Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1850-03-29

that when admitted, the State must be repub-
lean State. and must DO State-that is, 1t shall
have the constitutional power OF state. But
the greater includes the less; we may impose
conditions not inconsistent with those funda-
mental powers. Boundaries are such the
right to divide is such; the ordinance excluding
slavery is such condition. The organization
of Territory is ancillary or preliminary IL
is the nchoate initiative act OF ADMISSION, ana
is performed under the clause granting the
power necessary to execute the express powers
of the Constitution. This power comes from
the treaty making power also and th'nk u
is well traced to the power to make needlnl
rules and regulations concerning the pn0'lc 90
main. But the power is here to be exercised:
however derived; and the right to regulate
property TO administer justice III regard TO prop
ertv is assumed in every territorial charter
If we have power to legislate concerning prop
erty, we have concerning personal rights ftee-
dom is personal right. The Constitution does
not sanction property in man, and congress
being the Supreme Legislature, has the same
right in regard to property and rights in Terri
tories that the States would have II organize.
1t is insisted further, that the inhibition
unnecessary. And here | have to regret the
loss of able and distinguished Senators who
Especially do regret the separation from MS of
the able and distinguished Senator from Mis-
sour Mr. Benton.) When that Senator an
nounced that he should not sustain the ProvIso
of Freedom, was induced to exclaim--
Cur in theatram, Cato severe ycnisti
An ideo tantum veaeras ut eXlres!
But that distinguished Senator is GROWING a
lite of eminent public service, by bringing the
first State of the Pacific into the Union, and
grateful to him for that, freely leave to him
to determine for himself what weight he Will
give to the cause OF human freedom in his ac-
unn.on so grave an occasion.
The argument is that the Proviso is unnec-
essary. | answer, that there can be no error
in Insisting upon it. But why is it necessary :?
1t is said first, by reason Of The climate. II this
be so, why do not the representatives, OF the
Slave States yield the Proviso? They deny
that the climate prevents the introduction of
Slavery. Then will leave nothing to a con-
tingency. But in truth, think the argument
is against the proposition. is there any climate
where slavery has not existed ? 1t has prevail
ed all over Europe, from sunny Italy to bleak
England, and is existing now, stronger than III
any other land, in ce-b bound Russia.
But it will be replied hat this is not African
slavery. reioin, that only makes the case the
stronger. If this vigorous Saxon race of ours
was reduced to slavery while it retained the
courage Of semi barbarism, in its own high
Northern latitude, what security does climate
afford against the transportation OF the more
gentle, more duclle, and already enslaved ant
debased African, to the genial cline OF New
Mexico and Eastern California? Sir, there is
no climate uncongena to slavery. II is true
it's less productive than free labor, in mary
than free white labor, in even tropical climates
Labor is in quick demand in all new countries
slave labor is cheaper than free labor, and
will 90 first into new regions and wherever il
goes, it brings labor into dishonor, and therefore
free white labor avoids competition with it
Sir, might rely on climate, if had not beer
born in land where slavery existed and thai
land was all north of the 40lh parallel of lati-
tude-and if | did not know the struggIe that il
has cost, and which is yet going on to get com
/ ple.e relief from the institution and lis banefu
Consequences.
But, sir, it is said that slavery is prevented
by the laws of God from entering into the ter
rltory from which we propose to inhabt. /
will look into that matter little more closely
| wish, then, with the utmost respect, to ash
Senators whether the ordinance of l7S7 was
necessary or not? That ordinance has beer
the subject of too many euloginms to be now
pronounced IA vague and idle thing. That or
dnance carried the prohibition Of slavery quite
up to the 10th degree Of north latitude, and ye
we are now told that we can trust the Jaws o
God without any ordinance to exclude slavery
as far down as 36 deg. and 80 min. Uniurtu
nately, too, the ordinance of 1857 began on thu
37th parallel of north latitude, SO that there il
no part of the territory which it covered, il
81. ,l,..r.r
was not excluded by the law Of God. ! know
no better authority as to the laws OF God OF
this subject than one from whom have alrea
dy had occasion to quote with some freedom
and it is the opinen of Montesqueu that it i
only the incidence of mankind, and not the eli
mate, which causes the introduction Of SLAYER,
anywhere. There is no climate where SLAYER.
is necessary; there is none where it can not b.
established, if the customs and laws permit.
shall dwell only very briefly on the argu
ment derived from the Mexican laws TN
proposition that those laws must remain in fore
until altered by laws of our own is satisfactory
and so is the proposition that those MeXlca'
laws abolished and continued TO prohibit slave
ry and still deem an enactment by ourselve
wise and even necessary.
Both of the propositions | have stated ar
denied with as much confidence by Souther
statesmen and jurists as they are affirmed b
those of the free States. The population OF til
new territories is rapidly becoming an Amer
lcan one, to whom the Mexican code will seer
"A foreign one, entitled to little Difference O
obedience. Slavery has never obtained any
where by express Legislative authority, but al
ways by trampling down laws higherthan any
mere municipal aws-the law Of nature and {
nations. There can be no oppression in super