The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-08
FoOlish tyrnts made il the emLlem Of degradation.


Loyalty was converted into hate-thc rest is his
tory. Profit by its teachings. | demand to-day
that protection for my constituents which we have
never withheld from you. II Is the price of our al
Iegiance. Let US understand each other We hold
it to be the duty of this Government protect the
persons and property of the citizens Of the United
States wherever its flag floats and it has paramount
jurisdiction. And AS just corollary from this
principle, affirm that, the Territories Of the
United States are the common property of the peo-
pie of the several States have the right TO enter
them with hocks and our herds, with our men
servants and our maid servants. and whatever else
the laws Of any of the States OF this Union declare
to be property, and to receive full and ample pro-
lection from common Government until its
authority is rightfuily superseded by State Gov
ernment. This Is equity. this is what we call
equality; and i is what you would call equity
and equality but for your crusade against slavery.
We do not demand as is constantly alleged ON
this floor and elsewhere, that you shall establish
slavery in the Territories ] have endeavored TO
" fixed fact' in your system We ask protec
ton against all hostile impediments to the intro
duction and peaccabe enjoyment Of all OF our pro-
perty in the Territories. Whether these impcdi-
ments arise from foreign laws or from any pretend
ed domestic authority, hold it to be your duty
to remove them. Foreign laws only exist in
acquired territory by your will express or implied.
II is fraud on our rights TO permit them to
main to prejudice This new doctrine, assert
ing the right of the squatters the public domain
to assume sovereignty over it, in its Territorial state
was concocted only for Presidential campaign.
1t failed OF its purpose. and is now brought into
general contempt. II is believed to be without
defender except in its putative father. Congress
alone has the right to legslate for the Territories
until they shall be prepared for admission into the
Union. At that period they have the right to form
restriction that it shall be republican When they
shall be admitted, and what shall be their bounda
ries, and who shall participate in the formation of
their government, are proper subjects for legisla
tive discretion. Congress has no power over the
character Of their domestic institutions. Acting
upon these principles at the last session of Congress
gave my support to the bill for the admission Of
California into the Union, introduced by gentle
man from Virginia, (Mr. PREsToS,) who now
with SO much honor TO himself and advantage to
the country, presides over of the great depart
ments of this Government. That bill authorized
the people of California to form their own institu-
tions according TO their own wishes. Northern
gentlemen thrust in their ant-slavery proviso, and
the bill was defeated. Now find the same gem
tlemen Jealous for the admission of California
II is from no just regard TO sound principles that
they have changed their action. The people of
California have inserted the proviso for them they
have thus secured their end and therefore change
their policy. My objections to the California bill
OF the last session were numerous and grave, but
it had the great advantage Of settling the whole
question without any violation of sound principles
| therefore overcame my objections, and gave it
my cordial and earnest support. The bill now be-
fore for the admission of California has not
tnat merit IL mas all the oDectlons tnat exstes,
against the former bill, with still graver ones SUI
peradded, and is without the merit of closing the
question. II settles nothing but the addition Of
another -slaveholding State to the Union, thus
giving the predominating interest additional power
TO settle more fully the territorial questions which
it leaves unadjusted. In this state of the question
il cannot receive my support.
Those who claim the power in Congress TO ex
clude slavery from the Territories, rely rather on
majority than principal to support it, They af-
hrm, with singular ignorance Of want of fidelity
to, the facts, that Congress has, from the begin.
ming of the Government, uniformly claimed and
repeatedly exercised, the power discourage slave
ry and TO exclude it from the Territories. NY In
vestgation OF the subject has satisfied my own mind
that neither position is sustained by a single prece
dent. exclude Of course, egislaton prohibitin o.
the African slave trade; and I hold the ordinanc9e
OF lS7 not to be within the principle asserted For
the first thirty years of history this general
duty to protect this great interest EQUALLY with
every other, was universally admitted and fairly
performed by every department of the Govern ment
The act OF 1893 was passed TO secure the delivery
up OF fugitives from labor escaping 10 the nom
slaveholding States; your navigation laws author
ized their transportation ON the high The Gov
crnment demanded, and repeatedly received. com
pensation Tor the owners of slaves for injuries aus
of foreign governments II not only protected us
upon the high seas hut followed us to foreign anda
where we had been driven by the dangers OF the sea
and protected slave property when thus cast even
The slave property Of our people was protected
against the incursions of Indians by your military
power and public treaties The citizens of Georgia
have received hundreds Of thousands of dollars
,nrough your treaties Tor Indian depredations upon
this species Of property. That clause Of tho treaty.
OF Ghent which provided compensation for proper
ty destroyed or taken by the British government.
placed slavery precisely upon the same ground with
other proPertyj and New England man Mr.
AoAssl ably and faithfully maintained the rights
OF the STAKEHOLDER under il at the Court OF ST
James. Then the Government was administered
according 10 the Constitution, and not according
TO what is now called the spirit Of the age" Those
legislators looked for political powers and public
duties IN the organic law which political colnlnu-
mites had laid down for their guidance and goy-
ernment Humanity mongers, athcistical social
ists, who would upturn the moral, social, and po-
iical foundations Of society, who wond substitute.
the folly OF men for the wisdom OF God were then
justly considered the enemies of the human
race, and as deserving the contempt, if not the
execraton, Of all mankind
Until the year 1920 your territorial legislation
was marked by the samo general spirit of fairness
and justice. Notwithstanding the constant asser-
uons 70 the contrary by gentlemen from the North
up To that period no act was ever passed by Con-
gress maintaining or asserting the primary const-
tutonal power TO prevent any citizen of the United
States owning slaves from removing with them 10
our territories and there receiving legal protection
Tor this property. Until that time such persons
did so remove into all the territories owned or ac-
~ NhS tHttcu otalCss except the Northwest
Territory, and were there adequately protected
The action OF Congress in reference 10 the ordi-
nance of 1851 does not contravene this principle
THAT ordinance was passed the 18th Of july
ISL before the adoption Of our present Constiti,
uon. IL purported ON its face to be a perpetual
compact between the State Of Virginia the poonle
Of the Territory, and the then Government OF The
United States, and unalterable cxcept by the CON
sent OF all the parties. When Congress met for
the first time under the new government ON the 4tb
of March, 1883, u found the government thus CO. !.
tabsbed by virtue OF this ordinance In actual
alton aud ON the 7th of August, 1859, IL passed
law making the Offices Of governor and secretary
oi the Territory conform To the Constitution of the
new government. u did nothing more Il made
no reference to the sixth and last section al the
ordinance which inhibited slavery The division
d that Territory was provided for in tho ordinance;
u each division, the whole Of the or,lnapce was
assigned by Congress 10 each of its parts This
: the whole sum and substance Of the Frce-Soil
lam TO legislative prccodOnts. Congress did not
assert The right to alter solemn compact entered
INTO with the iormer government, but gave it, con
sent by It's legislation " the governments tstab-
lished and provided for la the compact ii the
original compact void for want Of power in
the old government "a make il. as Mr Madison
supposed, Congress may not have boen bound To-
accept tit certainly had no power TO alter IA
From these facts and principles IA s clear that the