The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-16
CONGRESSIONAL.
SPEECH or mn. TuREEY,
OF TENNESSEE,

Oa Ma IerflfOTdf QueNt0H; dtffUefeu IN me SeNdfe
Tuesday, Mareh II, 1850.
The Senate having under consideration the message o
the President Of the United States. transmitting the con-
stituiion Of California
Mr.. PREsIDEsr; The government under which we
live, when formed. based upon the fundamental
principle Of the equality OF the various States which
formed IT. and OF the people o The States. The constu'
ton could have beea adopted BY majority OF the
members OF the convention by which Il was framed
without the full recognition Of that principle and II \ \
been ratified and approved By the respective States acting
in their several State soyeregnues through the State
ventions to which the constitution was Submitted.
In that constitution we find that slavery recognised
for political purposes, and that slaves regarded by il
as property We find that in apporonng representation,
and reckons them slaves We find that, IN app0r-
toning direct taxation II again takes notice Of slaves,
and regards them as properly 10 another provision q
ton are regarded property and that the enloymento OF
it guaranteed to the citizens Of The United States, owners
and pTopretors OF IT,
hold hen under these several provisions OF the con-
sttuon OF the United States that slavery exists, and that
it exists by the constitution ol the United States ITSELF in
all the States and Territories OF the Union, except in those
States only where il il forbidden expressly BY State consl
utions the exercise o State sovereignty And, while
hold that this government has the right and power to
prescribe government and law for Territories, am pre-
pared to that those governments for the Territo-
ries be under and in accordance with the constitu
ton OF the United States, and That consequently Con-
gress cannot restrict abolish slavery such Terrific
RES II is immateral for my purpose TO inquire from
what the power 10 organze and control territorial
governments Is derived-whether under the treaty
an express power In event. Congress derives her au
hority over the Territories from the constitution. and
must exercise that power only in accordance with the
constitution in its letter AMI spirit II this rue
Mr. Presdent-if Congress could prescribe any form of
government she might choose for the Territories ire
spectye OF the constitution OF the United Staesn other
words il Congress were mol anenabe 10 any authority
herself in organizing the Territories, Congress might es-
tablsh religion. and might establish an order o. mobility
Congress might establish monarchy In the Territories
What is there to prohibit it. il the constitution does not
govern in the Territories. by governing the action oil
Congress over them' What would prohibit Congress
from establishing any possible form OF government that
may be conceivedi lfCoagess not bound by the
stituon in giving government and law to the Territories,
but has unlimited and unresiraned power then Con-
gess in that would have the power 10 establish
monaTchical government; and when majority should
deem it expedient perpetuae their power, they would
repeal the laws admitting States into the Union and re-
mand the States into territorial governments And thus,
under this preence OF power and thus mode Of
they would establish upon The ruins OF this republic one
great consod aed despoic form Of government By which
ali the rights immunes and privileges, secured by the
constitution would be trampled under loot and lost 70 Inc
people forever
or in other words il the power TO enact AMI enforce the
Wmo PToviso in Territories formed by this government
exists in Congress- then, lei me ask where DO you md
protection for fugitive slaves wo may hnd their way into
the Territories II such power exists that provision Of
the constitution which relates the Tecaue OF fugitive
slaves is nugatory, far as the Territories are con-
Z
In that case Congress does possess the to exclude
slavery from the Tert0resa power which is provided
in the constitution Congress does possess the power
the moment slave The line, aud goes into Ter
rtoy OF the United States containing sdch law wh such
provisions he would be absolutely Tree, nowithstand-
ing it is manifest TO all that The compromises Of the const
tuition contemplate such thing On the contrary, the
trainers OF the constitution intended 10 provide ample
his property IT, them the trainers of this had
not believed nor intended that Congress should possess
power the subject Of slavery in the Territories they
would have made express provision Tor The recovery
OF fugitive slaves escaping into the Territories as well as
into the States.
But, Mr. President the error in my judgment. consists
in gentlemen supposng that the power 10 govern implies
the power to abolish destroy vested rights under the
constitution. hold that under the constitution OF the
United Saies has vested right TO his slave as hls
property and legal title vested in him under and by vir
tue OF The constitution and laws OF the country thai
that right be carried ino any portion OF the United
States. where i - not prohibited oy me local laws and
Congress should have the power 10 exclude IRON the
Territories or from the district which the general gov
eminent should be located, and over which Congress
should have the power Of legislation The power e
govern then is the power protect the citizen IN the
ioyment OF his ghls-n the enjoyment OF hs property
as well OF his "lfe liberty and pursui. Of happiness
And Il "a moi power TO enable him to abolish and destroy
these vested rights would Congress possess any
greater power to destroy these rights in the Terrore.
Than in any State OF the Union where slavery exists,
the legislature OF that State could have any such power
presume il is not contended BY any one The STATE con
stution recognises the institution OF slavery NO ont
pretends to destroy the institution must be done by
Convention OF the people The power s placed bey on'
the control OF the legislative body OF the county, io h'
security OF those who own property OF his description
There is another species of argument which have
heard Some contend that although Congress does no
possess the power 10 enforce the Wilmot Proyso OF
exclude slavery from the Territories, while they deny ha
power--thus lar they agree with me-still they boil
and maintain the doctrine that the people of the Ter
rtores only possess the power OF egslating for them
selves ana that they have the power TO legslae upon h
subject OF slavery, and to exclude from the Territories
This, sir to my mind, is more absurd doctrine than g
rpon the people OF the Territories much larger powe
than is possessed by the Stale government, or than
possessed BY the general tse or ihan s pos
essed bv both the State and the government com
bned This government cannot exclude slavery from tn
Territories neither can the State government The Stat
soyeregnties cannot enact any law that will evade tn
provision OF the constitution IN relation TO fugitive slave-
This government pass no Law in violation OF tat pro
vision OF the constitution And YET sr, MS contende'
by those, that the people of the Territories have anp
power over this subject that they may egislae upon Il
that they NAV exclude H. regardless OF the constitution
the United States which 10 extended over the ttntoes
They contend that handful OF people ~ the iernio
cannot possess the power oil emancipaIng every uguV
slave who may happen 10 get within the Ienioy.
Assuming that these the principles OF me consiiiu
ton under which we live. and which are binding owe
every section of the United Siaes the question recurs
MS Who 10 the o the excitement that disturbs IN
harmony and qnet OF the republIci Who Is u that .
esponsble for the danger to the stability and integrity
,he Jnon tsefl Sir, have To look and inquire int
The causes OF this things which surrounds
i've are conscious OF wrong the part OF The South
have auplied N Coparese IN