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

y
saveholding States, that the principle of freedom
which prevails in the one class shall operate the
principle Of slavery which prevails in the other
class of States shall operate? Can you, amidst this
conflict Of interests, Of principles and Of legisa
tion, which prevails in the two parts OF the Union
can you come to any other conclusion than that
which understand to be the conclusion OF the pub
lie law Of the world Of reason, and OF justice, that
the status Of law az it existed at the moment of the
conquest or acquisition, remains unchanged until
il s altered by the sovereign authority OF the con-
quering acquiring power! That is great prin-
ciple, and you can scarcely turn over page OF the
public law where you will not find it recognised
The laws Of Mexico, as they existed at the moment
Of the cesson Of the ceded Territories to this coun
try remained their laws still, unless they were al
tered by that sovereign power which this peo-
pie and these Territories came under, in conse-
quence Of the treaty Of cesson to the United States
/ think, then, MIR. President-without trespassing
further, exhausting the little stock OF strength
which have, and for which shall find ample oc-
casion in the progress of the eargument--that may
leave that part Of the subject with two or three OBJ
servations only upon the general power which,
think, appertains to this Government upon the sub
ject of slavery within those Territories.
But, before approach that subject, allow me to
say that in my humble Judgment the institution of
slavery presents two questions totally distinct and
resting upon entirely different grounds; slavery
within the States and slavery without the States.
Congress, the General Government, has no power,
under the Constitution of the Bnited States, to
toush slavery within the States, except in the three
specified particulars in that instrument; to adjust
the subject of representation, to impose taxes ON
slaves when a system Of direct taxation Is made,
and to perform the duty of surrendering, or caus-
ing to be delivered up, fugitive slaves when they
escape from the service which they owe in the slave
States, and take refuge in the free States. And
am ready to say that, if Congress were to attack
within the States the institution of slavery, with
the purpose Of the overthrow the extinction of
slavery, then, Mr.. President, ''my voice would be
for war" Then would be made case which
would justify in the sight Of God, and in the pre-
sence of the natonsof the earth, resistance on the
part of the slave States to such unconstitutional
usurped attempt as would be made under the sup
position have stated. Then should be acting
in defence Of rights, of our domiciles, of our
property, Of our safety, of our lives Then think
would be furnished case in which the slave States
would be justified by all the considerations which
appcrtain to the happiness security of man, to
employ every instrument which God or nature has
placed in hands, to resist such an attempt upon
the part of this Government Then II, unfortun-
ately, civil war should break out, we should pre-
sent the nations of the earth the spectacle Of one
portion of this Union endeavoring to subvert an
Institution of another portion, in violation OF the
Constitution and the most sacred obligations. We
should present spectacle in which we should have
the sympathy and good wishes, and desire for our
success, of all men who love justice and truth.
Far different would, l fear, be case, if,
happily we should be led into war, into civil
if the two parts OF this country should be placed IN
a hostile position towards each other IN order to
carry slavery into new Territories acquired from
Mexico. Mr.. President, we have heard-all of us
have read-of the efforts of France to propagate
what on the continent of Europe !-not slavery,
sir. not slavery, but the rights of man; and we
know the fate Of her efforts OF propagandism of that
kind. But it, unhappily, we should be involved in
war, in civil war, between the two parts OF this
Confederacy in which the effort upon the one side
should be TO restrain the introduction of slavery
into the new Territories, and upon the other side
10 force its introduction there, what spectacle
should present TO the astonishment OF mankind,
"a rfrrltta
say it, though trust Il will be understood TO be
said with no design TO excite feeling-a to pro-
pagate wrongs in the Territories thus acquired
from Mexico. II would be a war in which We
should have no sympathies, no good wishes in
which all mankind would be against US in which
our own history itself would be against US for,
from the commencement of the revolution down to
the present time, we have constantly reproached
British ancestors for the introduction Of slavery
into this country. And allow me to say, that, in
my opinion, il is one of the best deences which
be made 10 preserve the institution Of slavery in
this country that II was forced upon us against the
wishes OF our ancestors-of our own American
Ional ancestors-and by the cupidty Of our British
commercial ancestors.
The power, then, Mr.. President, in my opinion
and extend il 20 the introduction well 10 the
prohibition Of slavery in the now Territores-does
exist in Congress; and think there is this import
ant distinction between slavery outside Of the States
and slavery inside of the States: that all outside Of
the States Is debatable, and all inside Of the States
attack the institution within the States but whether
she has, and 10 what extent she has has not the
right 20 attack slavery outside Of the States is
debatable queston--one upon which men may hon
orably and fairly differ; and, however IL may be
decided, furnishes, trust no Just occasion for
breaking up this glorious Union OF ours.
am not going 10 take up that part Of the subject
which relates 10 the power of Congress TO legsiate
Slavery shall have occasion 10 make some OBJ
servations upon that subject in the course Of my
reinarks-whether in this District of Columbia or
in the Territories; but must say in few words
that think there two sources OF power, either
Of which is sufficient, in my judgment, To author
ize the exercise Of the power either TO introduce
keep out slavery, outside Of the States and within
the Territories. Mr.. President, shall not take up
time, Of which 30 muchhss been consumed already,
to show that the clause which gives TO Congress the
power ~ make needful rules and regulations
respecting the territory and other property Of the
United States, conveys the power 10 legsate Tor the
Territories. | cannot concur with my worthy
fnend-and use the term in its best and most EN-
phatc senso-my friend from Michigan, Mr..
CAss, )-ior | believe we have known each other
longer than have known, and longer than he has
known, any other Senator in this hail. say cam
not concur with that honorable Senator, though
entertain the most profound respect for the opinion
which he has advanced adverse 10 my own; but
must say, that when point is settled by all the
elementary authorities, and by the uniform inter-
probation and action Of every department Of our
Government-legislative executive and judicial
and when that point has been settled during period
Of fifty years, and never was seriously disturbed
until recently, think that IL to regard any
thing as fixed and settled under the administration
Of this Constitution Of ours II is the question which
has been thus invariably and uniformly settled
Or, are 10 come TO the conclusion that nothing
nothing upon Garth is settled under this Constitu
tion, but the principle that every thing Is unscttledS
Mr.. President, we are TO recolect that IL is very
possible-that IL is, indeed, quito lkely-that when
that Constitution was formed, the application Of il
70 such territories as Louisiana, Florida, California
and New Mexico, was never within the contempla-
ton Of the trainers Of that instrument II will be
recollected that when that Constitution formed
the whole country northwest Of the Ohio was UNI
pcopled and II must be recollected, also, that INC
exercise Of the power 10 make governments for ter
rories in their infant state is in the nature Of the
power temporary, and such terminate
whenever they have acquired population compe-
tent 10 self government. Sixty thousand is the
number specified in the ordinance Of 1851. Now,
sir, rccolect that when this Constitution adopt
ed that territory was unpeopled and bow was il
possible that Congress, 10 whom 1t bad been ceded,
Tor the common benefit Of the ceding States and
the other States of the Union, had no power what
TO declare what description Of settlers should
occupy the public lands Suppose that Congress
had taken up the notion that slavery would enhance