The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-24
washington, wednesday, JuIy -, 1850.


the right to destroy, Ideny il in the strongest
possible form, when show its obligation to
protect it, My State Government is bound
to protect my liberty, and when show that,
do admit that it can enslave me without
cause' 1t is bound also to protect my pro-
perry, and when ! show that, do ! admit
that il can seize and con6scate my property,
without compensation to me for it /? The
United States Government is bound to pro-
tect the property in the slave on the high
seas under the United States flag; and in
asserting that duty on its part, do admit it
has right to .confscate such property at
discretion And 90, in my opinion, it il
bound to protect it in the territories, as much
as on the high seas on shipboard, and under
the American flag? But that is sort Of
episode, and | will return to the first PROPOSE
ton, which is that by which propose to test
the bill under consideration. ~
! said that at the time the Clayton COM
promise bill was proposed, il it had provided
to cover all the territory included within the
proposed limits Of California with the Wilmot
Proviso, ! believed that not Southern
man would have voted for it. But, suppose
show that, by the action of this Govern
ment, direct or indirect, this territory has
been placed under the operation of the anti
slavery proviso, do not make out tae case
in relation to this bill, which would have
condemned it in the South with the senti-
ments which existed there during the pen
dency Of the Clayton compromise bill And
can ] not make good this proposition?
think can show that this constitution OF
California was unquestionably produced by
the action of this Government in its various
departments. First, by the omissiono Of Con-
gress to provide Territorial Governments
when it ought, and which would have ena-
bled us to try our right to settle with slaves
in the country; and next, by the action and
positive interference of the Executive We
know that Congress refused to pass bills
which, in my opinion, were concessions and
compromises from the South. Congress
refused to pass the Clayton bill. Some few
Southern men, it is true, voted against it,
but large majority voted for it. Itrefused
also to pass the proposition of the Senator
from Wisconsin, Mr.. Walker, most Of the
Southern men voting for it. Thus no Ter
ritorial Governments were established threats
Of the existence Of the Mexican law was
thrown out, and the Shareholder was deterr-
ed from carrying his slaves to California.
But to make the work of our exclusion per-
fectly certain, the Executive here inter-
vened, and pursued a system Of measures
which, however intended, had the effect Of
shutting US out ofthe country entirely. Sir,
| wish, and | mean to tread lightly on the
ashes of the dead, but sense of duty COM
pels me here to speak to point, reference
cal truth, and shall speak not in the spirit
of unfriendly but historical criticism. be-
lieve the late Executive was governed al
ways by patriotic motives; but he might err,
and in this instance think he did err most
grossly, and to the great injury and loss Of
the South. do not impute to him the de-
sign, but if such were the consequences Of
his action am bound to refer to them.
cannot make good my position, nor vindi-
cate myself, without looking to the course
of action which was pursued in relation to
that territory. | say, then, that the Ex-
ecutive also interferred and pursued sys-
tenn Of measures which not only violated the
Constitution of the United States, but led
inevitably to the formation of the present
California constitution, and to the introduc-
ton Of the anti-slavery clause which it con-
tains. There was no law Of Congress
which authorized the people Of California to
assemble in convention there was no pre-
vious action even Of the people Of the terri
tory calling convention, or expressing a
wish for one /; but the convention was called
into existence upon the invitation of the
Executive Of the United States. The mill
tary Governor undertook to distribute power
in the territory he undertook to prescribe
the qualifications of voters, and to say what
safeguards were to secure the purity Of the
ballot box-in word, he undertook to con-
troll this whole matter. When that conven-
ton met, thing occurred which, | suppose,
is unprecedented in the history of represen-
tative bodies. The convention, finding that
it was not strong enough, or MT satisfied
with the distribution Of power, voted to take
in not only those who were elected, but
those who were not elected; and believe
it will turn out, on examination, that as ma
ny, or more perhaps, Of its members were
not elected than those who were. Persons
who received certain number of votes are
said to have been admitted there, and when
the convention was thus filled in this anoma-
lous mode, it had the assistance to its delib-
erations Of an Executive agent. The
Executive sent out member OF Congress
while he was member Of Congress, and
paid him out Of the treasury without authori-
ty Of law. He thus conferred an important
Office on member Of Congress during the
recess. And to what abuses may such sys-
tenn lead If during the recess of Congress
the President may appoint member to an
honorable and agreeable mission, how long
can we expect, when such Offices become
profitable and numerous, and far more SO
in proportion to the number of its mem
bers than now, that the independence Of
Congress will exist' And this agent, so
Maid and sent out und ertook To advise This