The daily union., 1852-02-14

adult het as Stale Win such clause III her cOnsuu-
hon NO one will say so and why Because the
constitution expressly guarantees the right OF trial by
uy and Congress, in the exercise Of It's power IN the
admission Of States, as well as IN all onei cases must
constitution ITSELF and II would not be competent Tor
Congress TO waive such an negularty by attempting TO
give sanction 10 an act which was unconstitutional
Mr. President il may be said that these people in Cali
forna forming State government and that there
iore the authorities have read do not apply TO them,
form of Of government s iy This Is begging The whole ques
ton the main issue being whether these people were
such people were competent TO form State govern;
ment or whether California a State. But what said
the distinguished chairman of the Committee OF Thirteen
[Mr CLAY In the report accompanying the introduce
ton Of the compromise bills into the Senate, he says:
although she [cafonial has organized ior herself
State government she must be legally and consttutonaly
regarded Territory until she is actually admitted as
State into the Union"
So. sir, the chairman of the Committee OF Thirteen
himself said that California 'must be legally and eo-
tuonaly regarded Territory until she is actually
admitted State into the Union" Then, sir Il was
the act OF admission which created her State and that
act was IN violation OF the constitutional rights OF the
South and OF the power OF Congress under the constu
| ton 10 admit new States.
Mr. President as TO the bill providing territorial gov
ernments for Utah and New Mexico, we made no com
plant OF these simply upon their face But our objection
that the Congress of the United States did not do
its duty in placing the southern States upon an equality
with the other States in reference to the protection OF
their property entering these territories We take
this poston--and believe it is position which may
be well mainlained-that by the treaty y-making power
under which this Territory was acquired, there being a
local law Of Mexico abolishing slavery there,
placed upon an inequality with the rest OF the States in
reference to the enjoyment OF our property IN this Ter
rory And that Intervention took place against us by
| the local law under the treaty making power. Many
persons are led into error by not distinguishing properly
between the acts OF different departments OF the govern
ment in exercising powers involving the equal rights OF
the several States OF the Union, and suppose that act
of Congress removing the obstruction of the local law
OF Mexico would be Intervention in favor whereas
other States in the enjoyment Of property in the Ter
oy where intervention had already taken place against
us by the local law OF Mexico existing not righfuHy
but de fao, through the neglect of Congress to do its
duty in declaring its eristsEee.
We do not believe that the Mexican law righuuIy
exists against us in these territories But it exists there
de faeto and If we 60 there with property may
be compelled to encounter it. and have right to
property decided under it by the Supreme Court Of the
United States In other words, may have to subject
ourselves TO the expense and hazard of doubtful decision
of the Supreme Court OF the United States, to know
whether we can securely enjoy our property not We
say lhaf al the time this territory acquired, every
citizen OF the United States had equal right TO it
with his property; and if there any existing local
law OF Mexico obs'rucng our right TO go there with our
property was the duty of Congress that OBJ
sIuction, and to place us upon an equality with all the
citizens OF the other States in the and enjoyment Of
property there Congress refused 10 do this and ii
was just cause of complaint to the South.
Upon what principle were these territorial governments
established They were established sir, upon what is
called the principle of Intervention And what is
non-intervention understood by majority OF those
who acted upon this question in the passage of these
laws IL is that the southern people not to have
even the right OF protection OF their property those
territories. What is the real fact of the We gave
mp the line oil 800 30 which the old line of compro
mise between the two sections, for principle. and that
principle was non-interventon And that non-interven
ton, understood by majority OF those who passed
these laws, was the exclusion OF the South from the
Ioyment OF their property in these territories This
what was complained of and OF what we had right 10
compainnot that there anything upon the face of
the bills TO which objected, but that Congress did not
do its duty in legslang for the territories in such
TO give TO the South that protection for he prop
ery which was given 10 all the property OF all the other
| States OF the onion.
With reference 10 the question of the Texas boundary,
have only word or two say Our objection 10 that act
was that the government disputed the title of Texas to
her territory and that the proposition which was made 10
her TO sell portion OF il for ten millions OF dollars was
not made 10 her on fair terms that she had not the
proper alternative presented TO her in accepting reject
ing it, Texas was admitted into the Union under what
termed the resolutions oil annexation, providing that
in all the territory north OF 80 deg 30 min slavery should
be excluded, and OF that ne the States after
wards be formed within her limits were 10 be admitted
slave States not, the people themselves should
determine. Did not that OF annexation show that
the government OF the United States recognised the title
OF Texas 10 the territory north OF SO deg 80 min, as
well as the right Of the people to determine the question
OF the existence OF slavery south of il Most certainly
il did or why should Congress say what should be the
disposition and character OF the territory north and south
of that line That direct and papable admission
the part OF the that the United States
cognised the title OF Texas TO this territory, and that the
~ ~ ~
said that the question OF the adjustment Of the boundary
between the United States and foreign governments was
TO be left with the government OF the United States
The United States went 10 with Mexico 10 maintain
Texas in her boundary and gained by conquest ratified by
treaty, not only the territory claimed by Texas, but vast
amount besides and then the government OF the United
States turned round and disputed the title OF Texas the
territory within her limits, laid down IN her law OF
1895, and as she admitted into the Union. II may
be said that this title disputed by the government
But was disputed, far al least the Executive
concerned have copy OF the message Especial Texas
message) OF the President before me, in which il is dis
pnted disputed also by the Senate OF the United
States IN the discussion and vote upon the proposition in
troduced by the senator from Virginia, Mr. MAsos, in
short bill OF three sections, proposing to declare the
boundaries of Texas TO be they laid down in her
law OF 1896, for which proposition both the Texas
tors voted, but which voted down by large majority
OF the northern senator's The title OF Texas dis
puted and when this proposition 10 pay her ten millions
OF dollars made, there alternative left her but
10 take the money and partition of her territory or
counter the military force OF the United States which the
took exercise her jurisdiction within what she claimed
and the government had recognised, her own limits,
but which he said was within the limits OF New Mexico
This, we said, invasion OF State rights Our
complaint not altogether that the territory pur
chased, or that Texas accepted the proposition Texas
bad no other alternative. II may have been good
rangement Tor her Our objection that invasion
oil Slate rights was committed by that act
As to the bill aboshng the slave trade in the District
at least we believed saw--ihat there were two great
objects the part OF the anti slavery party the
try and on the part OF their representation in Congress-
IN connexion with these compromise measures. One
was TO exclude the South from the Territories, thereby
limiting the area Of slavery 80 as ultimately TO over