Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-09-15

have only to say that we so UNNECESSARILY pre-
fer the prcciical and simple measure of rRoHr-
BiTioN that we continue to dislike the Compro-
mise Bill. This is precisely the view we have
taken Of the subject, while at no time have W.
hcsitatcd to say, as say now, that neither
our respect for, nor confidence in, the entire
fidelity Of Judge PHELPS to his own principles
and the principles Of the State involved in the
topic. has in any way decreased.
TO TIE FREEMEN OF VERMONT
Holding myself responsible to my constituency for
my official conduct deem an explanation Of my
course recent occasion due both to that cons!-
tucncy and myself Much excitement seems to have
occurred in relation to the bill for the establishment
OF Government in the newly acquired territory, (coin-
monty called the " Compromise bill - reported by the
Select Committee oi the Senate oi which Committee
was n member and some structures, not very favor
able, have been made in the public prints, upon my
come xion with that measure. have never doubted
that could yindicatc my conduct ON that occHsou,
in the Judgment of all intelligent and impartial men
! Ny reasons for concurring in that bill III the Commit
tee and sustaining ii IN the Senate fully given
on the floor OF the Senate but unfortunately my r.
marks imperiectly and inaccurately reported
to the public, as to give no nelligble representation
/ OF my views Circumstances have delayed their
Publication in more authentic and satisfactory form;
but they will be laid before the public in a very few
DAYS ms published under my inspection
! In the mean time, ] avail myself OF the earliest
leisure after being released from most arduous and
ialiguing session, to ask suspension OF opinion
/ til the grounds OF my action can be understood At
the time, it will not be improper to correct the
very great msapprt henslon which has prevailed IN
relation to that measure The bill III the outset
grossly misreprcsenttd and of course, grossly mi
dersood and, to a very great extent, was condern-
ned before its import and effect were known.
voted tor that bill with a 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 that
clusion venture say, member OF the Senate of
any party doubts That such would have been The
effect Of the bill, had it become a law so far as HE
legislation OF Congress effect that object, mann
tain now. And do so by course OF argument used
in vndication of my before the Senate, which
member Oft that body ventured 10 cODtroyert. Its
-oundness admitted by political friends and poll
tical opponents, by those who advocated and those
who opposed the bill. An epltome will be given.
The bill, although long one, confirmed but TWO
illusions to the subject OF Slavery The first was
prohibition to the territorial legislature 10 rnss any
law the subject. The second gave an appeal from
tue territorial judiciary TO the supreme Court OF the
United States all where question OF Slavery
was introduced. The Objectionable features OF the
bill, it they exist ALL must be found in one or both
OF these provisions
Slavery lhy which mean African slavery
abolished in all the territories OF Mexico
. Isl. By decree Of Guerrero, while Dictator in
the year 1899 This was done in the couise OF n rev.
oIution, and might perhaps be considered abrogated
=. by Il counter revolution.
oily. BY the Constitution OF 1884
Billy BY decree OF the Mexican Congress of the
9Th OF April, 1887. FMS decree has been obtained
from the Department oi the State, and has been pub
li>hed IN the various newspapers OF the country. 1t
Is not deemed necessary to repeat 1t here
ithly. The Mexican Government was bound by
treaty with Great Britain, not to allow Slavery in any
of the territories of the Republic; which of course
prohibits its restoration.
Such was the law of New Mexico and California
when the ccs ion to the United States took place. By
the law OF nations and OF the civilized world the laws
of conquered or ceded territory, tar Mt all events
as they relate 10 right ut property and private nights.
remain III iorcc until superseded by the legislation of
the acquiring y1wer!or in other words tIlhat powt
enhcts new laws. II authority is demanded Tor ms
position, il may be found IN the late decision Of the
Supreme Court of the United States, in me case OF
Hon crson vs. Poinde Xtrr. 18th Peers Rap'rs
, The decree OF the Mexican Congress OF the 9Th
Apr 1881, was therefore IN force when the bill oi tle
Con,'t"e was reported to the Srna;', and sin forte
get. What then did the Committees Bill propose
IL dll not then propose To repeal the local ilw OF those
provinces, but ON the contrary prohibited tine loca
lrgl-4tnre from changing Il TINS prohibition orig
mated with me. ,rGs The FIRST n SH-IcSt a, ami
dtI 50 irlth rlew II psrPcfuGtc tie criStH. hlc If
tl1Se P'oriaccs tchich prohjH Sarory latte did I
inaglnr at that moment, that was exposing my Il
10 Inc charge OF incorporating my constituency or
adyocntiQ9 tne extension OF Slavery.
