The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-07-06

wi tuS ptoftSo suPfOfh~'
abolished slavefy-abollshed II, then exls
ting by law-and shut it up from The slave
emigration Of the South. And now wha
becomes of The dogma in his mouth, ant
that Of his followers, SO recently invented
Of no power in Congress TO legislaie upoI
the subject Of slavery IN territories Wha
becomes, in their mouths, of the new fan
gled point of honor, just felt for the frs
time in thirty years, Of insult TO slave
States in their exclusion from settlement
in the territories bought by the blood anC
treasure Of the whole Union !"
He then reviews the conduct Of MIR. Cal
houn with great severity IN relation TO thu
Florida treaty, The Indian policy, the an
nexa.ion Of Texas, his hostility 10 Gener
al jackson, and talks abou, qualification
and disunion doctrines.
Mr.. B. undertakes to show also tina, Mr.
/ Calhoun not only supported the abolition
of slavery in territories. but also 10 a State
the State of Texas. He says;
"In the session of lsiI-'45, two resell
u,ions were adopted for the admission Of
the State of Texas; one, single and absoi.
u,e-with the Missouri compromise in II
the other authorizing negotiations with
Texas for admission on an equal footing
with the original States. The Senator from
South Carolina was the Secretary OF State
and virtual President of the United States
and in that capacity, he seized upon the
absolute resolution, selected II, and applied
it to the State Of Texas, and thus run the
Missouri compiomise through that State,
thereby aboishing slavery in Sate-in
part of a State making one pant OF the
same State free soil, aud one part slave
soil, and so it stands at this day Before
that act Of Mr.. Calhoun The whole Slate Of
Texas was slave sol-made so by he laws
and constitution Of Texas.
Alter somo particular notice Of the Mis-
souri, resolutions, Col. b. comes TO The
main point, in which he declares il is ab
surd 10 deny TO Congress the power TO leg
islale as il pleases upon the subject oI
slavery in the ,errltories-thall is absurd
10 claim 1t for the territories. They have
no form Of government but that which Con-
nress gives them. and no legislative power
but that which Congress allows them
Congress governs The territory as II pleas.
es, aud in way compatible with The con.
stiution, and Of tins any Stale that has
been territory is a complete example,
and Missouri as much 80 as any.
Congress has HE power TO prohibit or
admit slavery, and 10 one else. II is not
in he territories; Tor their governments
are the creatures OF Congress, and us dep
u,ies, so far as any legislative power is
concerned l. is no. ia the States separ.
atelv.
He then proceeds To remark on what he
calls the gross delu,Ion which has grown
out Of the political metaphysics Of Mr..
Calhoun, that citizens Of slave State have
the right TO remove with their slave prop.
erty into New Mexico and California
There IS nothing new in this par, of Col.
Benton's argument. II is simply that pro-
perty is in the law that creates It, and ihai
The law canno, be carried an inch beyond
the State that enacts 1t, and that If differ
ent rule prevailed there would De contn-
sion Of laws in the new territories. No
Judge could execute them. mo = says
Col B.,
The citizens of the States cannot car.
~ the laws Of their States with them "a
Oregon and California and i they could
What a Babel OF slave law would be there
Fourteen States, each carrying code elf
ferent, in many respects, from each other
and all to be exercised by the same judge
IN territories where there IS no slave law
" hat absurdty No such thing can b.
done. The only effect OF carrying slave
there would be TO SCI lhem free. Ii woul,
be in vain to invoke he Constitution, ant
say il acknowledges property in slaves
Ii does so but thai Is confined 10 States.
The pext is what he calls a practica
point, and that is that Congress has III
constitutional poUfr 10 abolish slGuery i
the territories bot she has no slave terri
tory IN which TO exercise the power.
have no territory he says, bur the remain
der Of Louisiana north and west o! Mi,
soun-that in California, New Mexico an
Oregon-and that north Of W lsconsin, no.
Minnesota la Louisiana, north and ives
Of us, IT was abolished by Congress
> 1920. In the territory north o. WIscoI
) sin. now Minnesota, IL vas abolished by tn
!. jefferson pro,lso Of lT57. In Oregon
was abolished by Congress 10 l-4s,
J. what YOU may call the Benton provlso,
3. you please. In New Mexico aud Califo
I uia II was abolished by the Mexican 20
y eminent in 1879, confirmed in 1887, al
again 10 lsii.
After giving copies Of he decree Of II
!. Mexican movement Of 1929, and the Ia
q Of 1887, he adds
u "This is the decree, and this IS he q
o Of Congress confirming i, aboi.hlng sIav
!. ry throughou the Mexican republic. III
y constitution Of l344 does not abolish slag
e ~, for that was done before, but prohibI
n lis future establishment. Thus, there.
d 10 slavery now Ia Mexico aud California
D and cousf quenly none IN any territory i
], longing to the United States aud, cons