The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-06

RIoHmosp. June 1. 1850.

your letter asking my opinion Of the scheme for the ad
lqstmen Of the slavery question, now pending in the
Senate oil the United States, and have to offer my
apology for the delay OF this acknowledgment state OF
constant occupation in aborous trial. which is sill in
You have done me most unmerited honor in thus ad-
dressing me for opinion OF mine, am sure exer
else any influence upon the question yet you ask IT,
consideration Of courtesy. to withhoidt
| Ii comprehend the scheme, II proposes
| The admission of California with her present bound.
2. The definition OF the boundary Of Texas. taking
from her large portion OF the territory within her
boundary and making her compensation in money for it,
g. The establishment of territorial governments for
Utah and New Mexico, without the Wilmot Proviso or
any other provision excluding slavery from those Terri
4 The passage Of proper bill for the recapture Of fu-
/ gtive slaves.
The abolition Of the slave trade is called IN the
longer market to which persons may for the pur-
pose OF buying and selling slaves.
The recognition OF the right to make four new slave
Thus understanding it. consider il very hard bargain
for the South Tor every concession in made by her.
promise, every compromise involves necessarily
concession each side, equivalent on one side for
concession on the other IL therefore, such bargain
were offered me by foreign nation, by any people
who do not stand to US in the relation OF brethren, to
great extenta disagreement with whom would break up
the peace and harmony Of the family destroy in great
measure its influence, and possibly bring il into ruin and
dsgracel should, without hesitation, reject it, let the
consequences be what they might But seeing thar this
is family quarrel, from which the consequences have
indicated may fowand, what is still more horrible that
brothers hand may be mbrued in brothers blood, If
be not adjusted am willing to accept III and 80, be-
leve, are nineteen twenteths OF the people Of Virginia.
provided just and necessary amendments be made to it.
To the admission Of California make no objection
South, in that respect is practi
cally, not seemingy-that Congress has more con.
stitutona authority to compel State or Territory to
admit slaves within its limits than it has to compel to
admit spinning jennes and planning machines, to
pei it to wooden numegs and, the other hand. if
the people Of the State choose have slaves along with
or without spinning ennies and planning machines and
prefer the wooden nutmegs 70 the genuine spice. Con-
gIess has no authority to forbid them.
There are, however strong objections to the admission
OF California, founded in the extent of territory which
she has assumed, and the manner in which, and the cir
cumstances under which, her constitution has been
formed-obections which will not only justify every
man in voting against her admission, but will make Il
the duty of every southern to do il the question
Of admission is presented singy But these are not con-
the republic in other respects requires the waver and
would waive them # her admission be made part Of
scheme which shall establish territorial governments
without the Wmot Provso, but with such enactments
as will protect slaves as property and punish Them as
well as protect them as persons 4 as TIE law now is
concession BY the South in her submission to be almost
wholly excluded from the Pacific coast and her surren
der Of the port Of San Francisco and the by
that submission that all the States hereafter to be formed
out OF that immense territory shall be free States
ming down, almost like the lower rib. into the very flank
In for this the South obtains no concession TO her
Whatever of concession is made OF advantage
to her but If concession all is concession peace and
the Union 1t is, in truth, nothing more than the per-
Torrance of clear duty by Congress, and abstinence
from act which would be clear violation OF duty
and Of the constitutional rights Of the Southto wit
Wilmot or similar Proviso The establishment Of ter
rtora governments is the solemn duty of Congress. both
from the obligation Of which il cannot discharge ITSELF
unless be by the authority OF that anscendenta code
OF tmoras, which teaches that there is higher obga
ton than that to tell the truth and observe oath vol
unfairly taken under the requistion OF the fundamental
law; that an attempt to overthrow the constitution by
one not sworn to maintain is treason. but similar at
tempt by one who 10 sworn TO maintain is not treason
Such code Congress has not yet acknowledged, and
until does, the sources Of its obligation will be found
tuition and the law of nations By the law OF nations
Vatte p o. l94,) when State nation becomes
incorporated with another, in order to form, with it, but
one and the same State, the rights OF all the citizens
equal and when weaker nation subjects itself TO a
stronger, the latter is bound to afford all proper pro-
iechon or il may set up for itself ubd s5. sec. 1861
gores, Congress bound to afford them the protection OF
laws and good government; and the constitution &C.
eordingy expressly clothes Congress with the power to
How can Congress refuse to exercise the power
What laws then may il enact for the government of the
Territory! They must be such are just and equal in
reference to the people OF the Territory and the other ci
zens page ia, section 24s. vatte declares that the
members OF a corporation tmeaning political Stae)
and "they uhe corporaion) have not right 10 exclude
any one OF the number, or to make distinction to his
vantage by assigning him less share than that OF
the others And again, at page 39 section 202, he de-
cares that country acquired by conquest belongs not
TO the government prince but to the nation who have
expended their money and shed their blood in the con-
test"
Congress- then, cannot divide the Territory unequay |
among the States people neither il exclude
portion OF the people from directly or by "a distinction
TO its disadvantage" II cannot bestow the Territories
upon the North the South the East or the West nor
can il effect this by ndrecton, through distinctions de-
signed calculated 10 effect the same result Ii cannot
declare that shall 60 into the Territories
less he slave declare that he shall not
go there If he does slave. Free Territories are
now incorporated with the United States; and the
rights and obligations OF all the citizens in the entire
State equal The constitution OF the United States
prevails over the whole and confers equal rights upon
all and abogaies the foreign law, which is in conflict
with IL and this is not affected by the fact that rights
vested under Mexican laws protected by those laws,
because the constitution OF the United States guarantees
all vested rights When Congress absains, therefore,
from passing the Wmot Provso, il makes conces-
son but only orbears pass unequal and unconsttu
tiona law, the passage OF which will assuredy, and
no dishononng inequality.
Then, to the fugitive-s slave bill To refuse TO pass
proper bill Is TO resort again 10 the ranscendental code,
and to deny TO the constitution OF the United States the
faith and duty which yielded TO treaty with for
OF this has recently occurred There is treaty with
Spain. and law OF Congress forbddag any one this
country TO make effort 10 overturn friendly govern
ment Ioppz m Snaniard aftornn,a IN