The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-16

sfiional convention did not design TO grant any such
bss" omitted thai clause would have been stipulation
precisely like the other clauses, and having the
effect mo more, no less-no narrower, no broader II
could have been derived from TO Congress To enable
Congress TO egslate, q special grant was necessary
s ne amy u q
have been designed, and must have been intended as
denial OF such power.
Are senators prepared 70 adopt The broad proposition
upon which the Supreme Court rested and We're obliged
20 rest the assertion OF the TO egsaie on the extra
diton Of fugtyes namely that wherever the consttu
ton confers right enjons duty, power arises TO
the federal government to enforce the right compel the
duty Are they prepared to carry this doctrine into lis
practical results Is not obvious that ii will open
new and very copious source Of powers to the general
government and that il must tend to the subvesion OF
The rights OF the States and The establishment Of con-
sodated central power dangerous to their Independence
have said, Mr. President, that the several clauses
providing for the exraditon Of fugves from justice,
States OF the rights of the citizens OF each State are in
the nature OF treaty shpuatons to be carried into effect
by the appropriate action Of the State governments.
ments to determine. II is for them to ascertain the true
import OF the terms Of the compact and to provide for
its execution BY such legislation win guard equally the
Just rights Of all parties But, sir those States who
claim the performance of the compact from their sister
States must see TO i that they perform it themselves
S;.s which lnpIsoSs without pIetence Of crime. the
grace, the surrender OF fugitives
But sir. If it be granted that Congress- has the power
power without question: to enact bankrupt law i but
no one proposes such law and, if proposed, no one
would feel obliged 70 vote for il, simply because we
but to declare war without just cause would be- not
duty but crime The power to provide by law for the
extradion Of fugitves is not conferred by any express
powers and the implication which gives to is say
the least, remote and doubtful We not bound to
exercise II We are bound indeed. not 70 exercise it.
fsaI
merely 70 the alleged right sought be secured, but
every other right which may be affected BY it, We're the
power g clear r. the power e coin money Or regulate
Of any right which the constitution guarantees We
notprepared, hope, and trust shall be pre-
pared to give the sanction OF the American Senate to
the bill and the amendments now upon our ,able-a bill
which authorizes and requires the appointment Of two
hundred and sixtyone commissioners, and an indefinite
number Of other officers TO catch runaway slaves in the
State OF Ohio; which Furnishes humanity a crime /;
which authorizes seizure without process, trial without
lurys and consignment 70 slavery beyond the limits OF
the State without opportunity Of defence, and upon
parts testimony Certainly no such bill can receive my
vote.
Il Is further proposed Mr. President, blythe senator
from Kentucky, to establish governments for e Terrific
res acquired from Mexico without any prohibition Of
slavery He proposes. also. 70 declare by resolution that
slavery does not exist in those Territories and is
moi likely to be introduced into them.
Mi. President, no question has been discussed Of
late years than this OF The territorial prohibition OF slavery
Upon the rosium, in Legislative halls, the street. by the
freside. everywhere, has been topic OF debate, APP
peal and conversation From the moment that it became
evident that the Mexican result in vast
sons of domain, earnest desire, which soon manred
into fixed determination, manifested by large ma
jory of the American people that slavery should be for
able the northern democracy that the FIRST proposition
to impress forever upon The soil OF the territory, the
signature and seal Of freedom, came from northern
democrat. distinguished for fidelity TO democratic Prin
cpes, and received with favor by the great body of
his political associates Itswas equally honorable to
northern wings that they were not deferred by its demo-
fha
and general support 1t revival after the lapse
OF sxtytwo years, OF the territorial policy OF Jefferson
s,s ss 70 he
measure and its author.
During The last presidential canvass hard TO find
in the free States opponent OF slavery prohibition
The people had considered The subject and had made up
their minds. There need, therefore, OF argument
70 establish the correctness OF the principle or the neces
siv OF the measure The only contest was upon the
question, whose election most certain to the
exclusion OF slavery from the Territories.
On the wing side, il was urged that the candidate Of
the Philadelphia Convention was, ii not positively favor
able TO the Provso AT least pledged 10 leave the matter
to Congress- free from executive influence. and ready to
tierefore was laid upon the selection Of representatives
and senators devoted to this great and
asserted that majority Of the members OF the House
body, could be elected favorable the Poviso the free
dom OF the Territories would be secure.
II happened that the distinguished statesman who re-
ceved the nomination oil the Baltimore Convention for
the Chief Magstracy had written letter shortly before
thai event. in which he avowed a change of opinion in
regard to the Proyso which had resulted in conviction
that Congress had constitutional power enact IT,
Notwithstanding this letter. many of his friends in The
free States persisted in asserting that he would not, il
elected veto the Proviso many also insisted that he
gsrded slavery excluded from the Territories by the
Mexican laws still in force; while others maintained that
ne regarded slavery as an institution OF positive law,
and Congress constitutonay incompetent TO enact
such law and held, therefore, that impossible for
slavey to get into the Territories, whether Mexican law
was in force not II claimed accordingly, with
great confidence that in the OF the election OF that
eminent citizen, slavery would be efectually excluded
from the Territories by the action OF the administration
n il could possibly be by the Proviso
Not satisfied with the positions or the nominations OF
either OF these candidates. great body OF independent
democrats. progressive wings, and liberty men, united
upon platform OF democratic principles and measures
under the banner OF tree democracy, in support oil dem
ocrac statesman who had already been honoed with the
chief magisacy, and whose opposition to the extension
OF slavery and cordial approval Of the great OF
prohibition which had received sanction so unanimous
from the people, was well known and undoubfed
Well sir, professions OF devotion 10 free soil principles
literally and even prodgay made by the supporters OF
the Philadelphia and Baltimore nominees reinforced by
party discipline and party attachments, far prevailed
with the people that the nominee OF the tree democracy
received only about three hundred thousand votes.
AS between the other candidates. the argument address
ed 10 the people by the friends OF the Philadelphia nom
nation substance this prohibition essential 10
the certain exclusion OF slavery from The Teories il
the democratic candidate shall be elected prohibition is
impossible, for the veto will be used il the wing cand
dale shall be elected. prohibition Is certain provided you
elect Congress who will carry out your will: vote,
therefore, for The wing candidate
a a.