Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-03-07

of power equally conclusive as that which relates
especially TO the Territories. This is the treaty
making power-the acquiring power. Now, pus
IL 10 gentlemen. is there not at this moment pow
ef somewhere either to admit or exclude slavery
from the Territories? 1t is not annihilated pow
er. That is impossible. II is substantive, actu-
al, existing power. And where does il exist? 1t
exisied-no one, presume, denies-in Mexico,
prior TO the cesson Of those Territories. Mexico
could have abolished slavery have introduced
slavery either in California or New Mexico. Now,
that power must have been ceded. Who will deny
that9 Mexico has parted with the territory, and
with the sovereignty Of the territory; and to whom
did she transfer it2 She transferred the territory
and the sovereignty Of the territory 10 the govern
ment of the United States. The government OF the
United States then acquired all the territory and all
the sovereingty ierrtorywhichM Mexico held
in California and New Mexico prior to the cession
of these Territories. Sir, dispute that who can.
The power exists, or ii does not exist. No one, 1
think, can deny that Mexico alensed her soye-
regnty over the territory TO the government OF tho
United States. The government of the United
States, therefore, possess all the powers which
Mexico possessed over those Territories; and the
government of the United States can do with reier-
ence to them-within, admit, certain limits Of the
constitution-whatever Mexico could have done
There are prohibitions upon the power of Congress
within the constitution, which prohibitions, ad-
nit must apply to Congress whenever it legislates,
whether for the old States or the Territories;
but within the scope of those prohibitions, the
powers of Congress are cocxtensive and coequai
with the powers of Mexico prior to the cesslon.
Sir, with regard to this treaty making power, all
who have had any occasion to examine into its char
acter, and into the possible extent to which II may
be carried, know that 1t is Unlimited in its nature,
EXCEPT in so far any limitations may be found
within the constitution Of the United States but
upon this subject there is no Limitation which pre-
scrises the extent to which the power shall be ex-
ercised. -
know, sir, that it is argued that there is grant
power, in express TERMS in the constitution over
Dtrf q n
constitution, specifically, over vast variety OF
| subjects upon which the powers of Congress are
| unquestionable. The ma jor includes the minor
The general grant of power comprehends all the
particulars of which that power consists. The
power of acquisition by treaty draws with it the
power to govern all the territory acquired Uthere
| be power to acquire, there must be power 10
govern; and think therefore, sir, without At pres
ent dwelling further upon this part OF the subject,
that from the two sources OF authority in Congress
ITO which have referred may be traced the power
Of the government of the United States to act upon
the Tell tories in general. !,
And sir, come the question OF the extent OF
4fower. think it is power adequate either 70 INTRO
duce % to exclude slavery admit the argument IN both
IT'S foA6f application. admit that If the power exists
of fexcluding, the also exist of Introducing or
toerang slavery within the Territories. Bet sir, have
been drawn off far from the second resolution, wfich
have now under corsIeatiou tina, have almost lostit
out of view. In order therefore, that may come back
undertandngy to the subject. will again read it, =
Resolved, That as slavery does not exist by law and IL
not likely 10 be introduced into of the territory ac
oured by the United states from the republic OF Mexico
il is ineypecnt for Congress provide by law either Tor
its in,rodue tion into, exclusion from part OF tho
said terrioty; and that Appropriate territorial governments
ous 10 he established by Congress in all Of the said
rtory not assigned as the boundares proposed n,s
of California wihout the adoption OF any restriction or
condition on the subject Of slavery.
The other truth, respecfuly ard with great defer
ence submit, is ths propose to admit and announce
that slavery likely be introduced into ofthoss
Territories Well, sir is not that the aet9 Is there
member Of this body who doubts III What has occurred
within the last three monihsl In California more than in
any other portion of the ceded Territories, II most
probable, If slavery adapted to the industrial habits
the people, that slavery would be ntodueed yet with
the last three months, slavery has been excluded by the
vuiehe unanimous vote-ofthe convention against its
introduction-a vote, as observed on former OCCASION
confne from the non-slayehcld,ns States.
ba an
been responded BY the people Of California OF a class
and om all parts OF the United staiss and rom ior
eian count.ies Nelsi If down to those noun
famous ridges which abound Mexico, the nature OF us
soil its barrennes unprodretive character everything
thai we kuow everything that hear of it, must neees
.sry the conclusion, which have mentioned that
slavery is not likely to be introduced there.
