The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-18
Washington, Thursday, July IS, 1850.

less in some measure the interest and policy of the
Government itself tohold theirpower in allegiance
till Territories can assume position which may
be respected, and allowed to invest themselves
vail, 1t follows that the moulding and regulating
power which was given to Congress is to he exer-
cised by the Executive or by subordinate officers.
States to be moulded, institutions to be estab-
lished, and political communities To assume posi-
tons which they could not have obtained, if not
teft under these unconstitutional and irresponsible
influences. In this way lieuenants use their uni
form TO invest themselves with Senatorial robes,
DC. This may be called the suggestive mode of
making States under military proclamation.
Now, as 10 the mode contemplated in the bill
under consideration. What is it, Why, the adj
yocates of the bib say that it is the duty of Con-
gress to give territorial government, but, as il
was not done, the Inhabitants have the right to
form a constitution, and come in without license
or the authority Of Congress, having been previ-
ousy given, mad that all these irregularities to
| be waived, and the policy of circumstances is to
be adopted, and constitutional duty and precedent
are to be superseded, and chance and opportunity
| are to take their place.
| My views OF constitutional duty will not allow
me to indulge in this doctrine of expedency--an
expediency, l fear, that has been suggested by
many temptations. Congress cannot make a
State, but il is its duty to discharge the trust of
an impartial guardian, and to institute such pro-
selves into State, when Congress may think
proper to devolve upon them the right Of provi-
ding constitution. After such leave has been
given, and not before, people Of territory have
the faculty of becoming State under consttu-
ton TO be formed exclusively by themselves, sub
Ject to the nghtful reservation Of Congress. My
opinion is, that when Congress has given this
leave IT will operate an irrevocable deed. We
are devolving an important trust, Of which Con-
gress cannot divest itself, and it should look to
such thing as would make the admission OF
such State into the Union consistent with the in
terest OF the other States and the rights of other
Territories. This thing of allowing people To
form State when they please and where they
please, IS usurpaton of rightful jurisdiction, of
a experimenting and fduciary representation. 1t
was not given by those who framed the Consttu-
ton, and ought not to be recognised by those
who profess to act under it. Confusion and in
justice must follow and derange our whole sys-
tenn. But while cannot under any circumstan.
ces allow State thus to form constitution with
out the previous assent of Congress-, know there
are two instances to the contrary; those of Mi
chigan and Arkansas, and they are the only two
will answer for this proposition to any one who
will go through with all the precedents. There
are but two, and they are precedents of evil, not
to be followed; and even in those cases we had
the security resulting from appointing the officers,
and from defining the boundaries, and all the Sc
curities of rnguar organized Government
They had been governed and regulated by Con-
gress. aas
The case Of California is reflected from another
mirror, and that is New Mexico. | hear gentle
men declaim bitterly against New Mexico, while
at the same time they are very willing to wave all
objections against California. But | will answer
for 1t, they were brought TO their present attitude
by precisely the same influences.
The birth of an individual is an event Of interest
and concern to society--but the existence of 4
/ t.Nllf 1, Gt,ta
grave concern to other communities and one Of his
torical magnitude. AS it effects the property anf
security of other States, they cannot be indiffer
ent TO the consequences of such a measure. New
Mexico, in her claim to become State withou
leave or license, is following in the wake of
more imposing predecessor, and may well claim
TO take refuge in precedent. All that they have
to do is to propitate the same feelings and inter
ests which encouraged and sustained California
and they about to do this, not only i'm defiance
OF Congress, but in violation Of the rights o.
another State. New Mexico can then come will
perfect claim, and will come with perfect claim
| if the other precedent is acted upon And wha
are we required to do' We are required to permi
these two States to come in with Just institution
as they may form, and with such boundaries a
they may assume, and there can be very littl
4 doubt OF what character they will be in one re
spect. What then do we get by this compromise
| California is to be extended from Oregon to Mex
/
slavery has been excluded from them by the con
stltutlon rendered to Congress. Gentlemen sa,
we VIII not yield inch OF this for Southern set
| Element. 1t has already been appropriated under
Northern institutions. On the contrary, thew ar.
willing to take from Texas as much slave territory
| as they can get, with view of converting il into
non-slave-holding territory, and with view OF
| keeping her slave-hoding neighbors in good order
They say California can do without guardian,
! but that New Mexico must have helping hand
Texas is thus required to curtal her limits, while
it is held as the duty of Congress to maintain in
violate The present proposed limits of California
| Now, that was not the opinion of some gentlemen
| whose notions were so peculiar when that subject
was first agitated. The progress Of events how.
ever, has made wonderous changes in their minds
| say, therefore, i,l limine, that cannot consen
| to this dangerous policy of allowing others Il
make States extra constitutonally, and agains
precedents and in violation of the securities which
that instrument should afford to every part of tn
Union. will not say one part more than another
But, Mr.. President, it is said by some gentle
men that these measures ought to be received
with favor, because, in their peculiar operation
they restrain the extension of slavery and amelio
rate its horrors. believe that both of these pro
positions are erroneous; and, paradoXcal as j
may appear, believe that every foot Of territory
acquired by the South, that may be cultivated by
slave labor, is not only drawing the slave popula
ton from the old slave States, but so far as taking
it off from the old slave States, goes TO operate
upon public opinion, it has had the effect of en-
feebling public opinion on that subject. If
wished to aim blow at the political feature OF
slavery, 1t would be to encourage the emigration
Of the slave population from the old States to the
new. The very diffusion Of these persons is
rather improvement Of their condition; there
is no doubt of ii; and if such should be the pur.
pose Of gentlemen, (though know very well it is
not that those who slaves now should ulti
mately become free by voluntary manumission
that would be precisely, and above all others, the
mode in which | would indicate its accomplish
ment. Sir, if the owners Of slave property had
the facilities OF California and New Mexico, there
might be some temptation to master to give
them their freedom, because they could live in
these climates without the danger of their ulti
mate destruction. A. few out of every thousand
might be fit TO have the franchises and rights Of Q
freeman, and to such the climate and mixed pop
uation Of Mexico might afford place Of settle
ment. And as it regards the African race, about
which so much has been said, cannot believe
| that God has allowed the institution Of sla
very over portion of them to exist so long
without some especial purpose. There are mo-
| three n1onc of Africans aarfb nj =,