The southern press., 1850-08-31

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them to be the ablest, acutest, and most ex-
perienced Legislators in this or any other
country. And even il this were not so, and
not enough, we are enlightened as to their
expectation and intentions to their real
purpose, from another and a reliable source.
We learn from him who was their leader
from him who, with his own hand, wrote the
provision, and with his own tongue an
nounced il to the world--we have it from
HENRY CLAY himself, that he expected and
intended this, as | have presented it, to be
the operation of this provision--indeed OF
every provision--of the bill.
He tells us what he means and intends !;
and, as is always the case with him, in terms
not to be misunderstood He tells us that,
from his earliest manhood he has been OPP
posed to African slavery, and desired its
abolition, everywhere and that the reAec-
ton Of his later maturity, and present old age,
has but served to confirm and strengthen bis
earlier opinions, on this subject. He tells
us, further, that no power on earth shall ever
induce him, by act, or vote, to either carry
African slavery, or permit it to 60, one foot
beyond its present limits. And, still further,
and in direct reference to the point we are
now discussing, he declares his opinion to be
that slavery does not now exist, and cannot,
lawfully, be carried into any portion Of the
territory which we have acquired from Mexi-
CO, unless the institution shall be expressly
establish there, by the act Of some compe-
tent Legislature Taking this to be the
position Of Mr.. Clay, Gas he has declared i
to be) and Of the most of those who follow
him in this matter, we have no room for doubt
as to their intention in wording the provision
as have quoted il. Indeed, he has, en-
phatically, declared more than once, that i
he did not believe that such would be the
effect Of the Bill he would not vote for i. -
Holding, as they do, that slavery does not
exist in the territory, now, and cannot be
carried there, hereafter, except by express
legislation, what follows if they forbid all
| legislation s in respect" to it Need any
man be told 1t is obvious, certain, and un-
avoidable, that the establishment OF slavery
is prevented, and its exclusion secured, in
the most efectual manner.
Thus we see what, if adopted, the opera
ton of this provision Of the bill must be-
/ The intention with which it was introduced
into the bill, is equally obvious and certain.
Remember, too, that if adopted, it will be
the act Of Congress
What is it then in purpose and effect but
the Wilmot Prouiso? And wherein is it
better for the South than the Wilmot Pro-
risO!
Here might rest my argument; for here
is established the position with which set
out--that this provision is no better for the
South than the Wilmot Propiso because IT
is shown to be identical, in purpose and ef-
j feet, with that obnoxious measure.
But before leaving this division of the sub
ject, it may not be inappropriate to remark
upon one or two points which have been only
incidentally touched; lest my own position
might not be fully understood, and that Of
others not fully exposed, in regard to them.
In objecting to the restriction this provi-
sion Of the bill imposes upon the Territorial
Legislature, must not be understood as de-
nying to Congress the general power to pre-
scribe the duties and powers Of the territorial
lgoyernment concede this, as necessary
incident Of that to establish the government
itself Tor Congress being by the Constitu-
ton the sole and exclusive authority to dis
pose CT the territory, must be the sole Judge
Of the condition on which the disposal shall
be made The territorial government is,
indeed, but the creature of Congress, and
can neitherrise above the power which gave
it existence, nor to refuse obedience to its
lawful requirements. But the power deny
is very different one from this.
1t is that Of refusing recognition and pro-
lection to the rights Of property rights which
lie at the foundation Of, and are indispensable
to, all government and all society and, in
deed, being among the chief objects to pro-
tect and preserve which, society was or
ganized, and governments were instituted
among men, are not merely guaranteed by
the Constitution, but are paramount to all
constitutions and laws. With civilized and
associated men, these rights make part of
their actual existence. To protect, defend,
and preserve them, is but protecting, defend
ing, and preserving existence itself. 1t is
to rights like these / deny that Congress has
the DO er to refuse or to forbid any authority
subordinate to, or derivative from, itself, to
refuse recognition or protection. concede
that Congress may, rightfully, as has been
often done, and is done in this bill, retain
and exercise revising Ga veto) power over
all the acts If the Territorial Legislature,
The power to do this, is, in my opinion, un-
questionable, and its exercise is lscretionai y !;
but, like every other power, to be either le
gitimate, proper, or authoritative, must not
only be exercised, but must, also, be imited,
within the sphere to which was assigned,
and to the uses for which it was conferred.
Now, the power to dispose of the territory
belonging to the United States, which is the
property, in common, of all the people of all
the States, was, and could only have been
given, for the common and equal benefit Of
all The Constitution, therefore, could not,
and does not, confer, and Congress cannot,
and does not, possess any power to make use
of this general and equitable trust, SO as to
discriminate, invidiously, between the citi-