Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-11
THE SLAVERY QUESTION.
MR.. CLAWS MISE
IN SENATE, FEB'Y 5, 1850.

fifteen slave States by the operation of the constitution
OF the United STATES, carried into the coded territory
their institution OF slavery, any than it be
gued on the other side that by the operation of the
constitution the fifteen free States carried into the
coded territory the principle of freedom which they from
policy have chosen to adopt within their limits? Why
sir, let suppose case Let me imagine that Mexico
had never abolished slavery there at alet me suppose
that was existing in point OF fact and virtue OF law
from the shores of the Pacific to those of the Gulf Of
Mexico, at the moment OF the cession of these coun-
tries to us by the treaty in question. With what pa
tience would gentlemen coming from slavehoding
States listen to any argument which should be urged by
the free States, that, Notwithstanding the existence of
slavery within those territories, the constitution of the
United States abolished it the moment it operated upon
and took effect in the ceded territory! Well is there
not Just much ground to contend that where moie-
ty Of the States is free and the other moiety is slave
holding, the principle OF freedom which prevails in the
class shall operate as much the principle Of sa
very which prevails IN the other! Can you come, amidst
this conflict onteress principles, and legislation which
prevails in the two parts Of the Union any other con-
cluson than that which understand to be the conclu
sion of the public law Of the world, of reason, and JUS
ce; that the status OF law, as it existed at the moment
of the conquest the acquisition remains until ii is al
tered by the sovereign authority of the conquerng or
acquiring power? That is the great principle which
you can scarcely turn page of public law of the
world without finding recognised and every where es-
ablished. The laws OF Mexico as they existed at the
moment OF the cesson OF the coded territories to this
country, remained the laws until and unless they were
altered by that sovereign power which this people
and these terrt under in consequence of the
treaty of cession to the United States.
think then Mr. President, that, without trespassng
further exhaustng the little stock of strength which
have, and tor which shall have abundant use in the
progress OF the argument may leave that part of the
subject, with two three observations only upon the
general power which think appertans to this Govern
ment on the subject Of slavery
Sir, before approach that subject allow me to say
that, in my humble Judgment, the institution Of slavery
presents two questions totally distinct and resting on
slavery without the States (yOnorosc bo
Government, has no power, under the Constitution of
the United States, to touch slavery within the States
except in the three specified particulars that instru-
ment: to ADJUST the subject OF representation to impose
taxes when asystem OF direct taxation is made and
to perform the duty of surenderng, causing to be de-
Vered up fugitive slaves that may escape from service
which they owe in slave States and take refuge in free
States. And sir, am ready to say, that if Congress
were to attack within the States the institution of slave
ry Tor the purpose of the overthrow or extinction of
slavery that 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 presence of the nations Of
the earth resistance, the part OF the slave States to
such an unconstitutional and usurped attempt as would
be made on the suppositon which have stated Then
we should be acting defence of our rights our doroi
clls our property, our safety ves and then think
would be furnished case in which the slaveholdjne
States would be justified by all considerations which
pertain to the happiness and security of man. to employ
every instrument which God or nature had placed in
their hands to resist such attempt on the part of the
tree States And then, if unfortunately civil war should
earth the spectacle OF portion othis Union endeavor
ing to subvert institution in violation of the constu
ton and the most sacred obligations which can bind
men; should present the spectacle in which we sbond
have the ympahes the good wishes and the desire for
our success by all men who love justice and truth Far
different, fear, would be our case-if uuhapniv we
should be plunged into civil war-if the two parts Of
this country should be placed in position hostile to-
ward each other in order to carry slavery into the new
territories acquired from Mexico.
Mr. President we have heard all of us have heard of
he eIlorts OF france to propagatewha on the CONT
nent OF Europe Not slavery sir; not slavery but the
rights OF man; and know the fate of her efforts in
work OF that kind But if the two portions of This con-
federacy should unhapply be involved in civil war in
wc tile effort ON the one side would be to restrain the
introduction OF slavery into territories and on the
other SIDE to force its Introduction there what speca
cie should we present to the contemplation of asto-
but must say-though trust it will be understood to
be said with no desire to excite eeng-an effort to pro
pagate wrong IN the territories thus acquired from Mex
leo! 1t would be a war in which we should have mo
sympathy, no good wishes, and which all mankind
would be against us, and in which our own history IT,
sell would be against u.s. for, from the commencement
OF tne revolution down to the present time, we have
constantly reproached British ancestors for the in
PRODUCTION OF slavery into this country and allow me- to
say that, IN my opinion, it one OF the best defences
winch can be made to preserve the institution in this
country that it forced upon us against the wishes ~
our ancestors our own colonial ancestors and by the
cupdlty OF our British commercial ancestors
The power, then, Mr. President in my opinior-and
G&tcilu IL W introduction well the
bton oislavery in the new territoresI think the bow
er does exst IN Congress, and think there is that i'm
poranf dsuncon between slavery outside of the States
and slavery inside OF the States that all outside is debate
able, all inside OF the States Is undebateable The Co
yernmept has right to touch the institution within the
Sates but whether she has, and to what extent she has
the right OF not to touch outside of the States is
question which is debateabe and upon which men NAV
honestly and fairly differ but which, decided however i
may be decided; furnishes, in my judgment no lust oc
casion tor breaking this happy and glorious Union of
ou's
Now am not going to take up thatpart of the s,b-
ect which relates to the power OF Con gress to egslate
either thin this Distct-I shall have occasion IN
make some observations upon that when approach
the resolutions relating to the District-eher within
this District or the Territories. But must say in few
words, that think there are two sources of power
either OF which IS IN my Judgment, sufficient to war
the exercise OF the power it was deemed nroner
to exercise it, either to introduce keep out slavery
outside the States, within the Territories
Mr. President, shall not take up time of which area
cy so much has been consumed, to show that accor-
ding my of the constitution ofthe United States
or rather according to the in which the clause
has interpreted for the last fifty years the clause which
confers on Congress power to regulate the Terrific
RES and other property OF the United States conveys
the authority.
Mr.. President, with my worthy friend from Michi-
use the term in the best and most emphatic
sense, tor believe he and have known each other
longer than he or have known any other Senator in
this hall cannot concur, although | entertain the
most profound respect for the opinions he has ad-
vanced upon the subject adverse to my own but |
must say when APPOINT is settled by all the elementary
writers Of our country, by all the departments our
Government, legislative executive and judicia-when
it has been settled for period OF fifty years. and new
er serious disturbed till recently, that think,
we are to regard any fixed and settled under til
administration OF this constitution of ours, it ques-
ton which has thus been invanabe and uniformly set
tied in particular way. Or are we to come to this
conclusion, that nothing, nothing earth is settled
under this constitution but that every thing sunseted!
Mr. President, have recollec it very possible
Sir it quite likelytha when that constitution was
framed, the application of it to such Territories as
Louisiana, Florida, California and New Mexico was
never within the contemplation of its trainers. 1t will
be recoected that when that constitution was framed
the whole country northwest of the river Ohio I'M
peoped; and will be recolected also, that the exer
else and the assertion of the power to make govern
mens for Territories in their infant state are, the ma
ure of the power, temporary and to terminate when
ever they have acquired population competent for
self governments Sixty thousand is the number fixed
oy the ordinance of 1887. Now, sir, recolect that
when this constitution adopted, and that territory
9npeopled Ta 81 possible that Congress- whom
he cedng State and all other members of the IInon