Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1850-04-16
Speech Of Hon. James M, Mason,

a Select Committee Of thirteen; delivered in the Sc
nate, Friday, April s, 1850.
Mr. PRESIDENT: | do not mean now to go al
large into consideration of the questions that
are pending before this Senate aud before the
country. am restrained, sir, because feel that
Goth the Stale and the section OF tue country
" hich | represent are standing in decided and
ascertained minority. ] have been made TO feel
that what is or what is not to be done in refer
ence to this question has not yet been disclosed
by the majority. do not know what their pur-
pose is, but feel that might do a wrong TO
those whom | represent, and possibly TO the
southern States, were l at present TO take any
position that might interfere with the future set
Element of these questions. Sir, the point OF di'
vision between the States where slavery exists
and the States where slavery does not exist, is
this We claim under the constitution a right,
in law, for all any of our citizens to go into
any Territory belonging TO the United States,
with all or any of their property, and to reside
there, and to- enjoy il as their properly without
molestaton or hindcrance, under the protection
| OF the constitution, so long as it remains Ter
rory. We hold that a l errtory is, in the ter ms
of the constitution, "the property of all the q.
| States;'' and SO long as the southern States,
where slavery exists, are constituents of these
United States, they have the right to go into that
| Territory, to reside there with lIIeir property,
and to enjoy it under the protection of the const-
u n. That's t rig ght clearly, aud hope dis
tncly, defined upon the part OF the South. SO far
side 1t is said that the majority OF those who
represent the people Of the United States in Con-
gress have right by law to prohibit the people
of the southern States from taking ono species
of property into their territory and that there is
nothing in the constitution TO prevent it. What
| is the position on the other side Now, sir, not
withslanding what we have heard Just now from
the Senator over the way, Mr.. Shields, as to the
consequence Of the assertion of this right on the
part Of the southern Ststes-notwthstandin
I. =. r IT. r
maintaining such right on their part, they are
prepared to assert it, and to make it good, cost
what it may. Sir, the State of Virginia has as
serted it; Mississippi has asserted it; Carolina
has asserted it; Georgia has asserted it; Alaba
ma has asserted it; andwhat they shall do in
such events is no longer matter to be contro-
lvetted. Their position is taken.
! Now, sir, have said, and repeat it, that do
not mean now TO go into the discussion OF the
questions involved in this sectional division.
must wait until they are presented in more
practical point of view. | have arisen principally
10 present. not SO much to this Senate as to those
represent at a distance, what is the present
posture Of these questions. II is the motion OF
the honorable senator from Mississippi, Mr.
Foote. to refer all these controverted questions
10 select committee, in the hope and the belief,
expressed by that senator, that it will be in the
power of committee SO raised to adjust them
| What are the questions? The organization of
governments for the Terrtories-the expediency
of creating one or more new States in Texas
the proposition for the purchase of her public
lands-a proposition to define her boundaries,
| and proposition to admit the Territory OF Cali
fornia under the State government which she
has recently assumed. These are the ques-
tions. We aresmet at the threshold by motion,
coming from the State of Connsc.icut, by the
honorable senator over the way, Mr.. Baldwin,
modified and adopted, L believe, by a senator from
Missouri, MIR. Benton,] TO except from that re-
ference the question of the admission Of Califor-
/ MIA and the reason avowed is, that the admis.
sion Of California, as she is nowLpresented under
the constitution which the Inhabitants of Califor
mia. have adopted, and with the boundaries which
4 that constitution has prescribed, must be taken
| up and entertained in this Senate as a separate
question, to be decided upon its own merits, sep
| arate from and unconnected with what we con.
! slider as kindred questions, and necessarily to be
consideted and adjusted at the same time.
Now, sir, we were told yesterday by the Sena-
this committee, that, in his Judgment the act ad.
lmittinp California into this Union, before the
other questions were settled, would be taken by
the Southern States as offensiye-as Indicating
the purpose of the majority in Ccngresstoe exclude
their people from alffthe Territories and fur
ther, as he believed, the admission of California
as a separate and independent question would i'm.
voIye a dissolution ofthe Union. Sir upon this
floor. under the grave and heavy responsibilities
belonging to all OF ne, we are bound to form. the
hest judgment of which we are capable, II, the
difficulties that surround us, and to- express it,
Sir. the consequences may be of the admis-s
sion of california as she stands now as by sepa-
rale and independent voie, am not prepared to-
saw. It rests withiothers, not with me. But I
am urepafed 10 say this that fit be done as the
act of-a majority, and against The united dissent.
;ng yote Of an the slayehoang States twill re-
arire no 10 foretel what the consequences
vii he UPON the minds of the Southern people
Sir am not one of those, If there be any, who
areopnosed:to the admission Of California. Far
from Il. There isino man who yulpathizes more
deeply than do with the people now in that Ter
r;tory There Is no man who would 90 further.
consistently with safety TO others 70 provide 4