The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14

] 'iuioi VIC nave VOnsJdnily rtpfoacntu ouT Dfi'iSh
ancestors for the introduction Of slavery into this
country; and allow me to say that, in my opinion,
it is one of the best defcnces which can be made
to preserve the institution in this country that it
was forced upon against the wishes Of our an
cestors, our own colonial ancestors and by the
cupidity Of our British commercial ancestors.
| The power, then Mr. President, in my opin-
ion-and will extend il to the introduction as
well as the prohibition Of slavery in the new Ter
/ ritories-l think the power does exist in Con-
gress, and think there is that important distinc.
/ ton between slavery outside of the States, and
slavery inside Of the States that all outside is de-
batesbe, all inside of the States is undebsteable
The Government has no right TO touch the insti-
tuition within the States; but whether she has
and to what extent she has the right or not to
touch it outside Of the States is question which
is debateable. and upon which men may fairly and
honestly differ, but which, decided however il
may be decided, furnishes in my judgment no
just occasion for breaking up this happy and glo-
! ri0as L nion Of ours. --.-~ - .
! think there are two sources Of power, either
Of which is in my judgment, sufficient to warrant
the exercise Of the power, ii it WAS deemed prop
er to exercise it, either to introduce or to keep
out slavery, outside the States, within the Terri
! tories.
Mr.. President, | shall not take up time, of
which already so much has been consumed to
show that, according to my sense Of the Constitu-
ton Of the United States, or rather according to
the sense in which the clause has been interpreted
for the last fifty years, the clause which confers
on Congress the power to regulate the Terrific
ries and other property Of the United States con-
veys the authority
Mr. President, with my worthy friend from
Michigan--ana use the term in the best and
most emphatic sense, for believe he and have
In Al Al
known any other Senator in this hall cannot
concur, although entertain the most profound
respect for the opinions be has advanced upon
the subject adverse to my own but ! must say,
when point is settled by all the elementary wri-
Gers ~country, by all the departments -four
Government, legislative, executive, and judicial
when il has been so settled for period of fifty
years, and never was seriously disturbed Till re-
Gently, that think If we are to regard anything
as fixed and settled under the administration of
this Constitution of ours, it is question which
has thus been invariably and uniformly settled in
a particular way. Or are We TO come to this con-
clusion, that nothing nothing on EARTH is settled
under this Constitution, but that everything is
unsettled
Mr. President, we have to recollect il is very
possible sir, il is quite likely-that when
that Constitution was framed, the application
of IL to such Territories as Louisiana, Fori-
da, California aud New Mexico, was never with
in the contemplation of its trainers Ii will he
recolected that when that Constitution was fra
med, the whole country northwest Of the Ohio
river was unpeop'ed; and it will be recollected,
also, that the exercise and the assertion of the
power to make Governments for Territories in
their infant state are in the nature of the power
temporary, and to terminate whenever they have
acquired population competent for self-govern-
ment Sixty thousand is the number fixed by
the Ordinance of 1887. Now, sir recollect that
when this Constitution was adopted, and that ter
rtory was unpeopled, is il possible that Congress,
to whom il had been coded by the States, for the
common benefit of the ceding State and all other
msmbers of the Union---is it possible that Con-
gress has no right, whatever, to declare what de-
scription Of settlers should occupy the public
lands Suppose they took up the opinion that
the introduction Of slavery would enhance the
value Of the land, and enable them to command
| for he public treasury n greater amount from
4 that source Of revenue, than by the exclusion Of
slaves, would they not have had the right to say,
! in fixing the rules, regulations or whatever you
choose 10 call them, for the government of that
| Territory, that any one that chooses TO bring
slaves may bring them, if ii will enhance the val
ne Of the property, in the clearing and culiva-
ton of the soil, and add to the importance Of the
country Or take the reverse; suppose Con-
gress might think that greater amount of reve-
| nue. would be derived from the waste lands be-
| yond the Ohio river by the Introduction Of sla-
very, would they not have right TO interdict it
Why, sir, remember how these settlements were
made, and what was their progress. They began
| with a few | believe that about Marietta the
| first settlement was made IL was settlement of
some two or three hundred persons from New
England Cincinnati, believe was the next
point where settlement was made. IL was set
tied, perhaps, 10y few persons from New Jersey,
or some other State. Did those few settlers, the
moment they arrived there, acquire sovereign
rights Had those few persons power to dispose
of these Territories Had they even power to
govern themselves--a handful of men who estab-
lished themselves at Marietta or Cincinnati
No. sir the contemplation of the Constitution
no doubt was, that inasmuch AZ this power was
temporary, as it is applicable to unpeopled terri
tory, and as that territory will become peopled
gradually, insensiby, until it reaches popua-
ton which may entitle it to the benefit of self
government, in the mean time ii is right and prop
er that Congress, who owns the soil, should regu-
late the settlement of the soil, and govern the
settlers on the soil until those settlers acquire
number and capacity to govern themselves.
Sir will not further dwell upon this part of
the subject but said there is another source of
power equally satisfactory, equally conclusive in
and that is the treaty making powcr-the acqu-
ring power Now, put 1t TO gentlemen, is there
not at this moment power somewhere existing,
either to admit or exclude slavery from the oeded
territory 7 Ii is not an annihated power That
is impossible II is subsisting, actual existing
power; and where does IL exist IL existed |
presume no one will controvert, in Mexico, prior
to the cession of these Territories Mexico could
have abolished slavery, or introduced slavery,
either in California or New Mexico. That must
be conceded Who will controvert this position ?
Well. Mexico has parted from the territory, and
from the sovereignty over the territory; and to
whom did she transfer itl She transferred the
territory and the sovereignty Of the territory TO
the Government Of the United States. The Gov |
ernment of the United States, then, acquires In |
sovereignty, and in territory over California and |
New Mexico, all, either in sovereignty or terrific
ry that Mexico held in California or New Mex
leo by the cession Of those Territories Sir, dis
pute that who can. The power exists, or IL does |
not no one will contend for its annhilation. II |
existed in Mexico No one, think, can deny |
that Mexico alienates the sovereignty over the !
territory, and her alienee is the Government of
the United States. The Government of the Uni |
ted States, then, possesses all power which Mex
leo possessed over the coded Territories, and the
Government Of the United States can do In refer
ence to them-wthin, admit, certain limits of |
the whatever Mexico could have |
done. There are prohibitions upon the power Of |
Congress, within the Constitution, which probi- |
billions, admit, must apply to Congress whenev-
er she legisates whether for the old States or for
new Territories; but, within those prohibitions,
the powers Of the United States over the ceded
Territories are co-extensiye and equal to the pow
ers Of Mexico in the ceded Territories prior TO
the cession.
Sir, In regard TO this treaty -makng power, all
who have any occasion to examine into Its char
acter, and TO the possible extent to which II may
be carried, know that 1t Is power unlimited In |
its nature, except In so far as any Limitation may
be found in the Constitution Of the United States