The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-11

tended to be only temporary in its duration; the President
Is clothed with legislative powers and, in the estab
ishmen OF 'needful rules and regulations" he is ex
fressiy confined TO the limits oil the constitution More
over The whole arrangement is liable to be superseded
at any moment by the future action of Congress With
these wholesome safeguards there but little reason TO
apprehend abuses by the President the execution of
the provisions OF this amendment will conhie ia his
patriotism, his pighted fidelity TO the constitution and
ms sense oil asce to every portion and interest of the
coniedefacy VIII waive all minor objections for the
sake OF giving law and government 10 our unprotected
territories beyond the Rio Grande.
The grounds OF opposition 10 this amendment which
have been relied on in this debate, scarcely worthy
OF serious RETALIATION. The principal objection urged
against il is the raised by the senator from New Jer
sey, MIR. DAYToN1 Ii is, that the constitution of the
United States does not extend 10 territories propro uieoe
and that II aot competent for Congress thus TO extend
il by legislative enactment Sir, shall pause to dis
cuss the question whether the constitution extends per Sc
to territories. am content with the southern view OF
il, which has been trumphany maintained by other
senators, and particularly by the senator from South
Carolina, MIR CALHOUN in the debate which he con.
Quoted on yesterday with the member from Massachu-
sets, (Mr. WEBsTER,l entertain not the shadow OF
doubt that the constitution of the United States so
lar as lis provisions are applicable, does extend TO
territories | do believe that the Supreme Court
ever has or ever will decide to the contrary. So far
from this, believe the of Canter, in / Peterss
Reports, page Sill which has been relied on to sup.
port the proposition advanced by the member from New
Jersey, Mr.. DAYTON, j recognises principle which, if
correct land il has been dsputed) susans most
amply The pOsitlOn Tor when the South contends In
delivering his opinion in that case. Chief Justice Mar
SHALL speaking of the effect OF cessIon by treaty upon
the relations of the inhabitants OF the territory ceded
said
allegiance of those who remain III 1T, and the law which
may be denonnated political is necessarily changed"
1t follows. therefore, as an irresistible inference, that
the law OF the conquerng country (Which may be de-
nominated politician supevenes. Now, what law of the
United States ''may be denomnated political ?" Is NOT
emphatically the constitution ! 1t is perfectly clear
N uhI treat of
between this government and Mexico executed, the
constitution. which is the political law of the United
States extended over the territories OF New Mexico
aud California
Nor shall pause discuss the power of Congress to
extend the constitution, by legislative act these ter
rories. 1t is absurd TO deny such power Lament
able, indeed, is the condition of the inhabitants of New
Mexico and California, II it be not competent Tor Con.
gress to afford them The benefits of our constitution
More lamentabe sllll the condition Of those Of our e
low citizens who have emigated thithe in obedience
spirit OF enterprise and adventure, which pervades the
entire extenof the republic. The assumption OF sacha
position shows concusvey the subterfuges to which the
enemies of the South will resort 10 accomplish their hos
tile designs against her peculiar institutions
But, sir desire to notice particularly the obvious
Jersey [Mr DAYroN1 to the amendment under con.
sderaon That motive has been ayowed 1t has been
endorsed by several senator's from the North, and dsap
proved of But by two or three desire hold ii upo
the special contemplation of the people OF the South that
they may examine and weigh 1t; that they may and
know the feelings which northern gentlemen entertain
towards them. The senator from New Jersey Mr. DAr
ROM says:
"But you do extend its operation by legislative
ment then you alter the position OF certain great Interests
the operation Of the constitution, they have right take
slaves wherever that constitution reaches It does
reach according to judicial decisions to California. You
seek, by special this amendment, make the
slution overeach California and New Mexico and thus
give according the southern of their shts under
the constitution, privilege which they would not other
wise have la the first place. say that you cannot by
Legislative ent the constitution and if you
DID, would right, under existing circumstances,
to change the relative position in which parties stand in
Now, sir what is the plain import OF this declaration!
1t is this The North declare that the constitution does
not extend TO errorlcs and therefore the South can
have right to carry their slaves to New Mexico and
California. When it is asked to extend the const,u
ton over them, they say they will not, even ii Congress
has the power to do so, because they upwhng for
the South to enjoy the benefit Of its guarantees Hereto
fore the North has been content TO rest upon their opn
ion that, under the constitution, the South carry
slaves into New Mexico and California. had thought
that the whole controversy related to this single point
But has assumed new and an alarming aspect II is
now openly avowed that, though the constitution
secure this right the South is TO be solemny denied its
benefit Sir, repeat wish present this in bold relief
to the people of the South wish to reyerberate from
the Potomac TO the remotest boundary of the southern
States. until II shall reach every city, town. hamlet, and
haoIlaton, ana arouse the down.hodden masses to
sense OF the danger to their rights which threatened by
the reckless and exclusive spirit OF northern aggression
Mr. President. some southern gentlemen have ex.
pressed surprise at the announcement of such position
this Senate has occasion to know, that the great body OF
the North are unwilling to permit the South to enjoy The
rights winch are guaranteed to her by the constitution in
the newlyacqured territories OF the United States Per-
haps has not heretofore been exhibited in the shape
which it now assumes; but it has been manifested ina
manner not less equvocal. Has the Senate forgotten
the history oil the compromise bill of the last session
Have they forgotten the main feature which that bill
braced Sir what was that history and what that
feature
Early in the last session of Congress IS, the Committee
m Or,a1 hill fha 10 foruoa
territorial government OF Oregon. The twelfth section
OF that bill ratified and declared to be in force the laws
and ordinances of the provisional government which
the people of that territory had established for themselves,
IN the absence OF any organization by Congress Among
these, there was decree that involuntary servtude
should not exist therein We OF the South believed that
TO rafy and declare such restriction TO be in force in
gress, to prohibit slavery by legislative enactment
Against the exercise OF such power protested; and
therefore exciting debate elected upon the general
subject not only in reference to Oregon but also Caor-
MIA and New Mexico. We exhibited willingness to
vote Tor the BILL If the twelfth section should be stricken
out Accordingly the senator from Indiana MIR. BRIGT]
moved to do But the question was moi taken mme
he withdrew the motion on the next morning. 1t was
Immediately renewed by my colleague, Mr.. BERRENl
Indications were very soon exhibited that the motion
could net prevail and that the slavery restriction would
for the first time, be forced upon u.s. The senator from
Indiana MIR. BRIsuT] then offered, by way of amend,
Inent, what is known the {" Missouri compromise
1t was very soon ascertaned that this would not pass
to amend the twelfth section by adding proviso, Thai
nothing contained in the said shall be construed a,
10 authorize the prohibition OF domestic slavery in sad
territory whilst II remains in the condition oil errIoryW