The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-29
No. l66.

Il seems to me that this is a dilemma from which
secessonist can escape, and that il at once
duces secession TO an absurditY.
The Senator from South Carolina (Mr. RHETr)
says the admission OF California unconstitu-
tiOna, because the Constitution provides only for
the admission of STATES. II had not heard this
same argument advanced at home by pbler
than the Senator would not hesitate to pronounce
il pure nonsense. The Constitution provides only
for the admission OF State True; but il ia the act
OF admission which makes II a State. Some thirty
three years ago. you, sir, were sitting In couycn-
tion in tho then Territory Of Alabama, framing n
constitution upon which you asked 10 be admitted
into the Union. Did you imagine that you were
committing the folly of aaking that which Congress
had no right to grant? Suppose some wiseacre had
risen in that convention and informed you that the
Constitution provided only for tho admission Of
StatCs-that Alabama WAS Territoi y, and there
fore could not be admitted into the Uuion-what
would have been your opinion, not merely Of his
tutional learning, but Of his common sense? From
that period to this, with only short intermission
you have held a seat in this body Has it ever
occurred to you that you were here unconstitu-
tionally, and that in the very act of taking your
scat you violated the instrument you were sworn
to support? There but three cases, believe, in
history in which States have been admitted in
to the Union-Vermont, Kentucky, and Texas
All the rest in Territories; and il the posi
tion of the Senator from South Carolina be correct
the early fathers of the Republic, the trainers ofthe
Constitution, knew nothing of the fundamen tai
law they established But sir while the Senator
from South Carolina denies to California the right
to come in because she not State, he yet con
tends, with that remarkable consistency which
characterizes many Of the opponents of the Com
promise, that Missouri did have that right. Now,
cir, the only difference between the two cases is
that Missouri had a regular territorial government,
and California never had But they were both
Territories, nevertheless, and neither could ever
become any thing else without the assent of Con.
gress. The people of both adopted constitution
and sent il here for approval; when approved they
both became States, but not until then.
Ia fal ia
the territorial bill for Utah. ] might pursue the
same line of argument here in the Gaze Of Cali
fornia, and show that the South passed that bill f,
and il il robs us OF any right robbed ourselves
There was not an Aboltionist Freesoiler in
either branch of Congress who voted forit There
were but two southern Senators who voted against
it, and those two ! believe were given upon the
ground that they did not have much faith in the
capacity of the Mormons for sef-goyernment !
voted for the BILL and the pillars of the Southern
Rights church voted with me. The Senator from
! South Carolina was not then here, but he now un-
derakes to call il robbery, and, with inexcusa-
bic arrogance, denounces all those who differ with
bim rs knaves or fools. give him the benefit oi
! his words:
care not the people of the slaveholding States
practically excluded by these Compromise Inea-
from coloniEing OF these Territories?
Sir, no man OF common honesty, or OF any honesty
at all, who understands the matter, cay they
are not"
have said repeatedly, here and elsewhere, that
as free TO go TO that Territory with our
slaves as to any Territory which has been formed
since the adoption OF the Constitution; and, al
though am not more sensitive than other men, l
do not like to have such language applied 10 my
published opinions. The Senator must allow me,
however, to console myself with the reflection, that
his Judgment is not infallible that no matter by
what standard he may measure himself mat
ter by what standard he may be measured in South
Carolina, IN that little spot constituting the rest OF
the world outside the limits of his state, there is
a very prevalent opinion that the Senator would
never have created extraordinary sensation,
even in the Kingdom of Lilliput itself
profess to understand this subject better than
the Senator from South Carolina | studied il for
intormation--he to find fault. | shall read from
the law itself, to show what the provisions OF
the bill; the same provisions arc in the New Mex
lean bllone is almost exact copy Of the other.
Mr.. DOUGLAS. An exact copy.
DIr. CLEMENS. Yes, cxccptus to the names and
description of Boundaries
The proviso 10 tho second section is
"-And pr0eided, further, That when admitted a
State, said Territory, or any portion of the same
shall be received into the Union, with or without
slavery, their constitution may prescribe Rt the
time OF its admission
Here is guarantee which we have never hld in
any previous territorial government 1t is the first
time in history that the North has proclaimed
in advance their determination TO leave the ques'
ton to be regulated by the people of the Territory
know there is like provision in the bill annex
ing Texas; but speak now Of Territories only, not
OF the partition OF States. But that is not ALL If
understand the views OF that Senator correctly. he
protects our right of property in slaves. and that
wherever that Constitution goes that protection
extends agree with him fully, and shall ende,-
30 show that the last Congress We're not
mindful of our interests in THE respect Not salts
fed with declaring that the Territory might come
in n State, with without slavery, the people
should elect, they went further, and, for the pur
pose OF meeting the objection TINT the Mexican laws
in force in the Territories, they enacted, in
the seventeenth section of tho bill, that 'the Con
stitution, and all laws Of the United States not To-
cay inappicable, shall have the same force and
effect rs elsewhere within the United States"
Here is an express extension of the Constitution
and laws Of the United States over the Territory,
and in effect direct repeal OF any Mexican law
which might be supposed exist. The Judiciary
act for the Territory also provides for the trial of
title to slaves. Like the laws of Alabama, and
suppose ofevery southern State, il provides ortras
between the slave and his master, and also for the
trial of the title of adverse claimants. The Fug-
tive Slave bill goes beyond the words Of the Const
tuition, and says that when q person held to service
labor in any State Territory shall escape &c,
he shall be delivered up, &c. The letter of the Con
sttution did not require the words 'or Territory
to be inserted in the Fugitive Slave bill. We have
but four TerritJrics-New Mexico. Utah, Oregon,
and Minnesota. Ia Oregon and Minnesota slavery
is prohibited by law. II it ia also prohibited in
Utah and New Mexico, where the necessity
of inserting provision that slaves escaping from
Territory should be delivered up? The suppo-
stion is qualification of Congress. 1t thus APP
pears Mr.. President, that not only this bill
20 suit the taste OF southern men, and To obviatc
every reasonable southern objection. shall not
discuss the question to whether soil and climate
have excluded from the Territories. My opn.
ion is that slavery will 20 anywhere where it is
not excluded by law. That is immatcrial. II God
and Nature have excluded it, we have right to
murmur at the decree. All we had right 10 ask
was, that Congress should not exclude it--that
Congress should recognise our equal rights. When
that was done, rs believe il was done, it then be-
came question for the people Of the Territory, and
TO them ! am willing to leave IT, II may be well
enough TO mention a strange difference Of opinion
between tho Senator AMI his abolition admirers.
There Is not ono of them who has not told bis con
stituents that the passage of these bills was tri
uruph of the slave power But recently saw q
letter written from New Mexico by an abolition
omissary there, to paper in Mount Vernon, Ohio,
in which he tells his abolition employers that New
Mexico mast bc slave State; that enigrGnts were
moving IN with negroes, and that he !
believed HE longer stay there would bo only use
less waste Of his time and their money. Now, |
whether he is right Ia this suppositun not 90 /
not know IL is sufficient for me that the bill con
tains exclusion of southern non- no insult to |
southern feelings. lfthc Wimot proyiso is Prac
ticay in tho territorial bills, southern men put Il
~. Il L...