Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-05-10
NUMBER 3.

ciscy the period when the right O: seigoyernmcnt com
mences. Ii the inhabitants, indeed have lately passed
through rerotion why, that explains everything; but if
the President has melted encouraged such
among the people owing allegiance the United States he
has incurred grave responsibility
Sir, from expressions in the first California message
am led 10 suspect that this terra cogal this STATE OF
California; is part Of our territory the shores Of the Pa
cic and that the proceedings which resulted in the adop
ton of what is called State Constitution lcerc advised and
| encouraged by the President.
Let me read some of the expressions 10 which audc
Il did not hesitate express the people Of these Teri!
tories my desire that each Territory should ii prepared To
comply with the acquisitions of the Constitution oi the t.
oa'e form plan Of State constitution ana submit Tie
same to Congress- With for admission Union
as State"
lie ddrised Tie people! What people Certainly there
were none there, who by % authorized 10 act upon
his advice. NE nished each Territory e Iioa
State Here too he authority that bclonas
10 Congress alone How could possibly know what dis
ry acquired from Mexico! In 1901 Louisiana divided
INTO TWO Territories; and, in lS22. East and West Florida
were consolidated into one And yet the President, in
vance OF alegsatlon advises the people zach Territory
| 10 form plan Of n State Consitution.-Asan:
"under these circumstances | though, and still think
that il my duty endeavo put the power ot
Congress by the admission Of California and New Mexico
States TO remove all occasion Tor the unnecessary aga
| ton Of the public mind"
The unnecessary agitation! Wings OF the Sonih what
say you 10 this But surely there easier method
preventing this acaton he had only declare his purpose
10 redeem the pledges made his behalf bv hs Southern
supporters before his election the Presidency am so
y, sir that the President has thought tit adopt this
simple mode OF alaying the agitation which he much
deprecates Instead of that, the people dwelling in
California and New Mexico invited surp powers be
longing only the representatives Of the people of the
United Sta'es-to prerent tie public mimi from being IN
necessarily asated! Who knows but the motive may
induce the President 10 communicate this House the
stution of the State Of Columbia, so0n perhaps o be-
adopted by the people Of this District in the exercise of
those natural rights OF segovcnment which haye been
pectcd on the other side of the continent
Sir, had the President been disposed seek for the limit
eislaon of Congress, he could have been loss
derstand the of his power. In October 1903 soon
after the acquisition Of Louisiana law passed autho
zng the President 10 take possession Of that territory and
10 appoint the military civil and Judicial officers similar
law passed in lS2 i'll relation Folida and III l.22
such citizens aS possessed the qualifications prescribed by
law, authorized elect delegate Congress Ex-
press authority given the President both the
OF Louisiana and Florida 10 appoint legislative council Ii
these early precedents forgotten how that the
law which passed the last session OF Congress-
twelve months ago. was also overlooked! audc to the
act establishing territorial for Minnesota
Congress- in their simplicity then supposed that the right
prescribe the qualifications Of voters vas exclusively theirs
and that was especially proper 10 conno 10 citizens o the
ned States the nigh privilege ot regulating The domestic
affairs Of territory 'beiongay 10 the fnited States" But
new lights have lately dawned upon us!
Sir whatever surprise and regret the and opinions
Of the Administration may have occasoned its southern
supporters | cannot say they unexpected Ia !
could have wished, however, that my approximations had
been realised and that the President elected hc
with the of the southern States,
would have deemed their cause iha; OF the Constitution
But fear il is lae and il is with real modification
that find myself constrained 10 class President Taylor in
the number Of opponents Bat there is only the
necessity laid upon supported they 10 be- by his
powerful auxiliary, 10 expose the into which tlcy
have fallen, and assa the positions they have assumed.
