The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-12

attend said judges, and perform said service.
Mr.. KING presented the following resolution,
which was agreed To
ResoIpsd, That the Secretary of State be request
ed to communicate to the Senate any papers in his
department relative to the conduct of David Cook,
master Of the English bark Sarah, in saving the
passengers and crew of the American ship Caleb
Grimshaw, William f. Hoxie master, destroyed
at sea by fire while on her passage from Liverpool
10 New York
Mr.. CLAY submitted the following; which lies
over one day under the rules
Res0lued, That in future when member of Con-
gress dies and has been buried in the vacation the
Senate will not feel itself called upon to extend to
the memory of the deceased the honors and cere-
monies which have been of late years usually
awarded but will restrict itself hereafter in the ap-
preparation of those honors and ceremonies to cases
OF the death of members during the session of Con-
gress.
On motion, the resolutions submitted by Mr.
CLAY were then taken up.
Mr.. BERRIEN said he desired, from the import
ance OF the various questions involved in this sub
ject, to detain the Senate short while. He wished
to utter no word of menace; he could not do SO with
out violating his own selfrespect, and without
woundng the feelings of his associates. But the
feeling now aroused in the South, of opposition to
any further aggressions their rights and nstitu-
tons, was an universal feeling. He did not judge
this by the declamations ofpubc men, by the tone
OF the PRESS the speeches and resolutions of the
Legislative assemblies, but from the saddened feel
lngs OF danger and alarm which pervaded the So
cial circle and the domestic freside. II was feel
ing felt by every one, and by all with the same
sorrow and determination At first he had re,
garded the attacks upon the South, coming as
they did from "a small party of agitators, as too
trihing to merit even resistance, but the events
OF the last two years had shown that they were to
be disregarded no longer At first the two par
ties, feeling the importance of the support of this
body of Abolitonists, had sought their aid until at
last very large portion of one of these parties Sc
coded from their old associates and raised new
STANDARDIZED Soilism; and this was followed by
general movement at the north, not only by the
remainder of this divided party, but by the whole
OF their opponents all trying to show their greater
zeal in the general crusade against the South. He
had, in common with some friends from the free
States, opposed this crusade, but unfortunately
those friends from the free States have been obliged
to bend to the storm which RACES at their homes,
and are now unable to aid him. He was willing to
do any thing to settle the difficulties of the day.
He was willing to sacrifice all his hopes of popular
ity, OF station and of place, and come forward to
meet upon any proposition that was fair and con-
sstent with the constitutional rights of the South.
The view OF the future was dark and gloomy
one and he at times feared that all that had been
predicted OF ruin and disorder would to pass.
But the country had on several occasions been in
condition OF danger and alarm; had several times
been the edge Of that precipice one step beyond
the border of which would plunge all into the faith
omless abyss of anarchy and its consequent hor-
And each time it had 80 happened that in the
darkest hours OF the danger, the light Of truth had
penetrated the gloom and presented our glorious
charter still unscathed and unnjured by all the
strife and war with which it had been attacked.
lie accorded to the Senator from Kentucky all the
highest motives Of patriotism and honesty in the
introduction Of his resolutions. That Senator had,
in the spirit if not in the words of the Roman poet
presented his plan and called upon others to submit
better and II they could not do this To accent his
This was fair, honorable, and manly.
The condition OF things in the country, SO far as
this subject was concerned, was simply this At
the South there existed an institution, peculiar,
domestic institution institution around which
all the conditions of their lives, social and POLITICAL
are entwined. They naturally and truly at
tached to it, and look with alarm upon every move
ment calculated to interfere with it. This nstitu-
ton Is recognised and sanctioned by the laws Of
their respective States and by the Constitution of
the country. The people there hold a certain
species of property and that property is secured
them by the laws Of their States and the Constitu-
ton OF the country. II is proposed in Congress TO
exclude them and their property, because they are
shareholders, and their property slaves, from an
equal participation in your Territories, acquired by
the common blood and treasure of the Union. They
ask you TO pause. That Territory is, and ought to
be- as much open to them and their property il is
to you. They ask you TO pass no laws to exclude
them from what they have an equal right with you
TO enjoy They ask you to let those Territories re-
main open well to the stakeholder as TO the nom
slayeholder and submit their rights to hold their
property there to the arbitrament of the constitu
on the subject at all.
He was told that if Congress did not legisate on
the subject, and the Supreme Court decided that
such legislation was unconstitutional, that it was
null and void. This was true. But by lcgislating
ON the subject, you threw cloud over the rights Of
the STAKEHOLDER, and prevented his cmigrating; in
the meanwhile the subject was under considera-
ton, and before decision in your Legislation could
be had, the territories were filled by population
from the free States and then the STAKEHOLDER would
be excluded by laws. The result of This would be,
as they were told by the Senator from Kentucky,
that slavery was excluded in California, but II was
the act OF the people, and no one was TO blame
for il.
Was this fair, Il in good faith, was il manly,
for the North by their numerical strength, thus 10
virtually exclude the whole South from the Terrific
ries? The Union was not formed together by the
parchment on which the Constitution was written,
but by the hearts Of the people, and their devotion
and love for that Constitution.
Was II not, then, endangering the Union thus 10
abuse your power 10 the injury Of their constitu-
tional rghtsl
The Constitution asserts that equal rights shall
be secured 10 all the people Of the Union. The
States are recognised as sovereign powers, and as
such are all ON an equality And the provisions OF
that Constitution are TO be exercised with equal
benefit and protection 20 the people Of all the States.
This latter was an elementary principle on which
that Constitution based. And an implied
power under that Constitution cannot exist which
tends to the destruction Of the elementary princi-
pie.
IL Is said that where the power 10 prohibit exists,
the power 10 exclude IL also; that they are corrcla
tive powers. This IL based on the assumption that
Congress has the other Of the powers; but IL
also assumes for Congress that which, " admitted, IL
an unlimited power. The powers Of Congress were
limited. Congress has no power 10 establish a re-
hgion, 20 suppress the freedom Of the press 10
establish in the Territories the system Of pconage
which exists in Mexico.
The South maintains that Congress has no right
70 legislate at all You give up that Congress has
The power 70 establish slavery, az well prohibit.
The South asks you 10 protect her interests, the
North that slavery may be prohibited. Here, then,
was the equivalent which the Senator from Ken
lucky is in search Of for his compromise.
The South demands and asserts her right Of con-
stitutional protection for her citizens and their
property-thc North refuses 20 grant Il. The
North asks for legislation for the exclusion Of
slavery from the Territories, and consequently Of
Shareholders. Here, then, IL the ground for true
compromise. Let the North withdraw her demand
for legislation excluding the South, and the South
withdraw her demand Tor protection Let the Ter
ritorcs stand untouched by Legislative action, and
leave the question Of slavery slavery then to
the final arbitrament Of the constitutional ex-
FOUNDERS.
A great error in this whole proceeding was this