The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-04-11

What ben1 We came here and, sir, II does seem 10
me that when get here we apt to forget there
TO be DESTROYS to reach results which will satisfy con
trolling influences here than TO meet the just expectations
OF those whose representatives we are Why, sir, every
knows thai at the Of this session Their.
was decided and apparently fixed majority In the other
branch OF Congress In favor OF the Provso and That IN his
TO vote for IT, Aud YET told, and told by Sen
aors who but recently foremost in jealous advocacy
OF this measure that is unnecessary and offensive to The
South, and should be abandoned Plans OF compromise
and arrangement one oil which involves the surren
der OF this great vital principle, are brought forward ana
urged upon us
do not understand sir how it is that measure which
uy harmonzes with the original policy and the early pre-
cedens Of the Government and which received the
unanimous sanction Of the entire South can now Justly
regarded offensive by that section Of the country II it
right aud pabe 10 abolish existing slavery and pro
hbit future slavery in the Northwestern Territory in l7
the prohibition of the OF slavery nto the territory
acquired from Mexico where no slave now exists cannot
be Just OF offence in 1850 At all events sir we
must DO our duty We should not we must not be moved
ron by any appeal addressed to sympathy aud not to
judgment.
But told also, that the Provso is unnecessary
and this too by the honorable Senator from
who less than years ago. without reservation quail
lhcaton declared his full adhesion TO its whole doctrine
Then there great danger IN his Judgment that slavery
would find entrance into the Territories il the Democratic
candidate should he elected for IN that event. prohibition
would be out Of the question Now II is discovered that
prohoiion is unnecessary Slavery Is e1cInded.so the
by the law Of nature, of physical geography the law OF
the formation Of the earth" And he tells us he would
re enact the will OF God"
wsh Mr. President, that the honorable Senator had
told us that in 1913 wish that the people could then
have heard something OF this Of nature physical ge
ography OF the formation Of the earth, which makes the
territories acquired from McKee, forever to
ton would have been somewhat different II these views
had been then understood to find favor with the supporters
oh the hiiadelphia nomination.
Sir this law nature not suppose. of recent origin
IL existed in lS4S, IL il exists at all The clear Vision
which read now, written plainly in the formation
of Notwithstanding no
God-dscerned il doubtless then Why was II not then
announced1
must be allowed to say that in my Judgment there
difference between the full aud entire commitment 10 the
"wh"e doctrine OF the Proviso which the Senator avow'
ed in S4S and his declaration that in bill for the
Government Of New Mexico aprohbon OF slavery would
be entirely useless and In that connection, entirely
be a she will Of God Sir should like to
know what laws TO enact II we are not TO re-en-
the will OF God There is another power are his the
laws which should re-enactl Sir, all Just legislation
must be reenaciment Of III, Divine Will The rights oil
human nature not derived from human law Men are
'created equal" "they endowed by their Creator
with naienable rights" Aggressons upon these rights
1t is the duty OF every Legislature to frame
all law with paramount regard to the prohibition oil these
aggressions aud the security Of these gifts
But sir is quite true that any law of physical geogra
ply will protect the new Territories from the curse OF sa
very Peonism there under Mexican law and where
there compulsory servude for debt lifelong and nevl
table chatte slavery is not far off, il the law will permit
IL Bn if peonism were not there to warn us what may
be expected If slavery be not prohibited could We
onal legislators, find an excuse IN the physical clrcnm
sak 0f the soStry tor abandoning the PSpvisol is
said to Asatc in formation and scenery Are there
slaves in Asia7 But the soil is cultivated by irrigs
ton" Well sir, will the fact II be fact that the sun
anrs rrum aSiSQdiessSsy, ext - cesre-h Dia,edxN
be drawn from the streams which capped hills
supply will tins exclude slavery But the lands are poor
Sir who knows that Much Of the vast region which
extend Territorial Governments is wholly unex
land and poor land Certainly there are mines and no
emrovmen has slave labor been more commonly or more
proftably used.
Let us take that do not deceive ourselves mis-
lead others Neither soil, climate physical forma
ton nor degrees of latitude will exclude slavery from any
country. Can any gentleman name degree OF latitude
beyond which slavery has not gomez Or any description
OF country TO which IL has not at some tme found &C
cess II acknowledged and has been for years
lodged to be improbable in several of the existing States
and State except New York and New Jersey which
obeyed the impulse of the Revolution and OF Its doctrines,
has abOed slavery since the organization OF this Gov
ernment The truth is, that so long as powerful and
active political interest is concerned in the extension OF
slavery into new Territories it is vain TO look for its
cuson from them except by positive law. II has been re-
peaedy stated by gentlemen from the slave STATES IN the
Of this debate that nothing prevented slave emgra
ton California except the antslavery agitation and the
dread OF the Proviso.
