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

addressed TO sympathy and not 10 Judgment
and this too. BY the honorable senator from Massachu
sets, who, less than two years ago. without reservation
OF qualification, declared his full adhesion 10 its .whoe
doctrine" Then there was great DANGER his judgment,
that slavery would ind entrance into the Territories il the
democratic candidate should be elected; for in that
event, PROHIBITION would be out OF the question. Now
u Is discovered hatprohbiton is unnecessary Slavery
IS excuded-so the senator informs us-from California
and New Mexico oy the law oil nature, OF physical geog
Iaphy, the law Of the formation OF the earth And he
Tells Us ne would mot take pains TO reafm ordl.
nance OF nature, nor 10 re-enact the will of God"
WISH Mr.. President that the honorable senator had
told us that IN ls4s wish that the people could then
have heard something OF this law OF nature of physical
geography, OF the formation OF the earth, which makes
the Territories acquired from Mexico forever inaccessible
q slavery cannot help thinking that the result Of the
election would have been somewhat different, ii these
views had been then understood 10 find favor with the
supporters OF the Philadelphia nomination
s ls sw p as i mot o %
which can read now written so plainly in the forma-
on OF the notwithstanding so vsbly from the throne
Of God--dscerned il doubtless then Why was il not
then announcedi
must be allowed to say that in my judgment there is
difference between the full and entire commitment 10
ayowed in 1s4S, and his recent declaration that in bill
for the government OF New Mexico prohibition Of sa-
very would be entirey useless. and in that
on entirely senseless Provso Useless and senseless,
because it would be reenactment OF the will OF God
Sir, should like to know what laws to enact il
we are not TO eenact the will OF God There another
power. the laws winch we SnOuu Ie-endCt!
all just legislation must be are-enactnent Of the Divine
will The rights OF human nature are not derived from
human law. Men are created equal !" - they are en-
dowed by their Creator with inaenable rights" Agrees
sons upon these rights crimes is the duty OF every
legislature to frame all law with paramount regard to the
prohibition Of these aggressions and the security OF these
rights.
But. sir, is il quite true that any law Of physical
geography will protect the Territories from the curse
Of slavery! Peonism was there under Mexican law
and where there is compulsory servude for debt Lifelong
and inevitable, chatel slavery not far Off if the law
will permit it. But, if peonism were not there to warn
us what may be expected il slavery be not prohibited,
could we, rational legislators find excuse in the
physical circumstances OF the country for abandoning the
Proviso Il is said to be " Asatic in formation and
scenery "A Are there 10 slaves II ASA BIZ Ut s so
be fact that the shines from cloudless sky and
waters to refresh the earth must be drawn from the
Buy he w
thati Much Of the vast region over which we are to
extend territorial governments IS wholly UNEMPLOYED In
other paris there everywhere else good land and
poor land Certainly there are mines, and in employ
ment has slave labor been more commonly or more oht
ably used.
Let us take care that we do not deceive ourselves or
mislead others Neither SOIL nor climate, ply steal
formation degrees of latitude, will exclude slavery
from any country Can any gentleman name degree of
description of country to which il has not at lime,
found access II is acknowledged, and has been Tor
years acknowledged to be Improbable in several OF the
existing States and yet State except New York and
New jersey which obeyed the impulse OF the revolution
and OF its doctrines, has abolished slavery since the
% TINS n ns @ s na SO
the extension OF slavery into Territories It is vain TO
look for its exclusion from them except by positive law
States in the Of this debate, that nothing prevent
ed slave emigration TO California except the anslavery
agitation and the dread of the Proviso.
Mr.. President, there some senators who place
reliance on confguration climate, other physical
conditions for the exclusion OF slavery, but rely
with some degree OF confidence on the Mexican law TO
49, A1 49,
Mexican law remaining in force in the Territories
should secure, in my Judgment the freedom OF all the
Inhabitants at the date OF acquisition. In my judgment
ALSO neither the government OF the United States any
territorial government be consutionally author
lied 10 institute slavery, any more than monarchy or
national r eng 2. me lnqu,siuon but sur know
territorial legislature is established and know, ALSO
that my view of the constitutional limitations upon the
power OF this government and Of territorial govern
ments respect TO their competency to establish and
maintain slavery, acknowledged correct by the
statesmen and ursts of the slave States, Give me
view. heartily favorable to the perpetuaon and extern
sion OF human freedom, and heartily opposed TO the per-
peuation and extension OF human slavery, and would
not ask for any legislative prohibition The spirit OF
such an administration, the Judicial action which il
would secure and, above all, the constitution so inter-
preted and enforced, would be Proviso enough.
But we have such administration. On the contrary,
know that distinguished gentlemen, who among
its prominent supporters assert and insist that under
the constitution and in virtue OF its provision the govern
and maintain within national territories. every slave
holding emgant in The full possession, CONTROL and dis
Posa OF his slaves, RS II is TO protect and MAINTAIN any
other enigrant in the possession control, and dispo
sal OF any species oil property whatever In this position
leading gentlemen the other side OF the chamber agree
with them In other words they insist that by the ope
ration OF the constitution ITSELF slavery became lawful in
the Territories from the date of the acquisition. There is
pretty general among senators from the slave
be glad to be assured that there senators from the
free States who concur in IT, regret that the senator
from Massachusetts, whom am sorry not TO see in his
seat to-day, did not h when he addressed the Senate
lately to state his views upon this subject III recoect
arght that distinguished SENATOR when occupying anoih
er high position in the government in diplomatic des-
patch OF great ability, maintained the doctrine that,
der the constitution Of the United States. men might be
held property in American vessels upon the high seas,
that such vessels 10 be regarded in the light
national territory. II the honorable member does in
fact hold this opinion do not see that he differs widely,
al ALL to this matter, from the senator from Georgia.
MIR. BERRIES,l or the senator from Alabama lA1r.
KING need not say that wholly dissent from il.
In the midst of this variety OF opinion, and under the
circumstances which surround us when IL is well known
that nearly every senator from the slave States insists
that slavery should be permitted in the Tetores-and
most OF them expect that II permitted. slavery viii be IN
troduced theeit seems to than ordinary folly
simple and obvious and certain preventive OF prohibition
That have the power to prohibit Is clear u we have
any power TO egslate Tor the Territories at all That we
have the power 10 legsaie shall pause 10 argue
know OF but one senator denies III and that
distinguished gentleman, Ir. CAssl though he cannot
find power establish territorial governments, declares
himself ready 10 assume Il. on the ground OF necessity