The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-08-07
Senator Berrien.

OF the American people; We have equal rights ,
with you in this Territory; we require that,
in the regulations which you make for it, I
you shall do nothing which will embarrass ?
those rights-nothing which will prevent us !
from the full exercise and enjoyment of Z
Them
"The North says, you cannot be permitted :
to enter those Territories, unless you divest !
yourselves of certain rights which, within
the limits of the United States you possess.
This is the bone of contention"
eff it could be shown-and if 1 have
strength hope to be able to show-that the
South has with the North equal rights un-
der this constitution; that the inevitable re-
suit of that equality, is an equality of right
to participate in all the acquisitions which
are made by this government, and that no
incidental circumstances attending the con-
dition of any one of the parties to the con-
stitutiOn, can, in the exercise of an implied
power, destroy the right which is founded
upon that elementary principle of equality
if this be demonstrated, there would result
an obligation on the part of Congress, sup
posing them to be invested with the power
of legislation upon the subject of slavery,
not merely not to prohibit the citizen of the !
United States from the enjoyment of right |
to participate in the common territory of the !
). Union, but to remove fit were necessary,
any obstruction which existed to the enjoy
ment of that right If Congress possessed
a power to legislate upon the subject of slave
ry in the Territories of California and New
Mexico, and there existed any obstruction to
the exercise of this right of the citizens of
the South, they might with confidence appeal
to them to exercise this Legislative power
for the purpose of removing these obstruc-
tons. But we make no such appeal. And
; now l desire Senators to observe the footing
upon which, so far as understand it, the
, Southern claim rests. We make no claim to
your interference We do not invoke the
exercise of your legislative power. We de-
ny that you possess such powers. We say
to Congress, exercise the power which you
possess, from whatever source this may be
: derived, of instituting governments for these
. Territories. Abstain from legislating upon
: the subject of slavery. You assert one prin-
e ciple and we another. Leave that principle
to be decided by the constitutional arbiter
: between us. We do not ask your legislative
aid. What we deprecate is, your legislative
e interference. Organize the governments of
. these Territories as you may see fit No
southern man will interfere to oppose your
progress. But abstain from the use of the
s power which you affirm and we deny, and
5, give US the privilege of referring the ques-
II ton of difficulty between us, to the common
a arbiter established by the constitution
Is Organize your Territories as you will; but
7, abstain from any act of legislation calcula
al ted to abridge the enjoyment of right which
lie we assert. Abstain from legislation which
rs will interfere with the enjoyment of that
right"
u E'But Congress possesses, in many instan
ia ces, the power of affirmative legislation ovel
s. an object, without having the power to legis
e late over it negatively. You can pass M
ne laws abridging the freedom Of speech, or o
ne the press, deny to no accused person the
al right of trial by jury, or any person in th'
"a the common law courts, where the matter i
IL over twenty dollars Now, it is not to b
n. doubted that, to facilitate to citizens the en-
Us joyment of those rights, Congress may leg
re islate afirmatively, although the power t
ne legislate negatively is expressly denied by tn
x constitution. This may serve to illustrat
the position for which contend. First, tina
the proof of the power to establish govern
ment which includes the idea of legislativ
IRE power, does not necessarily extend to til
MS power which is asserted in this discussion
ru- that is, to unlimited power. Second, tina
he Congress may have the power to legislate a.
7as Tentatively, and might, to facilitate the e1
OF ercise of a constitutional right-the right
wn carry our slaves into these Territories
It's legitimately called upon for such Legislation
lad for the purpose of removing any Obstructio
TIL which may exist to the enjoyment of i
de while the power SO to legislate as to Great
md Instructions to the enjoyment of it, woul
m be denied to that body
out Now, submit to the Senator from Kel
ops lucky, (NIr. Clay, that here is the true
ur- quivalent Of which he is in search: In
nd compromise each party may retain the opil
ion which he had originally formed. He
not required to sacrifice it, but he is requi
ed retaining that opinion, to yield some pc
ton of the claim which he asserts under
ave in consideration of some similar concessi,
ter by his opponent, and that is the precise sta
IF of things to which we are brought at til
stage of the discussion. We demand adm
an sion into these Territories with our proper
the of every description. We assert our rig
our to go there. The North denies this rigI
nil resist this claim What then is the nc
step? The North asks you to legislate !
: : the purpose Of enforcing their opinion. Y
en- assert our right to ask you to legislate
lin, the purpose Of enforcing ours. Now t
the true spirit of compromise would suggest Il
ome the North should withdraw her demand
- prohibition, and that the South should
.ns cede from her claim to protective legislatiC
ing Each party vii then stand upon his rigl
lear as he asserts them, leaving their decision
dis the common judicial arbiter of the Union.
Int i repeat to the Senator from Kentucky Il
ID these mutual concessions IS 10 be found
: ele true spirit Of compromise that It IS
not equivalent Of which he has been IN scare
IN NEW w AZ no COLLECT An OLD DEBT.
young man, having small bill of
~ liars against tiIIl, whose place of busiu
that IS near The haa long 81 haEf, and Th
IT,. he had tried repeatedly collect and fail
5 dis finally Int upon the following plan to !
8 duee the money he SO much wanted he VI
ed deliberately up stairs into Their count
sAsa room, and stated TO one Of tie firm thai
chic wanted the money very much indeed; as
,ther sister was very sick with the small pox,
fear that he had SET up With her all the nightl