The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-20


Snlon. This policy would give them four more free
olales IRON the Indian territory Nor is this all Della
ware cannot now be considered slave State and the
coon oaies acquiesced in the inevitable tendency of
.hngs. IN lew years, Maryland, Virginia Kentucky and
missouri would become free Satss-being five free
States more and making the two sections Of the Union 10
States. ~
Such. sir was the matter in controversy, immediate
anu prospective concerning our Territories acquired from
Mexico, with the distinct understanding on The part of
nolhern senators and representatives as my honorable
colleague has asserted, that slave States should
oe admitted into the Union 1t is true that Mr. Webster
nas asserted tha by the terms OF nnexalion the South
mad right TO have four new States from Texas but
Wnat are southern rights worth in this controversy!
al'er we have submitted to be spoiled Of forty. five
oaies. VIII we not be spoiled OF four States But
suppose We gel these four States. they will make ult
ma,ely fourteen slave States sixty nine free States
oacn was Inc state Of things and such the appalling
prospects ihey presented to the South under the peten
SONS OF the North TO exclude her people from all our
Mexican Territories. II not merely question OF
these Territories, they would speedily be filled up by the
free States, and brought into the Union as free States
Independent OF the natural increase Of their population
must have an addition OF no, less than eight millions in
len OF itself IN this time make as many
new 1iee States as there are now saveholdng States
the Union In this state OF things it would not require
anything more 10 be done by the free States 10 complete
their ascendency Monopolizng all our vast territory
they would have only TO stand still and do nothing and
time would work out their mastery BY the multiplica-
tlon OF States they would be able 10 obtain the re-
qured majority under the constitution 10 alter the cons,
tquon, and thus obtain the constitutional power to
abolish slavery throughout the South. Our doom would
nus De coasummaied by the lapse of lime as GER
tainly as autumn follows with its killing blight
and decay Now, under these circumstances, what did
the Compromise do for the South It surrendered all our
Territories to the North.
Mr. President, put the question TO The senator from
Mississippi, Did not the Mexican Territories belong TO
the southern IN common with the northern States He
will not deny it, The constitution expressly atrms il
ana me tme was when he was furious IN vindcang
common and equal right of property. We fought for
won anu must pay Tor them in common Then put
TO him second question Are not the people of the slave
holding States practically excluded by his compromise
measures from colonzng with their slaves one acre of
these Terrores Sir. no man of common honesty, or OF
any honesty at all, who understands the matter. say
that they are not Is this wrong the South !-no
wrong morally mo wrong constitutionay The sen.
alor now answers, and that the South has obtained
by her exclusion all she demanded-a she had right TO
demand; He goes further, and afms that are consti
tutionally excluded, and that he heard decent
argument here elsewhere against the constulionalty
OF our. exclusion. was not member OF tbs body when
these measures passed, but recollect reading very
aDie argument from The senator IRON Georgia, [Mr BER
RIEN not now in his seat the unconsulionality of
the very expetien by which we are excluded by his
Compromise SIR, the senator bad said that there was
not decent argument in favor OF the consRutionaliy
OF our exclusion 1t would have been in keeping
with the truth aud his former positions Look al the
question IN high general view. Our territories belong
TO the States III common. The North, enforcing inius-
hce and inequality, excludes the southern States from the
whole OF them and appropriales them all to Ter purpo-
ses oi colonization Can such policy be constitutional
1t Is, then the constitution is in itself instrument OF
injustice and inequality amongst the States To take
Tins position is not only to give up territories bat
give up the constitution 1t is an instrument not TO
tend by lis principles llsnce and equality amongst the
people and the States but wrong, inequality. and despo
ism. Such Is not my conception OF the constitution and
therefore infer that any policy unjust and unequal in
Its operation must be unconstitutional. But let us ap
proach the constitutional question The consti
tuition says new States may be admitted by the Con.
gress INTO The Unlon Now the question Is, Cali
mel here n lain all ImIf-
ance into the Union. The senator from Kentucky, [M
CLArl who claims the paternity OF these measures, dis
incy admitted in debate that the emigrans and resi-
dents in California, occupying and working contrary to
law the lands belonging 10 the United States Cafor-
MIA did not constitute State that the constitution they
sent here had no validity and could only have validity by
the act OF Congress WE'LL then, how could California not
being State be cobsuiionally admitted into the Union
under clause IN the constitution which says that
States may be admitted into the Union " But, TO
lower down in the argument-that might meet the
alor from Mississippi himself to conirover his position
did not that senator by his signing the Southern Address,
and in dozen other places srenuousy contend that the
Wimot proviso was unconstitutional Further than this,
he said, late asday before yesterday, in replying my
colleague, explaining the letter which he signed with his
colleagues iron Mississippi TO the OF that State,
/" that the application OF California TO gain admission into
the Union under all the circumstances Of the case
bu, an attempt 10 obtaia he passage Of the Wimo pro-
riso ia another Jorm"" that il attempt, the
part OF those pressing as separate measure to obtain
precisely those ad, antsges IN favor OF the North over the
South in California which the WIlmot provso coniem-
exactly then proposed the admission of California into
the Union, according to the senator's authority. is
"Ms passage of The Wumof pror,so another form" II
has obtained precisely those advantages in favor OF the
North over the South in California which the Wilmo
proviso contemplated"
Mr. FOOTE. Will the senator allow me to interrupt
him
Mr.. RHETT | would prefer no, TO be interrupted ;
because the senator has not good temper and mine is
not much better
Sir the is right lie did not then regard forms
He disdalned TO qubbe about words. He looked 10 the
thing and that thing was the exclusion OF slavery from
Territories by the act OF Congress Whether this
was done in territorial BILL or bill admitting Caor-
MIA into the Unon with the words Of exclusion in
her constitution, was very immaieria Both forms OF
exclusion had their validity from the act OF Congress,
and from that alone 1t was the Wilmot proviso, The
Wilmot proviso, he contended. was unconstitutional 1:
therefore, the admission OF California, containing 1t IN
her constitution, is unconstitutional leave the senator
TO combat himself, with him at least his best authority.
We were excluded from New Mexico and Utah in a
different mode The Mexican laws had prohibited
slavery in those Territories whilst they belonged 10 her.
The mode adopted to say nothing in the territorial
bills about the exclusion OF slavery from these Territories,
bu, leave il 10 the President by the Judges and mar
.hals whom he would appoint, TO have the Mexican
laws excluding slavery enforced against the southern
layehoder should he enter those Territories with hs
slaves. This was called "non intervention" admit
that voted for a bill Of this kind (Mr. Cayton's bllD
when Mr. Polk was President OF the United States, be-
cause knew that. agreeing with me that the constiiu-
ton of the United States. overung the laws OF Mexico
would protect that property which was property 10 any
OF the States 10 whom hose Territories belonged, he
would appoint Judges and marshals who would practically
enforce his OF the constitution and that mus inese
Territories would be open for colonization TO the slave
tive non Intervention, there TO be practically direct
srre,,pr iaferpenfton And IL is The President