ELL sir if it be true that by law slasery docs not now
exist the Teoriesft is not likely 10 be introduced
the Territories senators here, or majority OF
you. believe these truths, persuaded large ma
ority of you dowhee is the difficulty 10 your announe
ing the whole wodl Why hesitate or aler IN the
declaration Of these inspnsble ruths7 On the Other
hand with regard to the senators from the States all
low me make a reference to California in one or two
other observations. When this feeling within the lns
OF your Staes gotten up-when the Wimot prosiso
disseminated through them-dd you not fear, what.
may have been the the factsdd You not at
that time appehend the introduction OF slavery there -
You did not much in relation to the country or its
inhpbitants They we're fer distant from you and you
truly srpehensive that slavery might be introduced
there you felt that the Wilmot Prosiso was neccs
say Of prevention II was In this ststs OF want
of inform aton that the whole North bazed behafo
,ts Ni,mot Ptoy;so II was in the sa-
very be introduced there that you lett your coau
when came here; i3r the time you ie yonIn
spccc residences you did know the fact, which has
sched since he ofthe session ofCon.
s.ssyou did know the fact that constitution had
been nannous'y adopted by the people OF Caorna'sr-
clrdine slavery. -,
We now, let me suppose that two years ago ], had
been in the free States that such constitution
would be adopted let me suppose that had been hcliev
ed that in other Of the territory did slavery exist
BY law and that it could not be introduced except by
positive suppose that in relation to his whole
sntieche sofctude in relation to slavery-the people
ofthe North had supposed that there was no DANGER se
also suppose that they had foreseen the exctemen
tho danger the irritation. the resolutions which have besn
ado ted by the Southern Legislatures, and the manics,
tions Of the people of the slave lie all
this he'd been known the Moth the time the asita
iion being excited the subject Of this mot
Prsvi.o do yoa believe that 1t voud have reached
the height which has rsent do any OF you De-
sse it And it, FIio departure fro your repee
tive homes yon had had ae opportunity OF converting
with your constituents this great pleasing and i'm
fact of the adoption of constitution excluding sa.
in Cali ona, do not believe, senators aud rep
Ye.enatives coming from the free States, that II you had
had the aid OF this fact IN ea Serious hesde eonve
saon your constituents would not have told you 10 eoms
here and settle all these questions without danger 10 the
| Union7 What do you want7-what do you wans!--you
who reside in the free States Do ron want that there
shall be slavery introduced into the IeHofes acqu
! ed by the war with Mexico! Have not your desire
In California; And an human probability willhave
! II in New Mexico also. What more do you want! You
have got VII 10 worth than Fro
| visos You have your sde-fncts upon your
this truth staring in the face that there -
no slavery those Territories. yon are not mad, II you
can elevate yourselves from the les OF patty TO tho
height of patriots in sre, Whist vii yeu dol Look
at the fact exists. You will that this fact was
known the great majority OF the pso1lc you will see
that they acted OF facts. vi ls have
other OF facts before and will act as parnts-as
ell, and lovers Ct liberty. and lovers, ~
bove al, this Cntn. We will act this set OF facts
that unk conStuerts nd ap1ealo their
Justice and nifty to concur with us IN ths acon
Ter peace concord and harmony.
! think, entertaining these views, mat thefe Is
ncthng exravegant in the ole which INDUCED at
the time these resolutions were Iraposed-nothing
c.Frayagan in the hope that The ScIth might con-
tent itself even with striking on. these two decla-
ralions. They are unnecessary for any purpose
which TIE f ee states have in view. AT ell events,
ifthey should insist tupGn Congress expressing tho
opini Chs WHICH sre here asserted, they might even
limit their wishes to the simple assertion OF that,
withou. insisting their being incorporated In any
terri.rial governments which might be devised Tor
the Territories in question.
pass fTcm the second Tesclrann to the third
| and fourth, which relate to the Texas question:
But elbow me to say, Mr. Preside nj, that approach
the subject with a full knowledge es all its difficult
ties; and OF all the questions connected with or
growing out of this institution Of slavery, which
Congress is called upon to pass upon at this time
there are none difficult and Troublesome as this