Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-03-07

that new sovereign power which this people and
these Territories came under, IN consequence OF
the treaty of cesson to the United States. think,
then, Mr. President-without trespassing further,
or exhausting the little stock Of strength have,
and for which shall have ample occasion in the
progress of the argument-that may leave that
part Of the subject with two or three observations
only upon tho general power which, think. apper-
tains to this government upon the subject OF slavery
within those Territories.
But, 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 upon entirely different grounds: slavery
within the States, and slavery without the States
Congress, the general government, has no power,
under the constitution Of the United ststes to touch
slavery within the States, except in the three spec
ifed particulars in that instruments to adjust the
subject Of representation, to impose taxes when a
system OF direct taxation is made, and to perform
the duty OF surrendering or causing to be delivered
up, fugitive slaves when they escape from the SER
vice which they owe iE the slave States, and take
refuge in the free States. And, sir, am ready to
say that If Congress were to attack within the States
the institution of slavery, with the purpose of the
overthrow or ths extinction Of slavery, then, Mr.
President, ssmy voice would be for wars Tnen
would be made case which would justify in the
sight Of Gcd and in the presence Of the nations OF
the earth, resistance on the part Of the slave States
to such an unconstitutional, usurped attempt as
would be made under the supposition have stated.
Then, sir, we should be acting in defence Of our
rights, OF our domiciles, Of our property, Of our
safety, of our lives. Then think would be fur
nished case in which the slave States would he
justified by all the considerations which appertain
TO the happiness or security Of man. to employ every
instrument which God or nature has placed in our
hands, to resist such an attempt upon the part Of
this government. Then, sir, If, unfortunately, CIV
il war should break out, we should present to the
nations of the earth the spectacle of portion OF
this Union endeavorng to subvert an institution Of
another portion, in violation Of the constitution
and the most sacred obligations. We should pre-
sent spectscle in which we should have the sym.
pathy and good wishes and desire for our success,
of all men who love justice and truth.
Far different would, I fear, be our case, if unhap
PLY, we should be led into war, into civil war, If
the two parts OF this country should be placed in
hostile position towards each other, in order 10
carry slavery into new territories acquired from
Mexico. Mr. President, we have hcard-all of
have read-of the efforts Of Ek2Rce to propagate
s Tn' .e sa ssse,r 1ss nn, .'nss,y ans
know the fate of her e1ortSOf propagandism Of
that kind. But if. unhappily, we shouldbe involv-
ed in war, in civil war, between the twosnarts or
this confederacy, in which the effort up0l d one
side should be to restrain the introduction Sla-
very into the new territories, and upon the nther
side 10 force its introduction there, what specta
/ Gle should we present to the astonshment of man.
kind, in an effort, not to propagate rights, butt
must say it, sir. though trust 1t will be understood
to be said with no sign to excite feelng-a war
to propagate wrongs in the territories thus acquir-
ed from Mexico. II would be war in which we
should have no sympathIes, no good wishes; in
which all mankind would be against US in which
our history itself would be against us; fer,
from the CONNIE ncement ofthe revolution down to
the present time, we have constantly reproac he'd
our British ancestors for The introduction of sla-
very into this country. And allow me to say, that
in my opinion, il is one of the best defences which
can be made to reserve the instituton Of slavery
in this country, that it was forced upon against
the wishes Of our ancesiors-of our own Ame riCan
colonial ancestors-and by the cupdity OF our Brit
| ish CONNER cial ancestors.
| The power, then, Mr. President, in my opinion
and extend it to the introduction well as to the
prohibition of slavery in the new territories-doe
exist in Congress and think there is this impor
| tant distinction between slavery outside or th'
States and slavery inside OF the States that all out
side the States is debateabe, and all inside OF tn
| States is not debateable. The government has n,
| right to attack the institution within The states
| but whether she has andto what extent she has o
has not the right to attack slavery outside OF tn
| States, is question debateabe. upon which mcl
| may honorahly and fairly differ; and however !
may be decided, furnishes, trust, no just occas,o
, for breaking up this glorious Union Of oars, x ,
| am not going to take up that part Of the sutjec
| which relates tothe power OF Congress to egislae
/ I shall have occasion to make some observation
| upon that subject in the course of my remarks
whether in this District OF Columbia or in the Ter
ritores; but must say in a few words that thihl
| those two sources Of power either of which i
(
else of the power, either TO introduce or keep ou
slavery, outside OF the States and within the Terri
tories. exist. Mr. President, shall not take up time
| of which SO much has been consumed aiteady, tc
show that the clause which gives to Congress the
power to make needfu rules and regulations re
speeding the territory and other property of ths
United States, conveys the power TO 1egisiate fol
| the Territories. cannot concur with my worthy
friend-anu use the ter m in its best and most en-
| phatIc sense-niy friend from Michigan-for be
b,.c lpo oil or han I havf
known, and longer fhan he has known, any other
| senator in this hall say cannot concur will
that honorable senator, though entertain the mos
profound respect for the opinion which he has ad-
yanced adverse TO my own but must say, sir, tha
when point is settled by all The elementary author
tiles, and by the uniform Interpretation anu acflos
! of every department Of our government-'egisla
| tive, executive, and judicial-and when that pein
has been settled during period OF my years, ahe
| never was seriously disturbed until recently,
| think that if we are to regard any thing as hxed
and settled under the administration OF TINS constr
tuition of ours: it is the question which has beer
thus invariably and uniformly settled. or, SIR, ars
to come to the conclusion that nothirg--nothine
upon earth is settled under this constitution, ant
that every thing is unsettled?
Mr. president, we are to recolleet that it is yer,
possible-that it is, indeed, quite likeiy-thatWher
that constitution was formed, the application of /,
to such Territories as Louisiana, Fiorda, Cali1or
| MIA, and New Mexico, was never within the con
| temptation Of the trainers Of that instrument. i
will he recolle that when that constitution as
| formed, the whole country northwest Of the ONO
| was unpeopled; and il must be recotlected, also
| that the exercise Of the power to make govern
r,ents for Territories in their infant state Is II
| the nature Of the power temporary, ana sheh al
| must terminate whenever they have acquired pop
| ulation competent to seif-goverrment. Sixty thou
| sand is the number specified In the ordnance o
1857. Now, sir, recol!ect that, when this constr
| tuition was adopted, that territory was unreoPled
and how was it possible that Congress- TO whom il
| had been ceded, for the common benefit of the &C.
ding States aud the othe. States Of the Union, had
no power whatever to declare what description oi
settlers should orcupy the public lands9 suppose
that Congress had taken up the notion that slavery
| would enhance the value Of the lard, and, with 9
view to replensh the public treasury ana a'eme nj
the revenue from that source, that the introduction
of slavery there would be more Advantageous than
| its exclusion, would they not have had the right
! under that clause which authorizes Congress tc
make the necessary "rules and regulations respect
| the territory and other property belonging to the
| United States"-worid they have 10 right, discre
! tion autbority-whatever you may choose to Cal
ito say that anybody who chose 10 brig sslave'
! and settle upon the land and improve it should do
SOP 1t might be said that i.eould enhance the val
ue Of the prcperty it would give importance TO the
| country; itwouid build up towns and villages; and
| in fine may suppose that Congress might THINK
that greater amount Of re .enne might he oefiVeo
from the waste lands by the Introduction OF slavery
than could be secured by its exclusions anu VIII u
be contended, # they SO thought, that tney "ouio
| have no right to make such ruler Nh}, SIT, re-
| member how those settlements were made. They
| began with very few persons. aarisl'a was,
| hfnk the first place settled in the Northwest Ter
haf,r ma NJr