The New York herald., 1850-01-28

election, Is this: That the govern
ment OF the United States must do nothing 10 sane
uon slavery; that II must, therefore, exclude II from
the territories; that II must abolish il IN the District
of Columbia, forts and arsenals, and wherever II
has jurisdiction. Some, too, carrying the pnnci-
pie 10 its exte nt, insist that the coastag slave trade
and that between the States, should also be abo-
sht d. and that slave labor should not be tolerated
in public Office of the United States such as Gus
tom houses, post Offices and the like. As these
things all obviously rest on the same general dog
ma, II is clear That the yielding OF one or more
points would not check, but would merely accele-
rate the general movement TO the end of the series.
Before this end was reached, they would probably
append, as corolary, the principle that the Presi-
dent should not appoint stakeholder 10 office IL
s, sir, my deliberate judgment that, in the present
temper OF the public mind al the North, If the terri
torlal question remains open I'LL the next elecuon,
few II any gentlemen will get here from the tree
States that not pledged TO the full extent OF the
abolition platform. IL is, therefore, obviously the
interest OF all of TO settle this question at the pre-
sent session.
That the general principle above stated is at war
with The whole spint OF the constitution OF the
United States, which sanctions slavery IN several
OF It's provisions, need not argue here. Taking,
however, practical view OF the matter In contro-
ve,sy, look for moment at the territorial question,
the great issue IN the struggle. | will do Northern
gentlemen On this floor the Justice to admit that
they have argued themselves into the chef that
they are right in claiming the whole OF the terrl-
tory tor free soil. Let me state, for moment, the
pose II were to be claimed that no one should be
allowed 10 go into this public territory, unless he
carried one or more 81 ayes with him, Il might then
be said, Just as gentlemen now tell US, that it
would be perfectly fair, because 1t placed every
man who might be inclined 10 60 there on an equal
footing, and might, by means OF having thus
homogeneous population, advance the general IN.
ttrest. Northern men would at once, suppose,
object 10 this arrangement. Then we should say
TO them If you do not like this restriction, let il be
settled, then, that every citizen of the nled States
may go into the common territory and carry slaves
or not, Just as he pleases. This would seeD TO be
u perfectly equitable and fair arrangement North
men, however, object to this, and say that they
are not wiling to live IN a territory where others
own slaves, Then we of the South say to them,
that we will consent TO divide the territory, and
limit possession with slaves part of II, and
allow them TO go at will over the whole Even 10
this they object, and insist that they will not allow
US TO occupy one foot OF the territory Remember,
sir, that this very territory was acquired by con.
quest, and that while the South, according to its
population, would have been required TO furnish
only oneihlrd OF the troops IL, In point OF fact did
quest And the North, deficient as 1t was COM
paratlvely IN the struggle, now says that its
science. or Its cupdty, will not permit US to have
the sme Hest portion of that territory. Why, sir,
this Is the most impudent proposition that was ever
maintained by and respectable body of men.
SIR, give The North full credit for its feelings
IN favor of liberty. can well suppose that North
ern gentlemen would resist, in the most emphatic
is
Tree slave; but regard them as too intelligent to
believe that humanity, either 10 the slave or the
master, requires that they should be pent up within
territory which, after time, will be insufficient
Tor their subsistence, and where they must perish
from want, or from the collisions that would occur
between the races Nor can | suppose that they
think It would be injurious to New Mexico and
California Tor our people TO GO and settle among
them. Prominent Northern statesmen, both in
this House and in the Senate, have described the
population OF those territories, and have repre-
sented II as being not only inferior to those Indian
tribes that we know most OF, VIZ the Cherokees
and Choctaws, but as being far below the Flat
Heads, Black Feet, and Snake Indians cannot,
therefore, suppose that they really believe that
these territories would be injured by having in
lusea inio lhein such State OF society as produces
shall, and thousands Of other great and virtuous
men, living and dead. Your opposition to our right
wl be regarded as resting on the lust for political
power OF your politicians, or on the rapacity OF
your people.
The idea that the conquered people should be
permitted 10 give law 10 the conquerors, is so pre-
pos',rously absurd. that do not intend to argue
H., Doubtless these people would be willing, moi
only 10 exclude slaveholdeis but all other Amcri-
Cans, If by simple vote, they were allowed 10
DO So may remark further, that but for the anti
slavery agitation, our southern shareholders would
have carried their negroes ato the mines of Cali
fornia in such numbers, that have no doubt but
that the majority there would have made il a
slaveholding State. We have been deprived Of all
chance OF this by the Northern movements, and by
the action Of this House, which has, by Northern
votes, repeatedly, from time to time, passed the
Wumot piovlso, so as In effect to exclude cur In
stituuons, without the actual passage of law for
that purpose IL Is mere farce, therefore, without
giving our people time 10 20 into the country, il
they desire 10 do so, 10 allow the individuals there
hy vote, 10 exclude whole class of our citizens
Jhis would imply that the territory belonged TO
,he people mere exclusively, and not TO all the
people Of The United States.
compared with this great question, the abolition
oi slavery IN the District OF Coumbia is of htr re-
lati,e moment. One effect, however, Of the anti
slavery agitation here Is worthy OF passing no
ucc. Within the last two years, since the matter
has become serious, II has seemed not improbable
mat the seat OF government might be removed
hom the district As this would be extremely
preJLdiclal TO the interests of the citizens here,
many OF them have so far changed in their
feelings as 10 be wiling to allow slavery TO
be abolished, yielding TO the force OF the
pressure from the NORTH besides, 80 many of
their slaves are from time to time taken away
by the abolitionists, as TO satisfy them that
such property here Is almost worthless. A great
Impression was made on them by the coming in
last year Of northern shiP, and its carrying away
seventy slaves al once. Seeing that there was no
chance of getting Congress TO pass any adequate
iaw ior tber protection, as most Of the States have
DONE thfy seem 10 be forced TO assent TO some ex-
tent TO the northern movement. Sir, it is most
surprising That the people Of the southern States
should have borne, with so little Complaint. The
loss oi their slaves incurred by the action of the
free states. The constitution of the United states
proNdtd Tor the delivery of all such fugiives and
Congress passed act TO carry IL into effect; but
recently, most, u not tall of the northern States,
hsye completely defeated their provisions, by for
bidding any Of their citizens 10 and ia the exe-
cution of The law, under the penalty of fine and
IN pflioninent Tor as long term usually as five
years. There ls probably no one legal mind in
any one Of the free states which can regard these
laws as constitutional. For though the States are
not bound TO legislate affrmatiyely in support of
the constitution OF the United States yet It is clear
That they have no right to pass laws to obstruct the
execution Of constitution provisions Private cI,.
zens are not usually bound to be active in the ex-
ecution OF the law; but II two or more combine
TO prevent the execution Of any law, they are ssb-
tcct TO indictment for conspiracy, in all countries
where the common law doctrines prevail m the
several states could riehlfuly legisate TO defea,
the action Of Congress, they might thereby com.
pletely nuhfy most Of its laws In this Particular
instance, such has been the result: for though the
master Is allowed to go and get his negro # he
can, yet IN point Of fact, IL is well known that the
free negroes, abotiossts, and other disorderly
persons, acting under the countenance and autho-
riy Of the state laws, are able usually TO over.
II