But ,Ise l. anoner principle wlic may be noticed
here, SNveiy Is local institution, sung only by
p,S'ye iHW IL caunot te transferred 10 Jurlsdlc
where no sn'h law exists The consequence f, that
tG % rHrn y | p vs. IT., INTO s rrse S''le becoa,
~,
the Constitution Of the United Suites which was IN
trpsuced INTO that Instrument because, without IT, The.
!vann OF mns'e, and Slave would not ID, recognized
IN tree STATE. The result i that Slave taken iu,o
: one OF These territories would become free
~ nc "iI men Would exclude slavery eiiectuaiy as
the legislation ct Congrcs> can do it. 1t is II ns ef
lcctual 10 tins purpose as the " luut Pruyi,o Tn
language Of that Proyiso Is that slavery shall NOT lac
permitted m these terrore,tha' OF the b Is slavery
IS now prohibited there by law--lst tl,t ,,, ,.,,,a
1t shall not be altered.
d. ne bil' has been represented Is settling nohnr
as icdSIhS every thing at loose ends as really ptobb-
I- me people from excluding slavery II they would
4. TINS may be said long the cris,ips La,r M
t'ose teH1fpIcs rs Kept out NJ sgai-nay II one as
sumo lha' 'he previous aw there sanctioned slavery
- lnuch more might be slld-The bill then wond per-
Prtuatt slavery. But the effect Of the b,l i IA b
judged by reference to the state OF Things unon vbib
n II Is to operate 1t Is alI-imponaut to know what
i' laW Is winch Is not to be changed exclude,
slavery ANA Is confirmed and pcTpt tunted hy m. hi
M question, how be said that the bin onth,,i,
he extension OF slavery! How can slavery h, iriro
= Ittu ucie oilssauiiy with tins bill And how can
: ne charged with abandoning the Irncn'es ~ M.
. representing the sentiments OF NV Constituents w
another gorgeous error in regard to his hi, is I'M,
% ,''ul Oo res ,nicaNorcd TO throw off their dury
anu u'lt responsibility upon the Supreme Court :.
maj tie bill would call in the Ssprslnc Com, -, ],
e ,ntt uny' rms Is great mistake. The bin refers
% n'uliS 10 mat Court. 1t does not mention or nIIus
l" mat Court except 1t provides Tor an onreoG ron
heluIcla tribunal proposed to be es,nbiisbJ II, b
NHloiirs' to the Supreme Court. Il attemn,s I'm crn
on iO '-.S,a'Nf power on that Court, but as have
,,i 10 snow II proposed to exert the full ers-
ir'e power OF congress 10 the exclusion of slavery
y. s'Iti3nlhg and peGpeluating the existing p,ohibI
. n, Nha' Then Is lett 10 the Court II Is this :
4 Seram Southern gentlemen at the bend nj ~, :,
d ht oahoun insist that the Constitution Guarantee,
,.t people OF the South their property m slavery
- 'ey choose 10 20 10 the territories with their
slaves the guarantee would protect rhat nr9nr,,y ,b
i"y OF course INSIST that, the Constitution Is IN
a'Je III tnese newly acquired territories Il, oyerndes
%,'u nluls tle local aw-and further that Congress
n mas no power To interfere with Tins proner,v i5 ~
wIIIlorlts or erciuie theretT0m-that the " limo,
Io'iso' enacted by Congress. would be uncons,iIu
equally So VI 400
40" II these gentlemen are right, all our lenisla
non oN way OF prohibiting slavery goes for nnnsb,