The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-14

u. Is
high duties ihat1he Constitution can be preserved
and with il the Union.
But how stands the profession of devotion to tn
Union by our assailants, when brought to the test
Have they abstained from violating the Constitution
Let The many acts passed by the Northern States Il
set aside and annu the clause of the Constitution
providing for the delivery up of fugitive slaves an
swer. | cite this not that IL is the only instance
flor there are many others,) but because the viola
ton in this particular is too notorious and palpab
10 be denied. Again: Have they stood forth faith
fully TO repe violations of the Constitution lie
their course la reference to the agitation of the sla
very question, which was commenced and has beer
carried for fifteen years. avowedy for the purpos,
OF abolishing slavery in the States-an object al
acknowledge TO be Observation-Disclosures LIE
them show single instance, during this long pc
Rod, in which they have denounced The agitatOrs OF
their attempts TO effect what is admitted 10 be un
constitutional single measure which they have
brought forward for that purpose How can we, with
all these facts before us believe that they sincere
in their profession of devotion TO the Union avoic
believing their profession is but intended TO increass
the vigor of their assaults and TO weaken the orcs
of our resstancel
the Union on ste part Ii those who are not our as
sailants as sincere, when they pronounce euiogies
upon the Union, evidently with the intent Of charg
ing us with disunion, without uttering one word OF
denunciation against our ASSISTANTS. IL friends o.
the Union, their should be TO unite with us In
repeling these assaults and denouncing the authors
as enemies of the Union. Why they avoid this, and
pursue the they do, il is for them TO explain
Nor can the Union be saved by invoking the name
OF the iliustrious SOutherner whose mortal remains
repose ON the western bank of the Potomac. He
was one of us-a STAKEHOLDER and planter. We
have studied his history, and find nothing in il to
Justify submission TO wrong. On the contrary, his
great fame rests on the solid foundation. that while
he careful to avoid doing wrong to others, he
was prompt and decided in repeing wrong. | trust
hal i'm NJ his pXamnle
Nor can we find anything in his history to deter
us from seeding from the Union, should IL fail 10
fulfil the objects for which il Instituted, by being
permanently and hopeessy converted into the means
trary we 6nd much in .1i~ e<ample encourage us,
should we be forced to the extremity % deciding
between submission and disunion.
There existed then, as well as now, a union-that
Derweeh parent country and her then colonies. II
was union that had much TO endear Il 10 the peo-
pie of the colonies. Under its protecting and super
intending care the colonies were planted and grew
up and prospefed, through loag course OF years,
until they became populous and wealthy. It's bene-
fits not limited to Them Their extensive agr.
cultural and other productions gave birth TO -four
ishng commerce, which richly rewarded the parent
country for the trouble and expense of establishing
and protecting them Washington was born and
grew up TO manhood under that union. He ac-
qured his earliest distinction in its service and there
is every reason to believe that he was devotedy
He was attached to ii, not end, but as a means
TO an end When IL failed to fulfil its end, and in
ste of afiording protection, was converted into
the means of depressing the colonies he did not
hesitate TO draw his sword and head the great nov
ment by which that union was forever severed, and
the independence of these States established. This
was the great and browning glory of his life, which
has spread his fame over the whole globe, and will
transmit il to the latest posterity. Nor can the plan
proposed by the distinguished Senator from Ken
g,ot Of tha Amt fhp
ion / shall pass by, without remark, the plan pro-
posed by the Senator, and proceed directly to the
consideration of that OF the Administration. how
ever assure the distinguished and able Senator that
in taking this course no disrespect whatever Is in
tended TO him or his plan have adopted It, because
so many Senators Of distinguished abilities who were
present when he delivered his speech and explained
his plan, and who fully capable do justice to
the side they support, have replied to him.