l trust shall be enabled enter upon this discussion
with calmncss and moderation, and with all proper phrll
nenr Difference 10 the feelings and opinions OF those who
dier from me-
Abolish slavery in any State territory where exists
but only prohibit s introduction into territory which
now free. This is the statement of the Northern position
and this mode of stating the question issue between
US that has cxericd so disastrous an influence upon me
opinions of the people Of the nonsaychodna States. But
in declaring that their sole Object Is Ia prohibit the inodc
ton this institution into country where it does not now
prevail they only beg the question They take for granted
what they required prove, ard What now most cm
phaticay deny The institution 9f Stare'y do6 ho .r'| IA
California; and the other territory acquired from Mexico
and the legislation contemplated by the North II could
have any constitutional validity II ALL would abolish and
suppress il, and merely prevent it, introduction d"
not say that there sreS in California bnt that sary
recognized rclaon-as domestic ar pollllca ns'iin
ton does this time prevail throughout California .and
New Mexico. The absence Of slaves does not ne
cessarly prove the unlawiiness of slavery Ii oil the
slaves in the Of Virginia should BE- sent beyond her
borders emancipated by their several pGopret'S cld
be said that sdrery longer existed gchn is an
cent and eaalzcd relation between master and servant was
by this accidental absence emancipation .! the siV.s
destroyed prohibited! Would the right o her cil2f m I"
acquire and introduce other slaves from other States BE- az
m end Undolbedly The right 10 bold slaves would
exist though there might be slaves night always pre-
cedes the occasion for IL exercise The aht Ia establish
bank preccdes the actual creation oi he bank The night /"
elect 10 Office pcccdes the actual appointment I" The oco
the right property in house preccdcs the actual creation
f The building The nexiSence of thing does not prove
lis cgaty The absence OF persons holding the relation OF
and wife, would prove the unlawulness OF the
institution OF marriage.
Whether then the institution of slavery or the right
bod slaves does or does exist in California depends
all upon the actual presence o slaves that Territory
To determine this point must ascertain whether ihc"H-
stna law III California authorizes orbds slavery there
fit is authorized then the effect OF Northern interference -
10 abolish slavery where II nov exists ana mol simply 10
cudc ii from places where it does not exist.
What, then, the laws prevailing in California This
material inquiry; for if gentlemen insist that slavery Is
this time prohibited in that Territory they must tell us by
| what laws this Of things has been produced.
| The only laws which California il can be Subleci,
are the Constitution of the United States. the passed
from time time by Congress- the treaty between HE NJ
ted States and Mexico and what IL generally called The local
law existing in California at the time Of lis acquisition by
the United States. Ii SLAVERY IL now excluded from hat
Territory be By force Of more al these
or other does or can exist there II II be prohibited by
none of these then it is prohibited ALL shall
deavor Mr.. Chairman, 10 show that il is not forbidden BY
any of them; and if succeed in doing it will appear
that Notwithstanding the plausible assurances %! the North,
what they propose is really abolish the institution a
very where il now legally exists.
| Is slavery excluded from California by the Constitution of
the United States! But here may be told hat the Consfi
tuition has application Ia a Territory and tnat am
wrong in citing among the laws which California is sub
ect know, sir, that of late this extraordinary doctrine
ms been held by several distinguished and gifted
felt last Winter much astonishment when learned that IL
had been proclaimed b. Senator from Massachuse,is,
whose forensic reputation 50 well established IS perhaps
suffer the ct such OPT
Mon this The Constitution docs not ertcnd 10 the Ter
ritorest Why sir what is the Constitution! Its body
Of laws rules mandates, established by the United States
for the United States 1t directs how these States their
agents shall do what is permitted 10 be done by asn ut all
is addressed places and wherever there
persons assuming all under its authority there does
the Constitution apply the and direct command and
troll them Ii is then almost socsm that the Const
tuition does does ertend 10 Territory Gentlemen
vaguely speak of if il something tangible material
maleabc which, like godlenf might be hammered out and
made spread itself from place place Ii has parts no
hysca extension and does occupy space 1t IL the s
premc and sovereign uW /, upon all other wills sub
ect its control 1t operates upon intellectual agencies
and wherever there such agencies deriving Their aut
y from the Constitution from those whom the Consu
ton called into beingno matter whether IN me iefhofls-
in the Sates addresses itself them and commands
their obedience. Let them where they nay-,o Europe
ASIA Africa, land the soas!s sovereign VIII follows
them, directs them, controls them.
Sir not only the Constitution, but every constitutional
act of Congress applies TO the Territories Even law d
rcctBg the building Of house 10 the city OF Washington
extends not only the District OF Columbia but to all tht
States and 10 all the Territories of the United States Lei
any controversy matter whcrerespecin9 such
will bound by its provisions. The house would not cN
tend the Territorcs but tie supreme will! embodied il
the law extends wherever there persons who obej
ence TO it,
The error into which many persons have fallen upor
this point results from their confOundng the objects sub
lecs of certain provisions of the Constitution with III