The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-10

7 But my object is not to make an argument
against the admission of California, but to state
my objections to the plan of the Administration
for adjusting all these difficulties between the
North and the South. After admitting Califor-
mia, we then make halt, and wait for the music
Wait till New Mexico and Utah have formed
State governments, and apply for admission.
But this is pure nonsense. Utah, under the
name of Deseret, has already formed State
constitution, and she is now applying for adj
mission. The evidence before us induces me TO
believe Utah has as many permanent settlers as
California, though the latter has much the
largest number of visiters and sojourners Her
Constitution is rs republican as that Of Calfor-
mia, but it omits one important item, ard that is,
| it fails to incorporate the Wimot proyso in her
constitution, and to send here her senators and
representatives, elected before she was &C.
knosvl edeedta have asoyereign eSistence. Utah
fiEss no friend in this cabinet; she IS presump-
tuous in asking Abundance. Why this discrrn-
nation against her! Simply because she does
not come here to insult the South with her ex-
illusions Of her people from her unsettled terri
tory with their property. Fair deangis jew
ell. But the hero of Buena Vista surrenders
himself into the lead of his Wimot-proyiso
Cabinet to such an extent as to make many of
his true friends hang their heads in modification
and shame. Again, New Mexico is soon to be-
come n State, in the opinion of the President.
Her delegate, Mr., Smith, catching the spirit OF
the men on this floor, has found out how he can
make friends, and organize party in favor Of
her admission; and that is, by abusing the land
of his birth and the institutions of his fathers,
pandering to the predjudices of an ignorant pop
ulation at home, both against slavery and against
their lawful sovereign, Texas and by inducing
her to come up to this Capitol with free-soil
constitution When she comes Congress will
give her one-fourth of Texas, and tell that State
her remedy is in the courts. In order to deter
mine the claims Of Texas, Congress will be called
upon to decide against her.
The South are united to man against the
Wimot Proviso. 1t is only necessary to lay the
facts before that same people, when their indgna-
ton will be still more intense against this unjust,
unprecedented, cowardly policy. The President
may truly say, one mlghtier than us all, come
not to send peace on earth but q sword.
There is not feature in all this plan which
meets with any appropriations; yet have been
and am now for the doctrine Of non-intervention
with the territories. That doctrine presupposes
the formation of territorial governments, and
their continuance such till they obtain fixed
and permanent population. 1t extends the Cons
tuition and laws of the United States over the
country, and necessarily protects every lawful
right of person and property of her citizens. 1t
makes no discrimination between rich and poor,
between the property Of the people of any descrip.
ton, but gives like protection to all. 1t aboI-
ishes, it a6ridges no ri hts of any, but it main
tains, it guards, it defends, it conserves every
right OF every citizen. 1t enforces contracts, it
protects reputation, it shields the life and liberty Of
all How does bear upon the right to carry slaves
| to the terrtories4 This is best answered by Mr..
Webster while Secretary of State, in his able and
unanswerable argument to Lord Ashburton in he
half of indemnifcation for the loss of the slaves
by the brig Creole. He says:
"ln the Southern States of this Union, slavery
| exists by the laws Of the States, and under the
| guarantee Of the Constitution of the United
States and it has existed in them from period
long antecedent to the time when they ceased to
be British colonies.
GA vessel Oh the high seas, beyond marine
league from the shore, is regarded as part Of the
territory of the nation to which she belongs, and
subjected exclusively to the jurisdiction of that
nation"
Again after speaking of husband and wife, he
continues:
"It NAV be said, that in such instances per-
sona relations are founded in contract, and there
fore to be respected but that the relation of master
and slave is not founded in contract and therefore
is to be respected only by the law of the place
which recognizes it. Whoever so reasons, en-
counters the authority of the whole body of pub
| lie law, from Grotius down; because there are
numerous instances in which the law itself pre-
sumes or implies contracts and, prominent among
| these instances, is the very relation which
now considering, and which relation is holden by
law to draw after it mutually Of obligation"
The doctrine here set forth, has been the uni
form principle on which this Government has
been conducted, up to the era of the Wilmot
Proviso. If ship at sea is regarded as the terri
tory Of the United States, where the masters
rights will be shielded by the flag of the Union,
much more will 1t be so in the actual territory,
which is the common property Of all the States.
This doctrine of Neutrality-suspicious. just, 90 fair,
so equal in itself--is totally perverted from its
legitimate use by the Administration. 1t not
| only pervers that principle, so complimentary
and congenial to freemen, but it abuses plain
power OF the Constitution--the power TO admit
new States. But it is palpable that the direc-
ton is here taken from the principle of holding
to place, rather than serving the country protect
| ing the weak against the strong, and of endea-
vorng to make the blessings Of government, like
the dews of heaven, fall alike upon all, that it
needs only to be seen to be despised.
If by the action Of the people Of California she
is to be considered now sovereign State, then it
must follow, as certainly night the day, that the
title to every Of land within her large boun-
daries has been Invested from the United States
| and is invested in that State; and the President
| has advised these people to commit wholesale
| robbery; and he has voluntarily surrendered this
large amount of public property into the hands Of
individuals who went and remained upon 1t by
the mere sufferance of Congress If this propo-
sition be true, the President has been guilty OF a
most fragrant and fearful usurpatlon Of power
and l ask you, Democrats, if you are willing, In
order to surmount one difficulty, of excluding
Southern men from that country by your own
act, to sanction u usurpation so monstrous IN It's
nature, and so dangerous precedent, that, in
case of a closely contested state of parties, the
Executive would have the power to create at
will, peers Of the realm, to sustain his illgoten
power? ...:.
If this proposition be not true that California is
yet u sovereign State, then it follows, we are
called upon to exert the power Of creating SOW
eignty--a prerogatiye which would have alarmed
the plain republicans Of former days. But you
not only call upon us to create q State, but you
also require us to breathe vitality into dead
carcass, in order TO work out our own eXclu-
sion from the territory How Southern men
opposed to the 'Wilmot Proviso can reconcile
themselves to such measure, is perfectly mex
plicable to me.
The evidence before us must convince every
| ,1,,, tl,at Now Maxico 10 npnOsed state 10