The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-25

country with patriotic pride he sits in the council
of the nation am equal among equals lie can never
consent to be degraded from this position, to have
the section from which he comes placed under the
ban of the Government, and to have the people
whom he represents brought into an inferior rea-
ton 10 il. resistance TO the aggressions with
which we are threatened can bring us no worse
fate than this. If we could hope to escape the ply
steal deterioration which would certainly follow
submission TO the policy to which II is proposed to
subject u.s. should sink into moral degrade
ton far worse The scholar who approaches Athens
from the forgets her orators, her poets, and all
the ruined glory OF her once unrvaled architecture,
and fixes his eye upon the tomb Of Themistocles.
In fiinging glance upon the sea and the land,
every thing forgotten but the battles OF freedom
which consecrated every spot the eye takes IN.
The illustrious people who once dwelt there, hold
ing slaves we do, maintained their national ex-
istence by preserving spirit which resisted all at
tempts at invasion. The southern States can MAIN
tain their position in the Union only by cutlvatng
spirit which makes their people stand ready to
defend their equal claim TO the benefits OF the Gov
eminent against every assault.
In settling this great question: then, snail insist
upon a recognition of our right TO iui partlclpa-
ton in the late acquisition of territory. do not
care to measure exactly the extent OF territory and
divide acres with precision, but the principle must
be admitted the great principle that IN The DIVISION
of the property of the United States and In the
endowment of political rights, the people OF the
slaveholding States hold perfect equality. As
to the Wilmot proyiso, sir, do not fear Its apph-
cation 10 the territory; the truth 49, you have no
right to adopt it. and you have no power TO enforce
it. But should be unjust 90 the gentlemen from
the non -saveholding States did not express my
qualification at the manly course OF those who
few days since voted down the resolution which
instructed committee of this House to report
bill containing it. You profess to derive your
power over the subject from the Constitution, and
many of you rest il upon the second clause OF the
third section Of the fourth article, which declares,
..That Congress shall have power to dispose of
and make all needful rules and regulations re-
'specting the territory or other property belonging
to the United States;' but has 1t never occurred
to you that, the very same clause proceeds TO de-
clare sAnd nothing in this Constitution shall be
SO construed to preJodice any claims OF the
United States of any particular Slater" If you
construe this restriction upon the power OF Con-
gress to make it apply to the interests OF the
States in the property OF the United States or
its proceeds you must at the same time admit that
the first part Of the clause grants greater juris
dicton than the control OF the property, and con-
fers no political power. In other words, II you de-
rive the power of Congress to govern the Terrific
ries from the clause we are now considering, you
must take the latter part of the clause restric
ton upon the grant of power II is much to be
doubted whether you have the right to govern
the Territories of the United States TO any greater
extent than to legslate for the benefit OF the public
property.
By referring to the debates in convention upon
the adoption of the Constitution, you will find that
a proposition was brought forward TO give Congress
power to create governments for the people of the
Territories of the United States; before the propo
siton came TO be acted on, il was modified, and the
clause to which have referred Is the provision to
which the convention agreed
Mr. Pinckney, of South Carolina, in his speech
upon the Missouri question, TO which have already
referred, says, certainly no power TO legislate
against the interest of any State, even before the
Territories admitted as States was conferred by
the convention upon Congress. Mr.. Pinckney, ID
will be remembered, was a member of the conven-
ton, and he does not hesitate to give the opinion
which have stated
shall frankly declare for myself prefer to settle
this question by adopting the Missouri compromise
line in the sense in which it originally applied
10 the territory acquired from France; it is a
marked line-it has the force OF precedent-a GER
tain moral power attaches to it, and 1t Is supposed
TO limit the northern boundary, beyond which the
natural products which employ slave labor profta
bly, cannot pass.
the stormy debates and the angry discussions
which now shake the Government sink into the
bosom Of that broad This will give the
North much the larger share OF the terrtory-the
whole acquisition being about five hundred and
twenty six thousand and seyenty-eight square
miles The parallel Of thirty six degrees and half,
ifstretehed across it, would leave the North in pos
session Of three hundred and thirty seven thousand
three hundred and hfty-hye square miles, and
would leave the South one hundred and eighty
eight thousand seven hundred and twenty eight
square miles, making excess in favor of the
North of about one hundred and fifty thousand
square miles
But do not care for this ] wish TO settle the
question, and wish 10 settle il upon such terms
as will relieve the southern States from the ba. OF
the Government, and secure a recognition of their
rights.
When il was proposed last winter 20 admit Cali
forna az a State, authorizing the inhabitants then
there 20 form a constitution with that object, OPP
posed IT, stood ready 10 recognise the right Of the
people 10 provide government for themselves; but
unwilling 10 subject the vast territory 10 the
jurisdiction Of the inhab tants then there. believed
il would result in the sacrifice Of the substantial
rights Of the southern people. A regiment raised
in the interior Of New York, for the express pur-
pose Of colonizing California, had been sent out
by the late Secretary Of War, and disbanded
there could not doubt their decision in regard
TO slavery. was unwilling, too that the new State
should embrace within its limits the whole extent
of the Pacific coast, and l insisted upon plan oil
settlement which would allow the people Of the
slsveholdng States the opportunity Of colonizing
that country.
know, Mr. Chairman, that you. together with
the present Speaker OF the House, and several
other distinguished gentlemen both sides Of the
chamber, did favor the bill which was brought
forward by the present Secretary Of the Navy,
who at that time member Of tins House
Others planted themselves upon the ground as
sumed by General Cas-, who thought il best 10
leave the people in the full enjoyment Of the
rights Of self government. ] know that great
change has taken place in the numbers and char
acter Of the population there; but still insist
II California il 20 come into the Union, let the
State be admitted with the Missouri compromise
line for its southern boundary, and let settle the
whole question upon that line, let us have some
other equivalent which recognises the right Of a
-lsvebolding people 90 divide the territory, and "a
reside there in the enjoyment Of their property.
As 10 the fact that the people Of the Territory oi
California have thought proper 10 adopt a State
constitution in advance Of any preliminary action
ON the part Of Congress, do not regard that as a
very serious obstacle An act our part now ad
hitting the State would relate back 20 the orr gina
proceeding, and would legalize IT, Such a c0urs,
ON our part would not be without late prccedents
in its favor.
As 10 the provision Of the Constitution in respec
20 slavery, suppose no one would desire 10 max,
that a subject Of debate here aud least Of all vii
any southern consent TO let the question Of IN,
sdnittance Of the State turn upon that point. Tn
right Of the people creating State government 4
determine that QUESTION for themselves is perfectly
clear. and for one shall never consent 20 have j
questioned.
And here, SIR allow me 10 say, that have heard
with profound regret, the remarks which have beer
made by some gentlemen this floor in regard 4
the course which the President has thought propc
90 pursue towards the inhabitants Of California
His patriotism needs no vindicatiou here; IL is at
hxya luru In, he ,t,bI, rvtca