The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-28
INTERESTING DEBATES IN CONGRESS-
SPE ECH



HON. JOHN o. CALHOUN.
TEuRTTETII CONGRESS-.
FIRST SESSION.
Senate,
WARRINGTON, June 81.
Atchison, the President pro tenn resumed the chair,
and called to order.
Several memorials and petitions presented, re-
[ ceived and referred
WARRINGTON MONUMENT.
The PREsIpKNT pro TEN, laid before the Senate a
communication from the Washington Monument
Committee.
Mr.. CLAYTON submitted resolution in favor of the
Senate attending the laying Of the corner stone,
which adopted
REGULATING IN PUBLIC LANDS
Mr.. HALE, of New Hampshire gave notice that hs
would to introduce bill to prevent speculation
in the public lands and to open the same to actual
settlers and cultivators.
TAKING CARE THE INSANE.
Mr.. DIX, of New York presented highly interesting
memorial from citizens of Massachusetts, respecting
the amelioraton ofth condition of INDECENT insane
&c and moved to refer the same to select committee
which agreed to- ordered to be printed and
five thousand additional copies more than the usual
number were ordered for the use OF the Senate.
wHirNEY's RAILROAD.
Mr. NILES, Of Connecticut introduced bill In favor
Of setting apart and selling to Asa Whitn-ya portion
Of the public lands, to aid him in constructing rail-
ad to the Pacific Ocean. On motion of MIR Niles,
the bill with accompanying documents, were referred
OREGON
On motion, the Senate laid aside the morning bust
and proceeded to the r-gulay order OF the day
which was the consideration of the Oregon bill
Mr.. BRIour, Of Indiana, gave notice that he would
move the adoption Of the Missouri compromise as an
to the bill at proper time In its progress
The Oregon bill resumed, the question being on
Mr.. Jefferson Daviss anne ndment. providing that no.
thing in the act shall be construed into the ex-
cluson Of slavery from the Oregon territory
Mr. CaIhoun's speech.
Mr.. CALHOUN said -
Mr.. President Tho slave holding and non slave
holding States stand very unequal grounds in
gard to the question under consideration The former
ask for no Laws, no privilege but they willing to
concede to the latter they ask for nothing but that
they may be permitted to remain that equality with
their sisters Of the confederacy which established
by the constitution while the slave holding States
ask for the enactment Of such laws as will give
them monopoly Of the territory belonging to the
Union, and which will have he effect of excluding the
people of the Southern States. Mr.. President will
not ask from the North anything will not yield from
the South; will yield anything from the South
which would not be yielded by the North. wish sir,
to argue this question dspasson atey. and not upon
party grounds shall direct my observation to
tain the rights and maintain the rights Of ali parties
the only way to put end to this rigorous ques-
ton. Ths constitution is to decide and, constitu-
tional grounds alone, will look at it, with these
prelim nary remarks Mr. President to the ques-
ion: have the nonslaveholding States the power to
put down slavery in the slaveholding States' You
ind no such power in the constitution itself
! There you ind all States common in rights ;
there disparity all writer's declare aud SO all
usages prove Can the fact that there is slavehold
ing population among affect this question or our
rights The slave population nearly equal
then as 1t Is now, and that is the only description
property recognized by the constitutiou sire
the assumption that tho constitution never intended
that inequality should exist; and, here, too we find
that the trainers OF the constitution never intended
there should be discriminat between these por.
tons of the Union and any other portions Mr. Presi.
dent If the power thu exists if it is not be fou nd
in the charter Of government if it exists at ALL it
must then be found in the constitutional compacts;
and 1t exists not there the power exists not at all
unless you chow positive, acknowledged
power in the constitution upon this broad basis
ask now, sir where is the power to be found belonging
to Congress of admitting into territories of the
portion Of the people and their property and one
excluding another? 1t cannot be found 1t does
not exist. ! contend that the constitutional clause
giving power to Congress to dspore Of and make all
neediu regulations respecting the territories of the
United States does not refer the of su
territories but simply the disposition care Of "a
territories As to the public lands Of the Union
not word Is said about population. The power
to Congress in exclusive legislation over this dis
trict, and over places occupied in the States for
Dock Yards, &c. strengthens this construction
of the slave, respecting the territories and though
Congress has exclusive legislation over this district
the sovereignty remains In Maryland entire, and
without the assent OF Maryland slavery cannot be
consttutionally abolished in this district Having
thus shown that Congress has constitutional power
over the question Of slavery in the territory the whole
chain Of authorities cited yesterday by the Senator
from New York (Mr. Dix), from the basis upon which
they erected fall to the ground
Mr.. c. then gave history Of the ordinance of 17S7
Virginia ceded the northwest territory in 1884 and
Mr. c cited the attempts of every succeeding year to
introduce as fundamental law Of this territory this
principle Of the proviso They were all defended TIL
1877, when compromise agreed TO the South as
ssnting to the exclusion Of slavery and the North
agreeing to restore all fugitive slaves arrested within
their borders. IL Was q compromise there was
no commitment by the South on the abstract
question Of the power Of Congress over this
compromise; 1t wa. compromise agreed upon before
the adoption Of the constitution and under the last
days OF the old confederation at time when IL was
hardly eompos menns. II could not be quoted as n
power Of the constitutions the South faithfully adhered
to their part OF this ordinance They have acaueeced
in the admission Of all the slaveholding states
carved out Of the Northwest territory under the
Of the ordinance. am sorry to say that the North
have not faithfully kept their part Of this compromise
Instead Of restoring slaves all these Northwestern
States, except Illinois and Wisconsin, have passrd
laws against the restoration Of fugitive slaves The
Northwest have done more--they have given counte-
nance to organized companies and permitted Thea to
pllfsr our slaves, and TO run tbsm III to Canada.