The plan Of the Administration cannot save the
Union because il can have no effect whatever to-
wards satisfying the States composing the Southern
section of the Union. thai they can consistently
In fact but modification of the Wilmot Proviso. IL
proposes to effect the object, to exclude the
South from all territory acquired by the Mexican
treaty. 1t Is well known that tho South Is united
against the Wilmot Proviso, and has committed IT,
self, by solemn resolutions, 10 resist, should 1t be
adopted. Its opposition IS not 10 the name, but that
which il proposes 10 effect. That the Southern Sates
hold to be unconstitutional UNJUST inconsistent with
their equality as members of the common Union, and
calculated TO destroy irretrevaby the equilibrium
ly apply to what for brevity, will call the Execu-
tive Proyiso There is no difference between IL and
the Wilmo except in the mode OF efiecting the OBJ
lect; and in that respect, must say that the latter
is much the least Objectionable II goes to its object
openly, boldly. and distinctly. 1t claims for Con-
gress unlimited power over the Territories and pro-
poses TO assert il over the Territories acquired from
Mexico, by positive prohibition of slavery, Not
SO the Executive Prsviso. IL takes an indirect
course, and in order TO elude the Wilmot Proviso
and thereby avoid encountering the united and de-
termined resistance of the South IL denies, by i'm
piicaon the authority of Congress to leRislate for
the Territories, and claims the right as belonging
exclusively the inhabitants of the Terri cries. But
10 effect the object of excluding the South il takes
care, in the mean time to let in emigrants freely
from the Northern States, and all other quarters ex
cep from the South which il takes speciai care 10
exclude by holding to them the danger of having
their slaves liberated under the Mexican laws. The
necessary consequence is to exclude the South from
the Territory Just us eflectually as would the Will
mot Proyiso The only difference In this respect Is,
that what one proposes effect directly and openly
the other proposes 10 effect indirectly and covery
But The Executive Proviso Is more Objectionable
than the Wilmot, in another and more important
particular The latter TO effect its object intlicts
dangerous wound upon the Constitution by depriv-
ing the Southern States as Joint partners and owners
of the Territories, Of their rights In them but II in
TO effect It's object. The former, the contrary,
while it inhicts the same wound, infiicts others
equally great and If possible greater, as shall next
proceed 10 explain
In claiming the right for the inhabitants, instead
of Congress- TO egislate for the Territories In the Ex
ecuys Proviso II assumes that the sovereignty over
the Territories is vested in the formers or to express
il In the language used in resolution offered by one
of the Senators from Texas, General HoUsToN, now
absent they have "the same inherent right OF self
,ha in tha tate hp
sumption Is utterly unfounded, unconstitutional
without example, and contrary to the entire practice
of the Government, from its commencement 10 the
present time as snail proceed TO show.
The recent movement of individuals In California
to form Constitution and State Government, and
TO appoint Senators and Representatives is the first
fruit of this monstrous assumption. II the indlvid-
uals, who made this movement had gone into Call
fornia as adventurers, and IT, such, they had con-
auered the Territory and established their indepcnd-
ence the sovereignty of the country would have been
vested in them as separate and independent COM
munity Ia that case they would have had the right
10 form Constitution, and 10 establish uovern-
ment for themselves and II afterwards they hought
proper 20 apply TO Congress for admission into the
Union as sovereign and independent State, oil this
would have been regular, and according to establish
ed principles But such Is not the case. IL was 'ne
United States who conquered Caiiforn'n, ana hnafy
acquired it by treaty. The sovereignty OF course,
invested in them and not in the individuals who have
attempted TO form Constitution and State with
out their consent. Ali this Is clear, beyond contro
versy unless IL can be shown that they have since
lost or been Invested of their sovereignty.
Nor is IL less clear, that the power oil iegisaunt
over the acquired territory Is vested In Congress, an'
not as IL assumed In the inhabitants Of the Terrific
res None can deny that the Government oil I'M
United States have the power to acquire Territories
either by war or treaty. but, If the power to ACQUIRE
exists IL belongs TO Congress TO carry u INTO efecu
ton On this point there can be no doubt, tor IN
Constitution expressly provides that Congress sha
have power to make all laws which shall be neces
sary and proper TO carry into execution the oregoin
powers" chose vested in Congress0 !" and all o'he
powers vested by this Constitution In me Gorenmsh
Of the United States or in any department or enc
| thereof" Ii matters not, then, where the power
vested for If vested at all In the Government OF IN
United States, or any Of its departments, or otcer
the power of carrying 1t into execution Is c,enI'