The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-02-05

traffic II we are justified in endeavor-
ing to close the market in other coun-
tries, how can we be justified in opening
these immense territories, that have been
conquered by our vuor, as new mnrke,
for the introduction of this species Of
property!
Mr.. President, the second resolution
has, if possible, been more misconceived
than The first. 1t has been asserted here,
aud it has been asserted elsewhere, that
the second resolution claims right in
Congress 10 Interfere with the institu-
tlons of the various States. Sir, the res
olnion claims no such right. 1t will
bear no such construction. 1t is but a
substitution of one expression for anoth-
er, by which such a construction can be
fixed upon it, What is the language Of
the resolution
That the so-called compromises of the
Constitution restrained the Federal Govern
,nent from Interference with slavery only in
The States in which it then existed, and from
interference with the slave trade OnlY for linn
lied time, which has long since expired "
Now, il is 10 be remarked that the
word restrained is used in the past
tense : il is used in reference TO the effect
aud operation of the Constitution at the
time it was adopted. Well, sir, is not
the assertion truel If the compromises
of the Constitution, which restricted
Congress in relation To this subject, res
strcted them in relation To other territo-
res than the States where it then exists
ed, ! desire TO be Informed where that
territory Isl for at this time we had but
one territory, that Of the Northwest.
The question was settled by the old Con-
gress, existing under the Confederate !.
by compact which has been regarded
from that day to the present as binding
upon all. We had no other territory
Where, then, could this restriction take
effect, unless it were in the States where
1he institution existed 7
1t has been said that this resolution
asserts the power in Congress to interfere
with slavery in the new Stales-in the
States that have been adopted since the
adoption of the Constitution. Sir, re-
peat, il asserts no such power. What
are those States First, Kentucky and
Tennessee. Sir, we all know tina, those
States were a portion, one Of Virginia
aud the other Of North Carolina. 1.-THE
restriction operated in Virginia as she
stood at the adoption Of the Constitu-
ton, and upon North Carolina, it cover
ed those Territories. So far, then, as
new States have been formed out of the
limits of the old States, the restriction
which applied to the old States will ap>
ply to the new, thus formed out Of the
limits of the old.
But there is another aspect in which
,his matter is Ia be viewed. Those who
draughted the resolution knew well that 9,
although the proposition in its terms is
unquestionably true. that the Cons,lu,
ton only restricted Congress as respects
those States where the institution exit.
ed. yet the subject was open TO be acted
upon by Congress in relation to the Ter
riiories. Our first Territory was Louis.
lana; our second Florida. Now | main.
tain that, while these Territories remain
ed Territories, it was competent for Con
gress TO regulate the subject of slavery
within them. However that may be
when those Territories became States
the power ofregulaiing the subject pass
ed from Congress. They had no Longer
any control over it, And thus the new
States introduced since the adoption o
the Constitution have been placed, b,
virtue ofihelr sovereignty as States, anC
their exclusive control over the subject
without the pale of our legislation.
Further: the resolutions proceed II
state.
" That the powers conferred upon Congress
hr the Institution 10 suppress the slave trade
II regulate commerce between the States, l.
govern the Territories, and to admit ntN
Staics-powerS conferred with an express in
irnIion 10 form a more perfect union, esiabli>
Justice, ensure domestic tranquility, pruvid
iuI the common defence, promote the genera
welfare, and secure the BILE; sings Of Liberty I
ourselves and our posleliy'-may all righ
fully be used so as 10 prevent the extension q
slavery into territory now free, and 10 abolis
slavery and the slave trade wherever either I,
lists under the jurisdiction of Congress"
Now, sir, Is not this plain Can any
thing be more plain! 1t asserts tn
power only in Territories subject TO (, h
jurisdiction of Congress. Iregret, sill
that there has been this mistake, re
gret that this error has gone abroad
have seen some notices IF this resolr
tlon in the newspapers in which the sam
mistake occurs. The honorable Sen;
tor from Arkansas has been represenle
as SAYING that the resolution contain
this position that Congress is reStrictc
ORIV.
Now, sir, by submitting the presen
tense fer the past, the resolutions ar
made to receive construction whic
those who drew them up and those VIII
adopted them never imagined would Il
applied to them. Upon this error, NJ
President, upon this apprehension, has
been hung speeches filed with oppr'
brious epithets in this hall, and varo,
comments elsewhere, which can on
characterize as the result ON the part
those who uttered them. of their ow
hasty misapprehension If genileme
had ascertained with more accuracy II
purpori of the resolutions, they migf
and think probably would. have spare
us the comments in which they have j
dulged. The honorable Senator fro
Arkansas has been exhibiting to us Il
resolution rs containing the assertion
power which the resolution does II
claim; and, contrasting it with the pr
LESSONS of gentlemen Of the North,
e.claimed, Commend me TO such co