The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-05-23
WHOLE NO. III.

not have been well TO have said, "Suficient unto
the day is the evil thereof ~
As the basis Of his argument Mr. Webster
| quotes the following resolution.
New States Of size not exceeding four IN
number In addition 20 said State Of Texas and having
ncent population may hereafter by 1nsen OF the sd
State be formed ont Of the territory thereof which shall be
entitled to admission unr the provisions Of the Federal
Constitution And such States may be formed out of
that portion Of said territory lying south o. ~ Deg min
nDrth latitude commonly known the Missouri Compro
mise line shall be admitted into the Union with without
slavery the people Of each State asking admission may
desire and in such State States shall be formed
said territory north OF said Missouri Compromise line
very or Involuntary serVtude except for crme) shall be
prohibited
Note here, first, that only "fow" States are to
be admitted in addition TO said State of Texas p
and second, that " such State or SGt<sn lin the
plural as shall be formed IRON Jerutory north Of
800 80, shall be free If trgo, or only one free
State is TO exist on the north side Of the line then
how many will be left for the soWh side7 should
expose myself TO ridicule were | to set it down
automatically four minus one, equal to GIas. Yet
Mr.. Webster says "the guaranty il, that new
States shall be made out Of il, 1.-THE Texan terrific
ry,l and that such States as are formed out Of
that portion of Texas lying south Of 800 30, may
come in as slave States 10 The Ha,Jer Of rorR, Ia
addition to the State then in existence and ad-
mitted at that time by these resolutions - Page
30
Here Mr. Webster gives outright to the South
and TO slavery, one more State than contracted
for-assuming the contract to be valid. He makes
a donation, a grstuity, Of an entire slave State,
larger than many European principally. He
transfers a whole State, with all its beating hearts
present and future, with all its infinite suscepti-
bilities of veal and VICE. from the side of freedom
to that of slavery, in the leger-book of humanity
What bridal gift for the harlot Of bondage.
Was not the bargain hard enough, according to
it's terms7 Must we fulfil it, aud go beyond it
Is slave State, which dooms our brethren Of the
human race, perhaps unfortunately, to the vessal's
fate 80 insignificant trifie, that il may be flung
in, as small change on the settlement of an &C
conDt] Has the South been no generous a Co
partner, as to deserve this distinguished token Of
our gratitude
Why IS pas, q gsa57a;Hf So>.Ia ne nS aaaN~-
claimed sll the four States, in addition TO said
State of Texas as free States7 The resolutions
divide the territory into two parts, one north and
one south Of the line of $50 30 Could not Mr.
Webster have claimed the four States for Freedom
with az sound logic and with far better humanity
than he surrendered them 10 Slavery? When
Texas and the South have got their slave States
Ito The number Of four into the Union, whence are
we to obtain our one or more free Statesl The
contract will have been executed, and the consent
of Texas for another State will be withheld.
Notwithstanding all this, Mr. Webster aft rms
the right Of slavery to four more States, in the
following words: /" | know no form of legislation
which can strengthen this. ! know no mode of
recognition that can add title of weight to it,"
Catching the tone of his asseveration, respond
that | know no form Of statement, nor process of
reasoning, which can make it more clear that this
is an absolute and wanton surrender of the rights
of the North and the rights of humanity.
But hold the Texan resolutions to have been
utterly void and proceed to give the reasons for
my opinion.
begin by quoting Mr. Webster against himself
In an Address to the people of the United States
from the Massachusetts Anti-Texas State Con-
vention, January Goth, lSl5, the subjoined pas
sage, which is understood, or rather, may say is
now well known, to have been dictated by Mr.
Webster himself, may DO found;
"But we desire not to be misunderstood Ac-
cording to our convictions, there Is no power in
any branch Of the Government, or all its branch
es, to annex foreign territory to this Union.
We have made the foregoing remarks only to
show, that If any fair construction could show
such power 10 exist anywhere, To he oxer-
cised in any form, yet the manner Of its exercise
now proposed is destitute Of all decent Sep,Jlanee Of
constitutional prOwiay"
Thus cancelling the authority Of Mr.. Webster
in 1850 by the authority of Mr.. Webster in ls45
i proceeu Win the argument
Though the annexation Of Texas was in pur-
suance Of void stipulation yet 1t is clear prin-
ciple of law that when contract void between
the parties, has heen eEec,aed by them, Ii cannot
then be annulled. IL executed, 1t becomes valid,
not by virtue of the contract, but by virtue of
the execution bow to this legal principle, and
would fulfil it. But any independent stipulation
which remains unex ecuted, remains invalid. Such
is that part Of the annexation resolutions which
provides for the admission Of brood Of Texan
States The resolutions themselves say in ex-
press terms, that the new States are to be admit
ted "under the provisions of the Federal Consti-
tuition u and the Constitution says, New States
may be admitted By The Congress into this Union"
By what Congress Plainly, by the Congress in
session at the time when application for admission
is mode; and by no other. The fourth Texan
State may not be ready for admission for fifty
years to come and could the Congress Of 1915
bind the Congress Of l9002 The Congress Of
1900 and all future Congresses, will derive their
authority from the Constitution of the United
States, and not from any preceding Congress.
Put the case In a negative form. Could the Con-
gress Of 1916 bind all future Congresses NOT to
admit new States, and thus, pro tamO, annul the
Constitution Positive or negative, the result Is
the same. No previous Congress, on such sub
ect, can enlarge or limit the power Of subse-
luent one. Whenever, therefore, the question
of a new Texan State comes up for consideration,
the Congress then IN being must decide II on Its
own merits, untrammeled by anything their pre-
leoessors have done; and especially free from
law which, while similar in spirit, Is thousand
times more odious in principle than statutes Of
Admitting that future Congress, on such
subject, might be bound by treaty, answer that
there was no treaty; while the fact that treaty
s..a- L.. ~I..AtA
Senate, for the sake Of obtaining certain votes
that would never otherwise have been given in
their favor, and under an express pledge from the
Executive tina. the method by treaty should be
adopted, which pledge was forthwith iniquitously
broken leaves no element Of baseness and fraud
by which this proceeding was not contaminated.
In the name Of the Constitution, then, and OF
justice, let every honest man denounce those res
olutions as void alike In the forum Of law and in
the forum Of conscience and, admitting Texas
herself to be In the Union, yet, when application
Is made for any State from that territory, let
the question be decided upon the merits 1t may
then possess
And was not MIR Webster of the same opinion,
when, In Faneuil Hall, in November, ls43, after
the Resolutions Of Annexation had passed, he
made the following emphatic, but unprophetic,
declaration:
at is thought, 1t Is an idea do not say how
well founded that there may yet be hope for
resistance 10 the contamination Of the act ofannex
alton. can only say for one that II should fall
10 my lot 10 hoUea vote on sueh question, AND WORK
FOR THE ADMISSION INTO THIS UsloN or ANY
STATE wITH CONSTITUTION WHICH pRoHIBrrs
yvEs rHK LEGISLATURE FROM EVER SETTING THE
soSpMgN pREE, SHALL NEVER SHOW MY
HEAD AGAIN, DEPEND UPON IT, IN
FANEUIL HALLp
There is another objection TO any future claim
OF Texas to be divided into States, which grows
out Of her own neglect 10 fulfil the terms and
spirit Of the agreement. In the territory north
Of the Missouri Compromise line slavery or In
voluntary servitude, Except for crime,) shall DO
prohibitsdp So reads the bond But II Texas
suffers slavery TO be extended over that part Of
her fArritorx than Nhan IL hecomea nonulnna