The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14

1
Why, Mexico upon this subject showed to the
last moment her anxiety, in the documents which
were laid before the country upon the subject of
the negotiation of this treaty by MIR Trist.
Amongst them you viii find this passage in one Of
his dispatches
Among the points which came under discus
sion was the exclusion of slavery from all territory
which should pass from Mexico. Ia the course Of
their remarks on the subject, was told that if it
were proposed to the people of the United States
to part with portion of their territory, in order
that the ngvisaion should he therein established.
the proposal could not excite stronger feelings of
adherence than those awakened in Mexico by
the prospect of the introduction Of slavery in an
territory parted with by her. Our conversation
on this topic was perfectly frank, and no less
friendly and the more effective upon their minds,
inasmuch as | was enabled 10 say, with perfect
security, that although their impressions respect
ing the practical fact fslavery il existed in the
United States were, had no doubt, entirely erro-
neous, yet there was probably no digsgasce- be-
tween my individual views and sentiments on
slavery, considered in itself and those which they
entertained | concluded by assuring them that
the bare mention of the subject in any treaty to
which the United States were party, was an
absolute impossibily; that no President of the
United States would dare 10 present any such
treaty to the Senate and that if it were in their
power to offer me the whole territory described in
our project increased ten-fold in value. and in
addition TO that, covered foot thick all over
with pure gold upon the single condition that sla-
very should be excluded therefrom could net
entertain the offer for moment nor think even
of communicating it to Washington. The matter
ended in their being fully satisfied that this topic
was one not to be touched, and il was dropped
with good feeling on both sides
Tins md eir that IN tho in tha
very negotiation by which the treaty was conclu-
ded, ceding to US the countries in question, the
diplomatic representatives of the Mexican repub-
lie urged the abhorrence with which Mexico
would view the introduction of slavery into any
pS7s..sbss mr. ysryi:3yy (which she sas aoous 60,
cede to the United States The clause of prohibi-
ton was not inserted in consequence Of the firm
ground taken by Mr., Tris' and his declaration
that it was an utter impossibility to mention the
subject.
take it, then, strand availing myself of the
benefit of the discussions which took place on
former occasion on this question: and which
think have left the whole country under the i'm
preston of the non-existence Of slavery within
the whole of the territory in the ceded Terrific
ries-I take it for granted that what have said,
aided by the reflection of gentlemen, will satisfy
them of that first truth that slavery does not exist
there by law, unless slavery carried there the
moment the treaty was ratified by the two parties
and under the operation of the Constitution of the
United States. Now, really, | must say that
upon the idea that 60 Instant upon the consumma-
ton of the treaty the Constitution of the United
States spread itself over the acquired territory,
and carried along with it the institution of slavery
the proposition is so irreconcileabe with any COM
prehension or reason that possess, that | hardly
know how to meet It.
Why, these United States consist of thirty
States In fifteen of them there was slavery, in
fifteen Of them slavery did not exist. We'll, how
can it be argued that the fifteen slave States, by
the operation of the Constitution Of the United
States carried into the ceded Territory their in-
stitution of slavery, any more than it can be ar
gued on the other side that. by the operation of
the same Constitution the fifteen free States car
ried into the ceded Territory the principle Of
freedom which they from policy have chosen to
adopt within their limits7 Why, sir, let me sup
pose a case. Let me imagine that Mexico had
never abolished slavery there at sll--let me sup.
pose that it was existing In point Of fact and in
virtue of law, from the shores OF the Pacific to
those Of the Gulf Of Mexico, at the moment of
the cession of these countries to by the treaty
in question. With what patience would gentle
men coming from slavehoding States listen to any
argument which should be urged by the free
States that, Notwithstanding the existence of sla-
very within those territories, the Constitution of
the United States abolished it the moment it ope-
rated upon and took effect in the ceded Territory
Well, is there not just as much ground to contend
that where moiety of the States is free and the
other moiety is savehoding the principle of free
dom which prevails in the one class shall operate
rs much as the principle Of slavery which prevails
in the otherl Can you come, amidst this conflict
of interests, principles and legislation, which pre-.
walls in the two parts Of the Union, to any other
conclusion than that which understand to be the
conclusion of the public law Of the world of
reason, and Justice that the status of law, as it
existed at the moment of the conquest or the acqui-
sition, remains until it is altered by the sove
reign authority of The conquering or acquiring
power That is the great principle which you
can scarcely turn over page Of public law Of the
world without finding recognised and everywhere
established The laws of Mexico, as they exist
ed at the moment Of the cession Of the ceded
Territories TO this country, remained the laws un-
til, and unless, they were altered by that new
sovereign power which this people and these Terri
tories come under in consequence Of the treaty Of
cession to the United States
think then, Mr. President, that, without tres
passing further, or exhausting the little stock Of
strength which have, and for which shall have
abundant use in the progress of the argument,
may leave that part of the subject with two or
three observations only upon the general power
which think appertans to this Government on
the subject of slavery.
Sir, before approach that subject, allow me to
say that, In my humble Judgment, the institution
Of slavery presents two questions totally distinct
and resting on entirely different grounds-slavery
within the States, and slavery without the States
Congress, the General Government has no pow
err under the Constitution Of the United States
to touch slavery within the States, except in the
three specified particulars in that instrument: to
adjust the subject Of representation TO impose
taxes when system of direct taxation is made
and to perform the duty Of surrendering, or caus-
ing TO be delivered up, fugitive slaves that may
escape from service which they owe in slave States
and take refuge in free States. And, sir, am
ready to say, that If Congress were to attack,
within the States the institution of slavery, for
the purpose Of the overthrow or extinction Of
slavery, that then, Mr.. President, my voice would
be for war then would he made a case which
would Justify in the sight Of God and in the pres
ence OF the nations Of the earth, resistance, on
the part OF the slave States TO such an unconsti'u
tional and usurped attempt ms would be made on
the supposition which have stated. Then we
should be acting in defence of our rights, our
domicils, our property, our safety, our lives and
then, think, would he furnished case In which
the slaveholdng States would be justified, by all
considerations which pertain to the happiness and
security Of man, TO employ every instrument
which God or nature had placed in their hands to
resist such an attempt on the part of the free
States And then, IL unfortunately civil war
should break out, and we should present to the
nations Of the earth the spectacle Of one portion
Of this Union endcavoring to subvert an ins'itu
ton in violation Of the Constitution and the most
sacred obligations which can bind men, we should
present the spectacle In which we should have the
sympathies, the good wishes and the desire for
our success by all men who love Justice and truth
Far different, fear, would be our case--if I'M
happily we should be plunged into civil war--if
the two parts Of this country should be placed In
a postion hostile towards each other In order 20 |