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


that Territory competent to those laws, why
they are competent TO repeal them, and u
do not know that the difference is very important be.
tween providing "Be 1t enacted that certain law passed
so and shall remain in force until the future action oil
the legislature and providing Be il enacted that such
a law shall be in force longer unless il shall be the
pleasure OF the legislature 10 continue il" think the
power TO do thing competent TO do the other II Is
the most immaeria thing in the world in my judgment
and before would hazard the peace OF the country and
leopard these bills distinction like that, throwing
these Territories out OF the protection OF law, | can
only say that would select 10 stultfy myself in
other manner.
But there is another view OF the subject more worthy
in my Judgment OF the consideration OF the Senate.
approve OF this provision because know the people OF
Oregon 10 be OF my way OF thinking Having expressed
their views and believing, without doubt or hesitation
that such would continue 10 be the views of that people
was willing TO say TO them go on and exclude this insti
tuition, as would If | were among you suppose this
concession to people whose opinions have already been
expressed this subject and whose adherence TO them
hereafter be doubted is to be regarded as dodg
ing and skulkng" this question No from the South
has the least expectation that slavery will ever get into
Oregon. Every consideration forblds it. Now whether
the territorial government continue the law in force,
cordIng the plan OF this bill by enactment or
leave II as the bill stood when printed, force until
peaed IN either event the matter is subject CONTROL
Tor they do neither the thing the other with
out consent and take the liberty add, without
anything OF the kind having been expressed to that
II the people OF Oregon, at the meeting OF their lcglsa
lure, should perpe,uate this law, southern gentlemen
would not withhold their acqniescence. They would
II.
about Oregon IN the committee was conceded as Tree
territory We all OF one mind, and II would be eX
uemely unfortunate if this criticism OF the bill should
destroy measure upon which, in that committee, com
posed OF the ultrss tins subject all were well
agreed | nothing about this restriction OF three
months, and for the reason which have mentioned II
they choose to peTpeuae the law, give them my sane
ton There ground TO appehend that there Will be
any controversy about IT.
The question now arises with respect to the other Ter
ritores-New Mexico and California Why do we put
them upon different footing The answer is easy:
thought that the people Of Oregon could be nused with
the elective franchise. But not justified in ex
tending that degree OF confidence TO the population OF
New Mexico and California. In this point OF view be
lieve that the Senate will concur with An elective
government IN Oregon Is nothing less than the
exercise OF the elective franchise by people,
brought up and Instructed under institutions The
exercise OF that franchise by The mongrel population
New Mexico and California would be broad farce
as could be enacted. Hence made the difference
The question then wa how we could organize gov
for these Territories without involving ourselves
in this question OF slavery. After having rejected the
idea OF elective legislature there, il proposed
TO organize government on what is called the print
tive plan-Consstng OF governor and Judges, ap
pointed BY the President of the United States As
northern man | objected to that proposition without "A
restriction upon the introduction OF slavery.
IN favor OF removing this great question from the hands
and control OF the Senate | not disposed TO send
the power adrt seek lodgings in some tenement about
this city. | was not disposed to suffer il to take refuge
with these appolnees of the President What was the
result OF my objection? prohibition included in
the bill, restraining these temporary governments from
w,
utter asonishment told that have concurred in
measure which perpetuates slavery those countries
How so' Why, says the honorable senator from Maine
you have prohibited these men from excluding sup
pose all agreed that is not there now and that
it could not be brought there without legislation; and
the simplicity of my heart and the simplicity of my intel
lect lsupposed that il local regulation were already
made which forbade the institution, and that regulation
were left in force the institution would be eecuay
cluded. My idea OF the matter is simply this that the in
siution being already excluded, if you forbade any
change of the law i really was excluded forever.
This is one Of the objections going the rounds of the
newspapers and on account of which the committee is
threatened with "burning in effgy." We of New Eng
land have been accused of not only selling constu-
ens but ourselves TO perpetual disgrace, and all because
we happened to believe in the old Yankee maxim OF let
ting well enough alone.
What more Do gentlemen require than is given in this
fault can be found with it. II they demand an express
prohibition OF slavery, here is local law existing
there prohibiting the institution law which we recog
that way make the prohibition any sronger' II would
be work OF supererogaton. The committee might have
decided upon the Wlmot Proviso; and, if had
ceeded in introducing it into this bill, does any sup
pose that we would have thereby changed the opinion
vote OF any upon this floor No, sir; the Wmot
Proviso cannot be carried here
Ii | am right in these views, (and southern gentlemen
can Judge whether am or not-they am
addressing myself to directors who agree with in the
general principles advance ask why should l. have
entered into idle contest about punclio For with
these views, the Wmo Proviso nothing but pune
tho Its object is effected by other
now 10 Inc judicial power OF the bill. And here
sir, permit me TO advert to another objection which has
gone abroad in regard to this bill, equally unfounded
1t has been said that this bill refers the matter to the Su-
preme Court and that have endeavoed to escape re-
spOnsbilty by throwing duty upon them No great
mistake can be made The bill refers nothing to that
court which tails within the constitutional power of Con-
Gress, anything which does not belong TO them in
dependeny OF our action. This subject presents itself
two aspects: First, legislative question Congress
possessing the exclusive power of legislation these
Territories the question is first presented one of
legislation merely. What law should be passed on this
subject OF slavery? Shall ii be admitted or prohibited
These questions must be settled by in our discretion
They cannot be referred to the Supreme Court; the bill
does not profess to do But, as have endeavored to
prove have settled this matter far as our egisa-
uon can settle il, against the introduction of slavery
First in regard TO Oregon, by continuing their laws in
force tor the present. and leaving the their e-
gslauon IN future, with negative upon their action
Congress, which will prevent the introduction of slavery
without assent 1t agreed on all hands that slave
~ cannot exist without a positive law allowing it
Should they be disposed TO enact such law which no
supposes will ever be the case, have control
over it.
Secondly, in regard to New Mexico and California by
leaving their present law excluding slavery in force and
prohibiting the Territorial legislature from changing it.
This is all which be done. To add prohibition of
sanction the exclusion; and secondly, if did, sub
sequent Congress might repeal il. We have done all
which do.
In the positions which these results are founded all
gentlemen on both sides agree with me- | will repeat
them;
l. Slavery exists only by force OF positive law in its
faver
g. There is now no law in those provinces allowing it,
but IT has been expressy abolished there
10,