The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23

and will il be conended, if they so thought, that
they would have no right TO make such rule |
Why, sir, remember how those settlements were
made. They began with very few persons. Ma |
rietta was, think, the first place settled IN the
Northwest Territory. My friend now before me
(Mr. CoRwIS) will correct me II am wrong. IL
was a small settlement, made by some two or three
hundred persons from New England. Cincinnati
the next, and was settled by handful OF per-
sons from New Jersey, perhaps, or some other of
the States. Had those few settlers the right. from
the moment they arrived there-a mere handful of
men, who may have planted themselves at Marietta
Cincinnati-to govern and dispose of the terrific
rles, or 10 govern themselves as sovereign COM
munity was il not, in the mean time, right and
proper, and within the contemplation of the Consti-
tuition, that Congress, who owned the soil, acting
under the authority therein contained, should regu-
late the settlement of the soil, and govern the set
tiers In those infant colonies until they should reach
a sufficient degree of consideration, in respect of
numbers and capacity for self government, to be
constituted into more regular municipal organiza-
tons and be allowed TO govern themselves?
will not further dwell upon this part of the sub
Ject. But have said there is another source OF
power equally satisfactory in my mind-equally
conclusive as that which relates specifically to the
territories. This is the treaty making power-the
acquiring power Now, put il to gentlemen, Is
there not at this moment power somewhere ex
listing either 10 admit exclude slavery from the
territories acquired from Mexicos II is not an an
initiated power That is impossible. II is sub
stantive, actual. existing power. And where does
II exist! II exsted--no one, presume, denies
Mexico, prior TO the cesson oil those terrltoTles
Mexico could have abolished slavery have intro
duced slavery either in California or New Mexico
Now, that power must have been coded. who
will deny that? Mexico has parted with the terri
tory, and with il the sovereignty over the terrory
and to whom did she transfer il? She transferred
the territory and the sovereignty over the territory
to the Government of the United States The Gov
ernmeRt of the United States then acquired all the
territory and all the sovereignty that territory
which Mexico held in California and New Mexico
prior TO the cesson of these territories Sir dispute
that who can The power exists, or It docs not
exist. No will contend for its annihilation. II
existed in Mexico. No one, think, can deny that
Mexico alienates her sovereignty the territory
To the Government of the United States. The Gov
eminent Of the United States therefore, possess all
the powers which Mexico possessed over those ter
ritories; and the Government Of the United States
can do with reference to them-within, admit,
certain limits Of the whatever Mexico
could have done There prohibitions upon the
power Of Congress within the Constitution which
prohibitions, admit, must apply to Congress
whenever il egslates, whether for the old States or
the Territories; but within the scope of those
prohibtons-and none Of them restrain the exer-
else of the power of Congress upon the subject OF
slavery-the powers of Congress co-extensive
and coequal with the powers of Mexico prior to the
cession.
Sir, with regard to this treaty making power, all
who have had any occasion TO examine into its
character, and into the possible extent TO which 1t
may be carried know that it is unlimited in its ma
ture, except in 50 far any limitations may be
found within the Constitution OF the United States
but upon this subject there is no limitation which
prescribes the extent to which the power shall be
exercised.
know that it is argued that there is NO grant OF
power, IN express terms in the Constitution over
the subject of slavery But there is no grant in the
Constitution, specifically, vast variety OF
subjects upon which the powers Of Congress are
unquestionable. The major 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 10 govern all the territory acquired. IL there
be power to acquire, there must be power to
govern; and think, therefore, without at present
dwelling further upon this part OF the subject that
from the two sources of authority in Congress to
which have referred may be traced the power Of
the Government Of the United States TO act upon
the territories in general.
] come To the question Of the extent OF the
power. ] think il is power adequate either to in
troduce or To exclude slavery. admit the argu-
ment in both its forms of application. admit that
If the power exists of excluding, the power must
also exist of introducing toerating slavery within
the Territories. But have been drawn off 30 far
from the second resolution, which have now under
consideration, that have almost lost il out OF view
In order therefore, that We may come back under
standngly TO the subject, will again read it
ResolDed, That as slavery does not exist by law,
and is not likely to be introduced into any OF the
territory acquired by the United States from the
republic of Mexico, il is inexpedient for Congress
provide by law either for its introduction into, or
exclusion FROM any part Of the said territory; and
that appropriate territorial governments ought to
be established by Congress in all Of the said terri
tory not assigned as the boundaries of the proposed
State of California, without the adoption Of any re-
striction condition on the subject of slavery.
The other TRUTH as | respectfully and with great
Difference submit, is this ! propose TO admit and
announce that slavery is not likely to be introduced
into any of those Territories Well is not that the
fact j. there member of this body who doubts il
What has occurred within the last three months?
In California, than in any other portion Of the
coded Territories, it most probable, If slavery
adapted TO the industrial habits Of the people,
h.. he
last three months slavery has been excluded by the
vote-the unanimous vote-of the convention,
against Its introduction-a vote, as observed on a
former occasion, not confined TO men from the non
slavehoding States. There were men from the
slaveholdinR States well, who concurrcd IN that
declaration and that declaration has been respond
ed to by the people Of California of all closes and
from an parts of the United States, and from foreign
countries Well, if we come down TO those noun
famous ridges which abound in New Mexico, the
nature Of its SOIL its barrenness, its unproductvc
character, every thing that we know, every thing
that we hear Of it, must necessarily lead to tho
conclusion which have mentioned, that slavery il
not likely 10 be introduced thcre.
II IL be true, then that by law slavery does moi
now exist in the Territores-f il is not likely e
be introduced into the Territories-if you Senators
here, majority Of you, believe these truths, AZ
am persuaded a large majority Of you do-wher'
IL the difficulty in your announcing il 10 the Who'll,
world? Why hesitate or fater in the declaration o
these indsputable truths2 On the other hand, with
regard 10 the Senators from the free States, allow
me TO make a reference to California in one or two
other observations. When this feeling within tho
limits Of your States was gotten up-when tn,
Wilmot proviso disseminated through them
did you not fear, whatever may have been the STATE
Of the facts-did you not at that time apprehenc
the introduction Of slavery there? You did no
know much in relation 20 the country or its in
habitants. They were far distant from you
and you were truly apprehensive that slavery
might be introduced there, and you felt that the
Wimot proyiso was a necessary measure Of pre-
vention. IL in this state Of want Of informa
ton that the whole North blazed up in behalf o
this Wimot proyiso. IL was in the apprehension
that slavery might be introduced there that yoJ
left your constituents when you came here; for a
the time you left your respective residences, yoI
did not know the fact, which has reached US since
the commencement Of the session 81 Congress--yo,
did not know the fact that constitution had beer
unanimously adopted by the people Of California
excluding slavery.
Well. now, let me suppose that two years ago !
had been known in the free States that such con