The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-28

present Territories, and indeed from all future |
ones, should more be acquired Now, Mr.. Chair |
man, 20 perfect the argument to which | am re- |
plying, two things neither admitted nor proved !
are obviously necessary. First, that must appear
which does not appear, viz that the trainers of
the Constitution contemplated the acquisition of
territory by the Government of this Union. Sec
ondly, that additionally to this it transpired in
the minds of the States ia ratifying the Consttu-
ton, that should territory be acquired an effort
would be male by the Congress In charge of il to
exclude slavery therefrom Yet, Mr.. Chairman,
it so happens that only few moments ago we
heard the opinion expressed by the honorable
member from Ohio, MIR. Root,l who is equally
struggling to maintain the untenable proposition
under notice, that the independent purpose of ac-
curing territory was never present in the minds
Of the trainers Of the Constitution; but that the
only right this Government has TO make such &C
QUESTIONS results to ii merely incidental to the
war-making power. Ihumbly submit Mr. Chair
man, that this is removing in the argument the
premises so far from the conclusion that all
confidence in the truth of the latter must be de-
stroyed. Need add, that similar belief to that
expressed by the honorable member from Ohio
has ever prevailed TO greater or less extent with
American statesman, aud that gentleman of nc
knowledged ability and deserved influence in this
Government go yet further, and maintain the
gronnd-that satisfactory authority exists for
the States ratifying the Constitution to cothe
this Government with the authority, through the
medium Of any or all of its powers, to extend in
any way whatsoever the territorial limits Of the
Confederacy formed by our Constitution-much
less can any human sagacty essay to fathom with
confidence the uHe1pressea mind of tse trainers
Of the Convention on the subject in hand, and
affirm that Il coOsredhs point IN controversy. Thus
we perceive the shadowy and unsatisfactory
ture of the grounds on which this most dispars-
ging proposition to the slave States IL attempted
to be upheld. But the proposition is not only
unsupported by sufficient PROFIT IS opposed 10
strong probabilities When, Mr.. Chairman, we
feet that the majority of the States who adopted
the Constitution were slayeholding-thatthep priv
ilege of importing slaves from foreign States for
period of twenty years was inserted as q term in
the compact of the UniOn-that the States entered
the Union equals, and sedulously guarded their
prospective c0equaity-tbat the restriction con-
tended for is at variance with fair analogies appl
cable TO their common territory and disparaging
reflection upon that portion of them against whom
IL operates-is it not highly improbable that any
such purpose as that contended for by the honor
able member from Indiana entered into the COM
pact Of the Constitution? The idea, | humbly
submit is little less than extravagant.
But Mr. Chairman, the honorable member from
Ohio argues that the power Of this Government
over the new Territories is an unl\@3fCh enc,
Re agN - s.SSSSSs5N51. the xSs.s g..tSe (
threatened restriction to which he ayows him
self unaltcrlbly devoted. Here, Mr.. Chairman,
opinions are as dscordant as on other PROPOSE
tions of the gentleman. Who has satisfactorily
shown that the jurisdic ion of Congress over the
new Territories is without limitation II has been
often Significantly inquired whether Congress may
20 the length Of establishing monarchy or a
national church in our new Territories The
prevailing inquiry, going on acknowledged limita-
tons would seem TO be after the exact boundary.
Certainly it cannot be maintained that either the
great body of American statesmen or people,
whether right or wrong in not doing So assent to
the proposition that Congress may do in the Ter
ritories what it is forbid universally, to do in
the Constitution. But were that conceded, which
is not proved. viz that il is impossible 10 find
technical Limitation to the power Of Congress
over the new Territories the question would still
come back upon US in each instance of the pro-
posed exercise Of it, whether an eye were being
had to the nature Of the title by which the power
is held, the appropriate objects of that power, and
the Just rights of all interested in it. From such
practical guides to the exercise of it are to be
found in these sources it were impossible to sep
arate the power without plain breach Of faith.
From this, take it, Mr.. Chairman, there can be
no csc ipe.
And now, MIR Chairman, having replied to
what | believe may be regarded as the strongest
allow me to ask the iudulgent attention Of the
committee TO two resolutions ! hold in hand.
II is not my intention, Mr. Chairman, TO press
these resolutions to an immediate vote. ] prefer
to hold them for the present, and ask action upon
them or not hereafter, as the interests Of public
affairs may seem to indicate:
l. ReS0lued That California be admitted into
the Union with her present Constitution, restrict
ing her southern boundary to the parallel of 800
30 north latitude
As a good deal Mr. Chairman, has been said
about the right Of selfgOvernment with a view to
press the claims of California on our unqualified
acceptance, beg to offer few remarks on the
application of that right proposed to be now made
The votes by which the Constitution Of Califor-
MIA was adopted, were cast in part by individuals
who, aliens to our laws, language, and religion,
were two years ago subdued by our arms, and by
integral members Of the people of these States.
The former, neither by the terms of the treaty
by which California was coded to us, by naturali-
cation laws, nor by any act of this Government
had been clothed with the elective franchise. The
latter were then and now bound by allegiance to
this Government. How, Mr.. Chairman, can either
of these classes of persons assert right, in the
political sense of that term, to set up Govern
ment outside, nay, paramount to, the Constitu-
ton and laws of this Union? But again: on
whose territory do they propose to exert this au
thority of self-government2 Can people"
cal sense of that term, exist without a country
Or, shall the citizens of California, in order to
reach the exercise of disputed right, be permit
ted to usurp territorial dominions confessedy not
their own2 VIII We accept them is obviously
the only true inquiry.
The Committee are aware that the territory Of
California, as defined in her Constitution, is vastly
dsproportionate to the average size of the States
Her shore line includes the whole length of the
Pacific coast from Oregon to New Mexico a dis
lance of nine hundred and seventy miles. Should
she be received as she now presents herself, she
will have mOnopolized all the commercial ports Of
entry we have in that most interesting section of
our possessions on the Pacific south of Oregon.
Her mineral wealth is believed to be unexampled.
These facts, MIR. Chairman would seem in them
selves to provoke well-founded objection on the
part Of all the States to her reception in her
present circumstances And as the connection
in which my resolutions place her acceptance sinks
the objection of the South to other particulars of
her application than that of her boundaries pass
from this topic without further comment, in order
that may have the more time to bestow on the
second resolution have to offer.
q Resolued, That the Committee on Territories
be instructed TO report TO the House bill to
ganize that part of the Territory of California
south of the parallel line of 300 30 north lat-
tude and the Territories of New Mexico and
Deseret, prohibiting the introduction of slavery
into any part of the said Territories north of the
parallel line of 800 30', and recognising it's adj
instability into al parts of said Territories south
Of said line of 800 80 until the adoption by the
people thereof of State Constitutions and their
admission into this Union.
assume Mr.. Chairman, that in the present
distracted condition of American interests opin-