Weekly national intelligencer., 1850-07-27

affords protection when It comes Winih no s.or ~
rsdicon Of laws which forbid the existence Oh slavery
not mean 10 90 into long argument upon this SUBJECT uu
intend at one ue take it up and discuss very iuny'
have thought il best, however, under al 'ne encuh-
Of the case merely 10 express Iiese 80 op
IONS which entertain in relation TO H. Ia my opinion,
therefore the suposion that the constitution ot the
United States carries slavery into California, supposng her
not TO be State assumption totally unwaanteu py Inc
constitution Why if the constitution gave the privilege,
ora he ncompetent for California to adopt the provision
which she has ia her constitution The constitution OF the
United States being supreme no state could pass an enact
ept in conravenon of the constitution My rules OF inter
n,enu the constitution Of the United States the good old
ras of 9s and 49, have in my life deyiatel from
those rules And what they The constitution is an
aggregate ceded powers No granted except when
il Is expressly delegated when il is necessary and proper
10 carry into effect delegated power And il in any in
stance the power carry slaves into the Territories is guar
aned to you by the constitution, incident necessary
to the carrying out of other that IN the
constitution, have been unable to perceive It. Amidst all
the vicsudes of public @ and amidst all the changes and
turns Of party have in my life deviated from these
great, fundamental and think ndspuaby true principles OF
interpreting the constitution Of the United States lake
these principles to be true, and where the any
body point me (which gives you night TO carry
your slaves to California Where is the delegated power or
the power which it attaches as necessary implication
Il nowhere to be found You must resort 10 some such
general principle the Federass did In the early history o.
this country when they conended for the doctrine of the
general welfare" But you put your finger on the
part OF the constitution which the right or the power
to carry slaves from one Of the States OF the Union to any
Territory of the United States
Mr. President, you will remark that ! am expressing an
opinion upon the power, the constitutional right do not
20 into the question Of how the powers are to
be exercised applied in the course of administration That
is distinct question. am arguing the question OF cons'l-
tutiona power. Nor, sir, admit for single moment
that there is any separate several rights upon the part OF
the States or individual members of State, any portion
of the people of the United Staes carry slaves into the
Terrtoes under the idea that those Territories held in
held by for the general good, and to be ad
minsered by the General Government according to- Its dell
berae Judgment of what will best promote the common hap
piness and prosperity, and do justice to all.
IT, therefore, right in these opinions which have
pressed to run line 35 deg Sc deg 80 nin through
California without declaring what the effect Of ha, line shall
be- either south north of it. would repeat be running
line in the sand-a line without motive, without purpose,
without accomplishing any end whatever Therefore must
say that those Senators upon the other sde who have
tended for express recognition Of the right carry slaves
south that line, have conended for something much more
perfect and efficient than naked line without any
such declaration. But them there considerations
which oppose nsupabe objections to any such recognition
declaration carry slaves south OF that ne The rst Is
that you cannot do without assumption OF power upon
the part Congress to act upon the institution OF slavery
and if they have the power way they have the power
to act upon the other way and the power to act
either way what you have denied and opposed, and en-
deavored prevent being accomplished for the last two Or
three years. II would be an assumption, usurpaton ac-
cordng the Southern doctrine, for Congress to exercise
any power either to ner establish slavery upon either
side of given line. The other objection accomplishing
this end is that it is imprac,cabe and unattainabe ma
oy neither of this House nor of the other House-no one
third probably of this House. and perhaps still smaller por
ton Of the other Household be got affirm any right OF
transporting slaves south of Sc deg 80 min 1t is then
wrong in principle, and impacticable and nexpedent
Why, then contend let ask, for line which, if att
tanahe all, aanable without value, without necessity,
without advantage the South Or why attempt that
which utterly unattanable-a line which shall secure any
express provision for the power right the part Of the
STAKEHOLDER to carry his slaves south ofit'
Having endeavored to show that the measure which
have under consideration better for the South than the
Missouri line, let me compare the in few brief
words with the other which has been under consideration
by heretofore The other proposes admit Cali
fornia forthwith, and New Mexico she presents
constitution, and Utah to follow time after New
Mexico admited-a to be permitted decide the question
for themselves without any Intervention Of the power
authority of Congress- e.
WE'LL what advantage is that to the South You know
for believe it has been already done by the constitution
New Mexico, well as by that Of Cafonia-hat slavery
will be prohibited You know that if New Mexico in
she comes in like California with ntercton Of slavery
and you know that she will in without such
nterdicion What do you get then What advantage to
the South Sir, it is one-sided measure-the measure
which am considering. 1t is all North, and looks all
towards Southern interests 1t is liable objections which
have already stated upon former occasion, and which it
not necessary that should repeat But il you admit
New Mexico with the boundary between her and Texas
Territory and people who, if Texas shall establish her claim
to the whole extent Of the border of the Rio Grande
may be cut off the subsequent action of Texas of the
Supreme Court of the United States You admit the State
of New Mexico, Afterwards to be in two, and left
in the Union without territory, and whoutpeople; for will
state what well known dare other Senator'S that all
the people who constitute any ground color of claim
for the admission of New Mexico the Union State
upon the side of the Ro Gande, and all the territory
worth having upon the side of that river Then it
happens if the plan presented for the admission Of these States
be adopted and carried out you take California absolutely
with all her present limits and New Mexico in such way
that it may happen that you will have State in the Union
without territory and without people Texas by the
ton and successful prosecution of her claim will have taken
all the territory and all the people that would have constituted
any ground for the admission of the State OF New Mexico
Mr. President approach the question Of what the
consequence be of the defeat of the before
the Senate and what the consequence will probably be in
OF the successful support of the by Congress If the
bill IS defeated and equivalent be passed. IN all
human probability would be the case-f this is
passed, and we go home, in what condition do leave
this free and glorious people In regard to Texas there is
DANGER as have remarked Of two civil There is dan
GER IN the first place. of the resistance Of the people OF New
Mexico to the authority of Texas supposing non-iner-
ference the part Of the General Government. But if
New Mexico goes to organize herself into State Govern
en and insists upon the exercise of the powers which ap-
pertain to State sovereignty, shut our eyes and
blind to passing events, if do that there danger
OF servie civil war; originating between Texas and-f you
peasehe troops Of the United that may come in in
aid Of New Mexico Assuming that Texas will move with
military array upon New Mexico there will probably be re.
s,ance upon the part of the General Government to the en-
try Of the troops of Texas into the limits of New Mexico al