandoned my former professions aud
subjected myself the charge OF having concurred IN a
dodging skuking cvasve bill, with cowardy Wis
| age I"
Sir if were TO give a definition of coward in rea-
lion TO this matter should define it to be who aban
dons his principles for fear of popular clamor; should
define it to be who departs from his own CONVICTIONS
lest somebody who does not understand the subject or
who does not choose TO understand ii, might raise cry
of disapprobaton some quarter; should define II to
be one who avas himself of the excitement upon this
subject, and through It's aid election TO office
The who acts the part OF political weathercock,
by indicating the slightest whife in the political wind,
rembles at the least indication of popular excitement,
and is paalyzed by opinion which floats TO him upon
the atmosphere OF some bar room discussion
know not what other may think on the subject,
but, in the discharge OF my duty here II lhought
could depart ota from the doctrines which have ad
vanced, with view effect decision at the ballot box,
my constituents would in their deliberate judgment,
administer rebuke to be forgotten. know them
too well to imagine that they will find fault with
strict adherence duty, this or any other subject,
upon the part of their representatives,. have no hesita
ton in trusting my reputation, my standing, and my po
lca existence TO the deliberate Judgment of that people