New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-27

s,itutiop possesses the paramount authority strib
pt.d to it, the laws OF the free States oil the
Union would Yield 10 that paramount authority
m therefore it be true that according ~ the laws
row in free la California. New Mexico aud UsaS
slavery cannot be introduced-f such Is the lee
sJor,-the Constitution OF the United States 10 as
massive and ne ntrhl upon the subject asthe Const
tutjon or Government Of any country upon cath
Il protects wherever upon The high seas the slave
IA out oil the separate jurisdiction oil any state, for
een or domestic. /, affords no protection when i,
comes within the scope AID Jurisdiction Of laws
which forbid the exutence Of Slavery. ! do no.
mean to 20 into a long argument upon this SUB jsct
did intend At one time 70 take It up and discuss
il very faly. have thought IL best, however, un-
der al the circumstances Of the case, merely g.
express these brief opinions which entertain in
relation TO IL. Ia my opinion, therefore, toe slppo
sition Tia the Constitution Of the United Ststes
carries Slavery into California, supporting her not ~
be a State is an assumption totally unWarranted
BY The Consultation Why If the Constitution
gave the privilege, il would be incompetent ioT
California to adopt the provisions which she
has in her Constitution. The Consultation Of
the United States, being supreme no State
could pass an enactment in oontravention OF
the Constitution. Ny rlles Of Interpreting
the Constitution OF the United States arc
the good old rules of &c 90. have never IA my
life deviated from those rules and what are shey
The Constitution is an aggregate OF coded powers
delegated, or when It is necessary and proper TO
carry into effect dele gSted power and Al 10 any
instance the power 10 carry slaves into the Tern
tories is guaranteed to you ~ the Consttanon' or
Ia an incident necessary 70 the carrying ous OF any
other power that is delegated in the Consultation,
have been unable 70 perceive il amid all the viciS
situdes of public life, and amid all the changes ard
turns Of party. ] never in nay lie have devated
from these great fundamental and think lndlsplt
ably true prin,ples Of Interpreting the Constitution
Il 10 10 IN
tue and wnere is the power Can anybody point
II out to met What gives you right 10 carry
yOur slaves 10 California Where 10 the delegated
bower or the power to which 1t attaches as neces'
ssry implication II ia nowhere to be iound You
must resort 10 come such general principle as the
Federaists did in the early history Of this country,
when they contended for the doctrine OF general
welfare. But you cannot Pot your finger upon that
cart of the Constitution which conveys the right or
the power to carry slaves from one OF the States
Of the Union % any Territory OF the United StaIes
Mr. President, you will remark that am express.
ing an opinion upon the power, the consutusonai
right do not 90 into the question Oh no" Ine
powers OF Government are 70 be exercised or ap
piled in the course Of administration. Inht Is
distinct que sti0n. ] am arguing the question OF
Constitutional power. Nor sir can aunt ~,
sipgle moment that there is any separate or DIS
tipct right upon the part Of States or individual
members Of the Union, or any portion OF The peo'
plo of the United States, 10 carry slaves into the
Territories under the idea that those Territories
are held in common between the several States
Tits a Joint property, held by common trustee,
for the general good and TO be administered by the
general Government according to its deliberate
Judgment of what will best promote the common
happiness and prosperity and do Ja9tice 70 all H.
therefore rig ht In these opinions wnlch nave
expressed, to run line at 30, or 80 ~ through
California, without declaring what the effect Of
that line shall be either South or North OF IT, 1t
would, repeat, be running line in the sand-a
line without motive, without purpose, Witn01t &C
complishipg any end whatever. Therefore, must
say, that those Senators upon the other side, who
have contended for an exproSs recognition OF the
right 10 carry Slaves South Of that line, have con-
tended for something much more perfect and ell
cebt than to run a marked line without any such
declara alton. But there are two considerations
which oppose insuperabe objections to any such
recog milton or declaration to carry Slaves south OF
that line The first is that you cannot do 1t with
out an assumption of power upon the part Of Con
grefs to act upon the institution OF Slavery and II
they have the power in one way they have the
power to act upon it thu other way, ana the power
To act upon il either way is what you nave denied,
oppos ID and endeavored 70 prevent being accom'
plihed for the Last two or three years. 1t would
be an assumption, according to the Southern doc
frine. for Congress to exercise any power other
aide of given line The other objection 70 accom-
plshing the object is that it is imPrhctcaole and
unattainAble majority neither OF this body nor
of the House, not oneihird probably OF this BODY
and perhaps still smaller portion oil the other
House could be got 20 Affirm any right oil trans
porting slaves Of North 36' 30. 1t IL then
wrong in principle and impraoticable and mex
pedient ILL.,,
why. then, contend, let me ak, Tor 1 line which,
If .ttninable nc all, il Attainable without value,
without necessity without advantage 20 the South
or why attempt that which Is utterly uaattainAbe
"A line which shall secure an express provision
Tor the power or right on the part OF tbs slayeho'd
er TO carry his slaves South OF It
Having endeavored TO show that this measure
which we have under confederation IS better Tor
the South than the line Of 80 80 let me compare the
measure in 8 few brief words With the o.hsr one
which has been under consideration by US thereto
fore The other measure proposes to admit CAN
fornia forthwith, and New. Mexico as coon as sho
presents a Constitution, and Utah to follow on,
some time after New. Mexico il admitted, all 70 be
permitted ~ decide the question for themselves,
without any Intervention Of the power or authority
Of Congress.
know. for believe il has been already done b. the
Constitution Of New Moxiso as well as by Shat Of
California that Slavery will be prohibited. You
know that if New Mexico comes m she comes IN
like Cailornia, with an Introduction oil slavery
What do you get then whsE advantage % 1uo
SOUTH Sir, it is q one-sded measure-the mea.
sure which am considering. II 10 ail North, aud
looks not at all towards Southern interests Ii 10
liable TO the objection which have already stated
upon former occasion, and which It is MT neees
saIy that should repeat now. Bat If yoa admit
New.Mexico with the boundary between her aud
Texas unadiusted, what may the Consequence DC /!
You admit people aud Territory who II Texas
shall establish her claim TO the whole extent Of the
Eastern border Of the bio Grande, may 90 cai OIL
by the subsequent action Of Texas or Of the Su-
preme Court OF the United Ssstes. You admit the
State of New. Mexico, altefward 70 90 cut Ia '"o
n,d state left in tho Union without territory and
without people for will state what's well known
dare say, TO other Senators, that all the psople
who can constitute any ground or color OF claim Tor
the admission Of New. Mexico into .he Unioa as a
state. are upon the east side OF the Rio GrAnde,
and all the territory worth having is upon inc sA ne
side ofthat river Then happens, If ths plan pT5-
nented for the admission Of these States be adoPtsd