The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-15
cITY OF wAsHINGToN FRIDAY MORNING. FEBRUARY l5 1850

a soil which is now free-but the proposition which il
present nor in any iuure acquisition Of territory which
shall be made by the United States whether II be slave
or free, shall slavery exist The flag of this Unlon
cording TO this idea, 10 float any Stale
Territory in which slavery may exist unless i is iI
those States Territories where IL is now established
lit could be shownand il have strength hope 10 bt
able 10 show-that the South has with the North equal
rights under is constitution that the inevitable result
Of that equality is equality OF right TO participate il
all the acquisitions which made by this goyernmenr
and that no incidental circumstance attending the cond
ton of any OF the parties TO the constitution, can IN
the exercise of an implied power destroy the right which
y founded upon that elementary principle Of equality
ths be demonstrated, there would result an obligation
on me part OF Congress, supposng them 70 DC invested
with the power of legislation upon the subject Of
slavery, not to prohibit the citizen Of the United
the common territory Of the Unon but 10 remove i
y We're necessary, any obstruction which existed 70
the enjoyment OF that right II Congress possessed
power TO egslae upon the subject Of slavery IN the Ter
tores OF California and New Mexico and there existed
any obstruction 70 the exercise Of the right OF the citizen
OF the South the South might, with confidence, appeal
them TO exercise this legislative power for the purpose 0
removing these distractions. But make such ap-
peal And now desire senators 70 observe the footing
upon which, far understand H. the southern claim
rests. We make no claim to your interference. We do
not invoke the exercise OF your legislative power We
deny that you possess such powers We say to Con
ever source this may be derived Of instlung govern
ments for these Territories Abstain from legisating
upon the subject Of slavery You assert one principle
and another Leave that principle to be decided by
the constitutional arbiter between We do ask
your legislative aid What deprecate il your legisa
Territories you may fit. No southern will inter-
fere oppose your progress But abstain from the OF
the power which you affirm and deny, and give us
the privilege OF referring the question Of difficulty be-
tween us TO the common arbiter established by the
stituton. Organize your Territories you will but
abstain from any act Of Legislation calculated to abrdge
the enjoyment OF right which assert. Abstain from
any leg station calculated to interfere with the enjoyment
OF that right and then boldly advancing with all the
you hold give the right with humber faculties and
eebler neecs to go before the constitutional arb,er
and TO assert our rights.
This is the OF the contest and in this state OF
things appeal to the senator from Kentucky what il
that in condition to surrender! What is it that
we shall be asked TO yieldl We say that we have a
to legisate for them without interference with
joyment Of that right This you deny Give then the
privilege of going before the constitutional tribunal
What to yield! Must yield our constitutional
right to invoke the judgment OF the highest tribunal OF
the Unioni We have nothing else to yield.
am perfectly aware, sir, that in reference to this, il
that is distractions that if have the constiiu-
tona right which claim, no legislation OF Congress
can interfere with it, agree that it cannot legally in
erere agree that all the legislation of Congress
ctng with the constitutional right OF the cizen in
valid and maintain that such legislation upon the part
of Congress would interfere, and would therefore be
in law invalid. But what then, sir! Would il be so in
fact while operation and before the Judgment
No, SIR; the legislative declaration that the southern
IeffltO-
ries with their slaves would prevent all emigration from
the South until, at least, the final judicial determination
OF the question should be obtained Meantime the Ter
rtores would be filled up by free aborers, and, in the
exercise OF that right which all OF the South well
the Norh, concede TO the people OF The States, when
al the proper te they come under the sanction OF Con
TO form their constitutions, to do so according to
their wishesat that time all emigration from the
South having been ecesary prevented by this egsla
tive action, the question of their rights would be decided
exclusively by the advocates OF free labor We should
be again in the condition in with regard to Cali
fornia and we should be told, with regard
it, Good gentlemen o the South is not Congress that
prevented you from going California and establish
ing your institutions there's 1t is the people of California
themselves California has filled up BY emigration
from the free States while the people Of the South have
been prevented from engratng by the doubt that has
been thrown upon their rights 10 lake with them their
slave property In this the legislative prohibition
would produce its effect, and control The destiny OF the
Territories TO which should be applied eectually
II hal had legal validity, even though lie nvaldIty
might subsequently, be established by The proper tribunal
Now, then, appeal TO senators 10 all fairness You
assert your right TO deny to MS the privilege OF carrying
our property into those Territories, which we deny.
Will you egisate upon The subject and thereby advan
tsge yourselves OF the intermediate effect of that legsa
ton, II in the result IL should be pronounced in
vaidi Is that siri Is there candor manlness in IL
Is this that feeling upon which you can rely for the
ervaon o this Unionr You know well il is not held
together by the parchment upon which the constitution is
written You know well that its security is in the hearts
Of the people Do you think that, by avaing yourselves
OF your numerical power to pass act oil Inhibition
the subject OF slavery IN organizing the governments OF
those Territories which may be eventually determined
10 be invalid and thus advanagng yourselves IN the in
erm OF the indirect effect ol such legislation, you will
lay the foundation OF harmony and good feeling Do
you think that by that indirect mode OF procedure, you
chenshng those sentiments of affection for the Union
on which the safety oi the nation depends! address
the Question you with feelings OF deep concern, but
with perfect codiaiy. God knows that on this
sion entertain desire TO deal in irritating elimination
| OF any sort
And now, Mr. President, ask OF gentlemen who di.
fer from this subject, 10 allow upon
hand and denied on the other This is a tribunal 10
which Il becomes 10 refer il more readily than 10 any
other Ii the opinion of honorable senators who
this power be correct II will bear the scrutiny to which
propose subject II il not, cannot believe that they
| would desire TO adhere to il.
Well now sir. the South, as have before said, as.
ses the right OF any citizen Of the United States par
tcipalc in lhe benefits OF all public property, and IN the
Territories oil the Union II asserts this in relation to the
citizens OF the savehoding States, well in relation
OF the free States That assertion necessarily
includes The denial OF the right and power o Congress 10
pass any law prohibiting them from emgratng into those
Territories and taking with them their properly OF what
Sort or TO ntepose any legislative obstacle in their
way,
Now sir, there are other propositions involved in this
statement II asserts, in the first place. the right par
tcipate in the common Territories Of this Unlon As
consequences, It denies the power OF Congress TO interfere
with the exercise OF that rights and in the third place, II
arms the right OF the citizens o the slaveholdng States
TO enigate into these Territories with their property,
non obstdne all laws which said to have existed in
Mexico nhibtng slavery in those Territories.
Mr. President, the first Of these propositions is the right
OF the citizen oi the slavehodiDg State participate
the common Territories OF The Union That right is
based upon the equality OF the States II they be equal
in dignity, in right; il they were so nj the formation of