The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-28

whether of equity or law, in chrstendom. No SIR nc
evasion and that whether they Be- for US or against US
4 Mr. SEWARD. think my position was not state.
conecy but. il il is the pleasure Of the SENATOR viii
wait until he gets through.
Mr.. DAYTON By no means. will hear the sena
Mr.. SEWARD. intended to state. and | think dis
state, that the resolution for creating new States at All
after only the consent Of Texas. but of Congress
and that therefore, ii the question to-day before me
should VOTE under present circumstances and with my
Texas and that the result Of would be that new
State could be admitted as State.
Mr.. DAYTON. II the senator to say that hf
would vote now, under existing circumstances, against
the admission Of slave State in Texas agree with
him. U
Mi. SEWARD Now and hereafter II he will refer
to the words, he will that new States may Be admit.
ted with the consent Of Texas 10 be hereafter given and
with the consent OF Congress TO be hereafter given thai
the Congress Of the United States is not commed in that
y Ss q ne
the resolution II that the language Of the resolu
tion. there might be something in the genemans agu-
ment. But the language OF the resolution Is thus
ssa wyhsS
tuition"
| repeat that would not hurry their admission;
would not anticipate the necessary pelmnaries; would
take full time to that they OF convenient sze to
that they have sufficient populations to see that they
come in with the consent Of Texas to see that they have
complied with the whole spirit and letter Of that resolu
tion but when that is done, see not how the govern
ment is fairly 10 escape from the contract:
thus pass from the subject Of California and it's pro-
posed equivalents and say am in favor OF her admission
without restriction, without limitation, and without
equivalent.
Well. sir there is another question.
Mr.. SEWARD, (interp0sing.) Will the senator from
New Jersey allow me 10 ask him whether the resolution
for the annexation Of Texas, he has quoted it, was
found in the book called .The Constitution r.
Mr.. DAYTON. believe copied it from that
MI. SEWARD. Will the senator excuse me if read
from that volume, the one to which had access before
and which presume right for the purpose OF avoiding
the resolution before recited and commented upon the
language, new States may hereafter be formed" as CIV
ing to Congress an option
think, the application OF that language; if critically ex-
amned il viii be seen that the word may applies TO the
option on the part Of Texas or i applied to this govern
mcnt as well as that is controlled by the language Of
the next sentence The word shall applies to the oblga
ton which rests upon this government 1.-TWO or three
senators near "Thafs il. cearyl do not thiak there
fair construction Of thai resolution But pass from that
branch OF the subject trusting that we may not be called
upon to act upon It for years to come.
There another topic OF practical character 70 winch
beg to call the attention Of the Senate and that is, the
fugtue daUe BILL This subject has been muchspoken of
the general the Senate, butt has been very little sFo
ken Of in its details The constitution provides that fu
gtives from service "shal be delivered on claim OF
the party to whom such service labor may be DUE"
trust that may be pardoned few preliminary remarks
in calling the attention OF the Senate to the mode IN which
that provision into the constitution, with view to
what consider the truth OF history, and to rectify
mistake recently made upon the subject BY the senator
from South Carolina, [Mr. CALHoyS] That senator
been opposed in the Congress of the Confederation from
7s4 1857 and had been kept outs but that finally In
1887 the Congress Of the Confederation and the conven
time, the one New York and The other in Philadelphia
acting upon mutual understanding the one passed the
ntsavery clause OF the ordinance and the other put
this clause into the constitution providing for the de-
livery OF fugitive slaves leaving to understand that
the one consideration OF the other, and that we
had now fathlessly refused to carry out that under
standing. H
In the course OF few years. this statement. unless
coniradcted here and now, will become history uires
aeguirt sundo" beg to ask upon what it rests The
ordinance as dawn ay i iensIson was moi 1e.sa'sd
meagre skeleton, wanting in all those noble prop.
critics which have since given 20 just ceebntyD II
provided as drawn BY MT Jefferson tor ten States instead
difference in the relative strength OF the two sections OF
the confederacy As It was, Il continued the law from
LISA 10 i7s7 The subject matter OF the NoItnwesen
mittce oil the House, OF which Mr. Cauington OF virginia,
was chairman On the 9th OF july 1857, this reference
was made and the iih, Mr. Darlington, as chairman
of that committee, reported the ordinance as II now
without the anti slavery proviso. On the i2th Mr. Dane
member OF that committee, moved the insertion OF TINS
proviso amendments and was inserted unanimous
ing gone through all the forms OF legislation in ve days
Now is supposed that this bill, with its ant-slavery
clause was connected with the clause IN the constitution
for the surrender OF fugitive slaves and that they were
passed together and upon mutual understanding Of the
two bodies By reference TO the proceedings OF the
convention which formed the constitution, IL will ap
pear that that convention approached the subject
OF fugitive slaves until the 2sh of August nearly seven
weeks after the time that the Congress OF the Confede
ton had passed the ordinance with the slavery provso
in IL This would at and OF itself end the hypoth-
esis but there is trace OF any such understanding IN
the debates in the convention there trace OF such
an understanding far have in the debates oi
the several State conventions when they to consd-
the adoption OF this constitution. have looked par.
tcuarly into the debates in Virginia, North Carolina and
South Carolina and find nothing OF the kind The only
reference from which the consideration given the North
for this consent to surrender fugitive slaves may be i'm.
Piled find in the remarks Of Gen Pnckney, in the
donment Of the right OF importing slaves after twenty
years. said, in that cohnexion that the South had secured
provision for the surrender of fugitive slaves which
they would not have been entitled to- and had made the
best bargain they could II there was any question
(Which very uncerain) which had bearing upon th,
the right Of importation OF African slaves after twenty
years may add here, that the adoption Of that const
luton in the convention OF South Carolina was violently
opposed but when the decisive vote came, there
long burst OF applause and appreciation from the sur
rounding spectators; confusion followed the minorit,
protested against 1t insulting to them, and the hous
was cleared Long, long may il be, before other and diff
ferent feelings shall reign in Inc hearts Of that people
speaking OF the mode in which this fugitive slav
clause into the constitution and deny that there
any evidence that II there consideration for tn
anti slavery clause the ordinance of 1857 That claus
as to fugitive slaves being there, soon thereafter
might be the act Of 1893 passed for the purpose
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