The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-21

require there the slightest danger that the
States within the territories would turn them into q
Babel as Col Benton contends. All may exist
without conflict confusion, by observing the plain
and simple rule OF duty and justice
There is another akin to thisthat the Mexican
California, when not particle of it's authority
sovereignty remains in either Their conquest by u.s.
and the treaty that followed extingushed the whole
and with it annuled all her aw applicable them,
except those relating to such rights property and
lations between individuals as may be necessary to
prevent anarchy; aud these continued only
by sufcrance and the implied authority OF the
querng country and not the authority ofthe
and only from the necessity Of the Her la
abolishiDg slavery not embraced ia the epon;
and if it were, it would be taken out of it the
sent OF Congress could not be implied to continue
law which 1t had no right to establish
. But stu higher erouns may be taken. The moment
and the whole with all its provisions, which,
from their nature applicable to territories carrying
with it. the joint sovereignty and authority of each
and all the States Of the Union, and sweeping away
every Mexican law incompatible with the rights, pro.
psrty and relations belonging to the citizens Of the
United States, without regard to what State they be-
long, or whether 1t be situate: in the northern
the southern section Of the Union. The citizens of
relations and person. in the common territories Of each
and all the States The same power that swept
all the laws IL Mexico, which made the Catholic
religion the exclusive religion Of the country and
which let in the religion of all denominations; which
of property Of almost every descrip.ion-some abso-
lutey and others under the condition paying duties
and letting them in duty free until otherwise provided
for, swept that which abolished slavery aud let in
property in slaves No distinction can be made be-
tween it and any other description of property or
thing consistently with the constitution, and the
equal rights OF the several States Df the Union aud
their citizens
But we are told by Col Benton that the question has
become mere abstraction of i'm portance that few
have gone into either territory except citizens of the
orh igners that they all opposed to
us What insult! What taunt us by telling as we
cannot go into thom because foreigners and Others
who have been let in freely and kept out by the
a IN Inv mSalf nnAh
associates have become sufficiently numerous to keep
out without the Intervention Of Congress to aid
be kept out by threats; and that to keep out tor
short time was one Of the ways to exclude ultimate
ly. What a comment on the equity and justice of the
government, that we, who have so freely spent our
blood and treasure to conquer the country should be
the and enjoyment of all that rabble of foreigners
which he enumerates, with such zest, as the efficient
means of exclusion Is there another instance OF
such an outrage to be found in the history other
goverbm emit that existed?
His avowa OF the doctrines of the abstonists will
have an effect he little suspected when he made it IL
furnishes pie evidence to show that he used decep
ton ia assigning his for declining to obey the in
struction his Legislature 1t will be remembered he
offered his that their resolutions instruct
ing him we've borrowed from mine, aud that mine
introduced for dsunon purposes. and that there was
no difference between them, except that mine aimed
directly ut disunion and theirs ultimately at the
thing. He added in effect, that his devotion to the
Union would not permit him to vote for resolutions
deeply tainted with dsunon. That was at the COM
mencement of his speech. We have in its concu-
mere fetch asagem to conceal his real motive, for
declining to obey them His real motive, as it
appears that he could not vote for them under
any circ ums tances Tor how coud aboonist, he
avowed himself TO be- possibly obey resolutions which
utterly at variance with their doctrines! To obey
would have involved him in papabe contradiction
much that 1t could not fail to PROSTATE and to
whelm him with shame nvuluerabe. This he saw, and
that he had alternative left bat to resign dsobey
He determined In favor Of the latter but this of itself
did not relieve him Of his dilemma lie knew we'll that
it would defeat his object come out boldly and say
former adj
Of the aboltionsts And hence he forced adopt
some other expedient and for that purpose adopted
the miserable pretext Of sanderou-ly charging and
my resolutions, and his own Legislature and their
solutions, with disunion and Of assigning that his
reason for not obeying them, when he knew that his
position made ID impossible for him to obey them But
hese not the only resolutions adopted by the Le
gislature OF his State to instruct him The previous
Legislature adopted others OF which he says that
they truly tbs Of the state and that he
obcyed thrm, not only in their letter, but spirit They
are in the following words:
Resolved That the pence, permanency and welfare
OF our National Union depend upon strict adherence
to the letter and spirit of the Sth section Of the OF
Congress OF the United States, entitled an act to
authorize the people Of the Missouri territory to form
copstituon and State government for the admission
of such State into the Union equal footing with
tho original States and prohibit slavery in certain
territories. approved March 9th, 1920"
Resolved That our Senators in the Congress Of the
United States are hereby Instructed and our repre-
provisions and the spirit Of the .ad sth section Of the
said act in all the questions which may come before
them In relation 10 the nzasn Of territories
or states. out 81 the territory now belonging to the
United States, or which hereafter may be acquired,
either by purchase, by treaty, or by conquest"
IL proper to oberve, hat the sth section to which
they refer contains the Missouri compromise, which
established SO. 30 as the dividing line between the
sleycholdpg and non slsveholdng States, drawn be-
tween the western boundary Of the State Of Missouri
and the western boundary Of Louisiana These reso-
fact he fagrapty violated them, by his vote for the
Oregon territorial BILL prohibiting slavery In that ter
Itory without any compromise annexed aud that too,
20 astert the principle OF the unlimited power of Con.
gress over tie territories and in open defiance c all
ccmpro mise lie calls that bill his prosso, aud well
he may tor he passed II whom 1t in his power to
defeat 1t. very few remarks will suffice to snow that
have not expressed myself stronger than truth
warrants.
The erst resolution asserts that the peace harmo-
ny, and welfare Of national Unien depends upon
srct adherence to the letter and sprit Of the Missouri
compromise and the last In structs their Sensors aud
Representatives. TO vote in accordance with its prov
sons and spirit in all questions which may up be-
fore them in relation to the organization ~ terri
tories states out 81 territories belonging to the
United States, on which hereafter may be acqurein
NO instruction could be more full plict assign
stronger motives for obeyipg them especially to
proiessing so great devotion to the Union. There IL
no mi.aking the meaning lie instructed to vote for
all bills In reference to the territories which may
form to the letter aud spirit Of the Missouri compro
mise and sgain,t all that do not; that H. to vote for all
that extend the line westward from Its terminus the
western boundary Of Texas-f for that IL t etterand
toscure 10 the South that portion of he territory lying
the southern side Of tn. line e.ctuay as that
comprcmse did In fact all the territory which lay on
Its southern side. and to vote against all bills that did
for that 1, meant by IL. spirit There good rea-
con to put in prit for IL was understood then that
the doctrine began to be broached that the laws
Mexico abolishipg slavery would continue in force nm
lees they repealed II not prevented by eHsc
tusl guard. No additional remarks make his DISC
besiepce more clear. and hs stands demned for
disObeybg the Instructions OF BIS Legislature which he
himself praises and which he does not pretend to
charge with disunion
notice in the progress of this communication that
Col Benton estnced unusual socitudc conouud the
Missouri compromise and all other compromises ~ the
kind with the Wmot yroviso attribute ID. in part,
to deire to screen himself from the odum 81 having
voted for the Wimot proyso By coufoundipg 10 With
other measures that far less offensive; bat said
that there vas another more powerful reason which
would be explained In the sequel That reason to
shelter himself II possible against the charge Of VIC
lane Instructions which he ackn swedgcd TO be above
exception II he could possibly establish that the Mis-
souri, compromise aud the Wilmot rroviso ideu-
teal he would have his constituents believe to obey
the one would be 10 obey the other But have shown