The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-08-24
Ottawa, Aug. %, 1850.
The Protest to the Passage o, the CaI,for.
min kill.

protest against the bill admitting California AS "A
State into the Journal of the senate
We feel that It Is not enough to have resisted
in bate, alone, bill So tgaught with mischief to
III, mon and 10 the States which We represent.
with all the resources ufarJument which we pos
se>,cd, hut that 1t Is also due to ourselves. the
people whose interests have been entrusted toour
care, and t. pu-,erity which even IN its most dis
r.nt generations may feel lS consequence To leave.
40 whatever form may hc most solemn and EN-
dmns memorial Of the opposition which We
have made To this me-urr. and If the reasons BY
which we have been governed, upon the pages Of
Journal which the Constitution required 10 be
kept 81 long a. the Senate may have an existence
We desire to place the reasons upon which We
are willing To be Judged by generations living and
yet to come, for our opposition to bill whose
consequences may be so durable aud porteutous
as 10 make /; an object Of deep interest to all who
may come after Tive have dlsseuted from this
bill, because 1t gives the sanction OF law and thus
imparts validity 10 the unauthorized action of a
portion Of the inhabitants Of California, by which
an udou> discrimination IS made against the prop.
criy of the fifteen slayehodng states Of the Union
who are thus deprived Of that portion Of equality
which the Constitution SO manlfcstly designs and
which constitutes the only sure and stable iounda-
tun on which this Union can rrposc.
Because the right Of the Slayeho,ling States to
common and equal enjoyment of the territories
Of the Union has been defeated by a system OF
measures which, without the authority Of pre-.
cedcnt, Of law, or Of the Constitution were mani.
festly contriyed for that purpose, and which Con
gress must sanction and adopt, should this bill
become law.
In sauctioniug this system Of measures this
government will admit that the inhabitants Of its
territories, whether permanent or transient,
whether lawfully or unawfuliy occupying the
same, may form State without he previous
authority Of law-without even the partial sccu
nty of a territorial organization formed by Con.
grcss without any legal census, or other efficient
evidence Of their possessing the number Of citizens
necessary to authorize the representation which
they may claim. and without any Of those safe
guards about the balIotbox which can only be
provided by law, and which are necessary u as.
CERTAIN the true sense ola people.
1t willadmit, too, that Congress. having refused
to provide a government, except upon the con
dltlon Of excluding slavery by law, the executive
branch Of this government may, at us own discreet
IuA, invite such inhabitants to meet IN convention
under such rules a. II or its agents may prescribe
and to form constitution affecting no. only their
own rights out those also OF fifteen States Of the
Confedrency, by including territory with the pur.
pose Of excluding those States from its enjoy.
ment, and without regard to the natural fitness Of
boundary, or any Of the considerations which
should properly determine the limits Of a State
II will also admit that the convention thus call
cd into existence by the Executive may be paid
by him, out Of the funds Of the United States,
without the sanction of Congress, in violation not
only OF the plain provisions of the constitution,
but Of those principles OF obvious propriety which
would forbid any act calculated 10 make that CON
vention dependent upon it,
And last, but not least, in the series of meas
ures which this Government must adopt and
sanction, in passing this bill is the reease Of the
United States by the Executive alone to 3 gov
eminent thus formed, and not presenting even
sufficient evidence Of its having the asseat of n
majority Of tie people for whom it was designed
With view Of all those considerations the
undersigned are constrained to believe that this
Government could never be brought to admit
State presenting itself under such circumstances,
if 1t were not for the purpose Of excluding the
people Of the slayeholding States from all OPP
portunites Of settling with their property in that
territory because, the bill passed under such cir
cums,auces would be to agree to principle which
may exclude forever hereafter, as it does now,
the State which we represent from all enjoyment
OF the common territory Of the Union, principle
which destroys the equal rights Of their constitu.
ents, the equality Of their States in the confed
eracy, the equal dignity of those whom they rep
resent as men and rs citizens Of the eye Of the
law. and their equal title to the protection Of the
Government and the constitution.
Because all the propositions haze been rejected
which have been made To obtain either II recog
milton Of the rights Of the Savcholding States to n
common enjoyment of all the territory Of the
United States or to fair division ofthat territory
between the slayehoiding aud non-slayeholdlng
States ui the Union-eyery effort having failed
which has been made to obtain fair division Of
the territory proposed to be brought in as the
State Of California
But lastly, we dissent from this bill. and solemn
ly protest against its passage because in SANCTION
ing measures so contrary to former precedcnts,
to obvious policy, to the spirit aud intent of the
Constitution Of the United States for the
| purpose of excluding the Slavcholding States
| from the territory thus to be erected into
State, this government 10 effect declares that the
exclusion Of Slavery from the territory Of the
United States is an object so high and important
as to Justify Disregard not only of all the prin-
clples of sound policy, but also Of the Constltu-
| ton itself
Against this conclusion we must now md for.
ever protest it IL destructive of the safety and
liberties of those whose rights have been com
mted to our care, fatal to the peace aud equality
OF the States which we represent, and must lead,
if persisted in, TO the dissolution of the confcd'
eracy in which the saveholdng States have never
sought more than equality, and in which they will
not be content to remain with less.
Senate Chamber, 18th August, 1850.
Signed, JAMES NJ MAsoS, of Virginia
RoDERr NJ. T. HUNTER, OF Virginia,
A. p. BurLea, of South Carolina.
RoBrRr B,nSwELIp ofSouth Carolina
HorKiSs l.. TuRSEy, of Tennessee
PIERRE SouLE, of louisiana.
JEFFERSON DAVIS, of Mississippi. :
DAVID h ArculsoS, of Missouri
JACKSON MoRroS. of Florida.
DAVID YuLEE of Florida
For the Free Trader.
Mr. PAIArYE, August 9TH 1850.
Mes'rs Ediiors-ln the Telegraph Of July lgtl,