Mr. President there are some Senator's who place
lance conguration, climate, other physical con
dons for the exclusion of slavery but seem to rely with
degree OF confidence on the Mexican law to secure
that object do not concur In this reliance The Mexican
law remaining fnrce in the Territories should secure in
my Judgment freedom of all the inhabitants at the date
of acquisition In Judgment, also, neither the Govern
men of the United States any Territorial Government
be constutionaly authorized to institute slavery,
any more than monarchy, national religion, the
nguisition But sir know very well that Mexican law
be changed soon as Territorial Legislature IS es
absed; and know also, that my view OF the constitn
onal limitations upon the power OF this Government and
Of Territorial Governments in respect to their competency
establish and maintain slavery, Is not acknowledged as
Give me an Administration of fhs Government fully i'm
bued with this view heartily favorable to the perpetnaon
the perpetation and extension of human slavery, and
would not ask any Legislative prohibition The spirit
Would .nd ne fsiSa 50
pre,ed and enforced, would be Proviso enough.
hova hhrnn I'm no
know that distinguished gentlemen, who are among its
most prominent supporters, assert and insist that under
the Constitution, and in virtue Of its provision the Gov
of the United States much bound to protect
and maintain within national territories every sayehod
his slaves as it to protect and maintain any other emf
grant in the possessioD CONTROL and disposal OF any species
Of property whatever In this position leading gentlemen
on the other side of the Chamber agree with them. In
other words they insist that by the operation OF the Con
s,tuton ITSELF slavery became lawful in the Territories
from the date o! the acquisition There is pretty gene,
raj concurrence among Senators from the slave States Of
both political partes in this position should be glad 10
be assured tha, there from the free States
who concur in 1T regret that the Senator from Massa
chuses whom sorry not TO in his seat to-day, did
not fit when he addressed the senate lately 10 state
his views upon this subject II recolec Alright, that dis
tngushed Senator when occupying another high position
in the Government, in diplomatic despatch Of great abil'
y, maintained the doctrine thar under the Constitution
Of the United States, might be held property In
American vessels upon the high seas beyond the limits OF
any State and this upon the ground that such vessels were
to be regarded in the light national territory II
the honorable member does in fact hold this opinion do
not see that he differs widely, or at all as to this matter
from the Senator from Georgia, Mr. BERRrRN or the Sen.
ator from Alabama, Mr.. KINo.l need not say that
wholly dissent from II.
In the midst of this variety Of opinion, and under the
circ umsances which surround u.s. when is well known
that nearly every Senator from the slave States insists that
slavery should be permitted in the Territories and most
them expect that if permitted slavery will be intro
duced there seems 10 Worse than ordinary folly Tor
those who really desire its exclusion TO reject The simple
and obvious and certain preventive Of prohibition That
have the power to prohibit is clear we have any
power esate for the Territories at ALL That have
knnxxy
Of bu, Senator who denies il and that dstin
guished gentleman, tMr. CAss1 though he cannot find
power establish Territorial Governments, declares him
self ready to assume it, on the ground OF necessity he
is willing to assume that power Is difficult to see why
he should not be willing, in exercising that power to es
tbish Governments upon principles which viii secure TO
every individual under them the blessings OF personal lib
erty For myself, cannot doubt upon the subject The
power provide Governments for the Territories, and TO
prescribe Just limits their action Is clearly given by the
Constitution II has been exercised under every Admins
traton by nearly every Congress since the organza
lion of the Government Whatever differences of opinion
there may have been, to the existence or limits OF oe
there has been very s as in my
clear and ndsputabe; and the duty oil exercising I'M
R", we are told that IL Congress prohibit slavery in the
Territories abolish slavery and the slave trade IN TINS
District fail to provide adequate O ,h e eon
This cry Mr. President neither astonishes nor alarms me-
have thought, nor do now think that any man
should deferred by it, from an honest fearless discharge
of his duty here Is an old cry not without proht to
those who have used it, II was first heard In the Con-
sress Of 774 The student OF history who examines the
non importation and transportation agreement OF that
Congress will be struck by singular exception in the non
expectation article. have already had occasion TO
mark that the agreement itself designed TO secure
redress of American grievances from The Government OF
Great Britain by suspension Of commercial intercourse
The non exporation article bound the colonies and the
people po 10 export any American commodity TO Great
Britain Ireland the West Indies, with this remarkable
qualification Except rice 10 Europe" How came this
exception there Why, sir the staple OF South Carolina
was rce ana s ssesa'es IS Soob Carolina in that first
Congress- when the struggle with Great Britain I'M
pending and union all important to it's successful
issue withdraw from the Congress and break
p the Association unless South Carolina could be
med 10 expor, rice and indigo. This proceeding
stoned Of the business OF the Congress for
two or three days Finally, IL was determined 90
pete the Association without conceding the South Caro-