Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-11

VIZ IL
applicable to u1peoped territory and as that territory
Will become peopled gradually insensiby until it
population which may enttle il to the benefit of self.
government, n the meantime it is right and proper that
congress, who owns the SOIL should regulate the settle
ment OF the soil, and govern the settlers the SOIL
unt those settlers acquire number and capacity to go
vern themselves.
Sir will not further dwell upon this part of the sub
Ject put SAID there another source OF power equally
satisfactory, equally conclusive in my mind that
Wch relates to the territories and that is the treaty
t hng powertne acquiring power Now, put ito gen
tlemen, IS there. not at this moment power some
Whefe existing either to admit or exclude slavery from
lhe coded territory! 1t is not an annihalated lower
maj Is Impossible 1t is subsisng, actual existing
power and where does exist2 1t existed presume
no one will controver in Mexico prior to the cesson Of
these territories Mexico could have abolished slavery
OF Introduced ROD slavery either in California New Mex
this position WE'LL Mexico has parted from the terri
tory and from the sovereignty over the territory and
to whom did she transfer it! She transferred The ter
noy apd the sovereignty OF the territory the govern
ment OF the United States. The Government OF the
united states them acquires i'll sovereignty and in ter
rory over California and New Mexico, all, either in
sovereignty or territory thai Mexico held in California
or New Mexico by the cession of those territories Sir
dispute hat who The power exists or il does rot;
no one Will contend for its annhilaon. 1t existed in
Mexico, No one, think, can deny that. Mexico
alenated The sovereignty over the territory and her
ailenee IS the Government OF the United States The
Government OF the United States them possesses all
power which Mexico possessed the ceded terrific
RES ana the Government OF the United States do
IN reference to hemwithin, admit certain limits of
the Constitution-what Mexico could have done There
are prohibitions upon the power Of Congress within the
Constitution, which prohibitions admit must apply to
congress whenever she egslaes whether for the old
states or tor the new Territories but within those pro-
hblons the power of the United States over the coded
territories are coextensive and equal to the powers of
Mexico In the ceded territories prior to the cession
Slr, IN regard to this treaty-mak ing power all who
have any occasion to examine into its character and to
the possible extent to which it may be carried know
that IS power unlimited in its nature except n so far
as any Limitation may be found in the Constitution of
the United States and upon this subject there is no Ii
imitation which prescribes the extent to which the DOW
ers should be exercised know sir it argued that
nere is no grant OF power in the constitution in specific
terms over the subject OF slavery any where and there
is no grant IN the constitution to Congress specifically
over the subject OF vast variety of matters upon which
lee powers OF Congress may unquestionaby operate
The major includes the minor. The general grant of
power cempehends all the particulars and elements of
winch that power consists. The power Of acquisition
by treaty draws after the power of government of the
country acquired. Ifthere be power to acquire there
low, power to govern think therefore, sir, with
out at least for the present. dwelling further on this
OF the SUBJECT that to the two sources of authority in
congress to which have referred and especially to the
last, my De Traced the power OF Congress to act
In the territories in question: and sir 90 TO the extent
and think it is power in Congress equal to the in.
production or exclusion OF slavery. l admit the argu-
ment IN both its forms; admit if the argument be
maintained that the power exists to exclude slavery i,
necessarily follows that The power must exist if Con
gress choose to exercise it, to tolerate introduce sa-
very within the territories
But, SIR have been drawn off far from the second
resol utlon-not from the object of it. but from parti-
cuar view oitthat it has almost gone out ofmy re-
collection. The resolution asserts
mat as slavery does not exist by law, and is not
likely to be introduced into any of the territory acquired
by the United States from the Republic of Mexico is
nexpedlent tor Congress to provide by law either for its
introduction INTO or exclusion from any part Of the said
md That X
ought to be established by Congress in all the said ter
rtory, not assigned the boundaries Of the proposed
state OF California, without the adoption Of any restrc
ton or condition on the subject of slavery"
The other truth which respectfully and with great
deference conceive to exist and which is announced in
this resolution is that slavery is likely to be intro
ducednto any these territories WE'LL sir, is not that
afacE Is there member who hears me that will not
confirm the fact! What has occurred within the last
three months? In California, more than in any other
portion OF the coded territory it most probable if
slavery was adapted to the interests of the industrial pu-
suits OF the inhabitants, that slavery would have been
introduced! Yet, within the space of three or four
months, California herself has declared by unanimous
vote OF her Convention, against the introduction ofsave-
ny within her limits. And, as | remarked on former
occasion, this declaration not confined to non
shareholders There were persons from the savehod-
ing States who concurred in that declaration. Thus
this tact which is asserted in the resolution is responded
toby the act of California. Then sir five come down
10 those mountain regions which to be found in New
Mexico, the nature OF its soil and country its barren
ness Its unproductve character every thing which re-
ates to It, and every thing which we hear of it and
about 1t, must necessarily lead to the conclusion which
nave mentioned, that slavery Is not likely to be intro
duced into them
Well sir it be true that by law slavery does not now
exist IN the ceded territories, and that it not likely to
be introduced into the coded territoriesyou Senators
agree to these truths, majority of YOU as am per-
snaaea large majority OF you must agree to them
where the objection the difficulty to your anuounc.
ing them to the whole world! Why should you hest
tate or ater IN the PRONUNCIATION of ncontestabe truths
Cn the other hand with regard to Senators coming
from the tree States, allow me here to make with re-
ference to California, one or two observations When
thus feeling within the limits OF your States was gotten
upj when the Wilmo proviso disseminated through
lhen and your people and yourselves attached them
selves to that proviso, what the of facts The
state OF facts at that time that you apprehended the
introduction OF slavery there You did not know much
very few OF us now know much-about these very
territories. They were far distant from YOU You
were apprehensive that slavery might be introduced
there. You wanted protection to introduce the inter
dctlon called the Wllmot proviso. 1t was in this state
OF want OF information that the whole North bazed IN
IN behalf OF this provso 1t was under the an
prehenson that slavery might be introduced there that
you lett your constituents For when you came from
home at the time you lett your respective residences
you did not know the FACT which has only reached us
since the commencement of the session of Congress-
that constitution had been unanimously adopted by the
people OF California, excluding slavery from their terri
tory.
Well, now, let me suppose that two wears aoo II
had been known in the free States that such copst
ton would be adopted let suppose that had been
believed that in no other portion Of these ceded terrific
upon this great subject OF solcide, negro slavery the
people OF the North had been perfectly satisfied that
there was no danger let also suppose that they had
foreseen the excitement, the danger the irritation the
resolutions which have been adopted by Southern Lee
glsatures and the manifestation opinion by the people
OF the sayehodng States-le suppose that all this
had been known at the North at the time when the ag-
aton was first got up upon the subject of this Wmot
believe that it would have ever raaobod