Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-02-14

1 mas peen reierreu 10 .by the senator from Ono
annexing Texas to the United States, there i
provision which declares that slavery shall
not exist north of $50 30< north latitude, with
1 IN the limits of State formed out of such
| territory; and il is true that there is also a
provision in the act OF 1850, incorporating the
Territory of New Mexico, which declares that
this proviso in the act lS45, annexing Texas
4 to the United States, shall not be impaired or
4 in any respect abrogated. And, then, there is
1 another provision, in the same act, which de-
4 clares that slavery may may not exist within
i the States proposed to be established by this
4 act, as the people living within the States may
prescribe in the constitution which they make.
4 What is the purpose of those provisoes
How far do they effect this question of slavery
4 within the territories? According to the reso-
/ luton annexing Texas TO the United States,
the whole question was an open one as to what
the boundaries of Texas really were. The act
of 1850 defines those boundaries; and those
boundaries, as defined by that act, embrace no
territory lying north of 36o 30<, All the terri
tory within the boundaries of Texas, thusdefined,
lies south OF 36o 30< north latitude Then il
will be at once perceived that if the proviso in
the bill was intended to apply to the Texas
| territory, as settled by the United States, there
was no territory lying north Of 36o 30< upon
!
Now, if it be urged that it was intended to
apply to the territory outside of the limits of
Texas as thus organized there is but small
portion of the territory to which it could apply ;
but if it was intended to apply to that territory,
II is not OF course to be construed as applying
to any other territory; and, as an evident conse-
quence, it would leave the question wholly UNI
settled, SO far as the territories are concerned,
provided it applies in its effect not to the terri
tory, but to the States formed out of it. de-
sire, Mr.. President, to call the attention of the
Senate to the proviso in the Texas resolution,
to show what its precise meaning is. | will
read it:
aAnd such States as may be formed out of that
portion of said territory lying south of 36o 30'
north latitude, commonly known the Missouri
compromise line, shall he admitted into the mon
with or without slavery, the people Ct each
Slate asking permission may desire. And in such
State or States shall be formed out of said ter
ritory north Of said Missouri compromise line
slavery or involuntary servitude except for crime
| shall be prohibited"
1 The act Of 1850, which organized the Ter
ritory Of New Mexico, has this proviso:
9 PROVIDED, That nothing herein contained shall
/ be construed 10 impair or qualify anything con-
tanned in the third article Of the second section OF
i the Joint resolution for annexlns Texas 10 The
i United States. approved March l., 1915, either as
\ regards the number Of States that may here.
after be formed out Of the State of Texas or other
/ wise
Now, Mr.. President, what is the prohibition
which is made in the proviso to the resolution
annexing Texas to the United States? How
does it apply, and to what does it apply? Does
it apply TO the territory, or does it apply to the
| States to be formed out Of the territory? The
language is clear; and if you are to under
stand the meaning Of Congress by the language
! employed, you cannot understand anything else
| than that it was the intention Of Congress to
| prohibit slavery from the States to be formed
out of such territories as were within the limits
of Texas. If there be any meaning at all to
be attached to the proviso which was offered by
the honorable senator from Virginia Mr.. Ma
SON in the bill organizing the Territory of
New Mexico, it is merelya declaration that this
act shall not be impaired.
The question which desire to present for
the consideration of the Senate, grows. out Of
the peculiar phraseology of the proviso con-
tanned in the Texas resolution. What is that
phraseology? 1t is that slavery, within the
limits of the States hereafter to be formed out
Of this territory, shall be forever prohibited in
that portion of it lying north of $50 3p north
latitude What, then, is the prohibition? 1t
| is not prohibition upon the people living
| within the limits Of the Territory; it is pro-
hibition upon the people living within the
States after the States shall have been formed
out Of that Territory. That is the extent of
I the prohibition. 1t does not reach the. people
1 in the territory, but only the people after the
| territory shall have ceased to exist in its or
|. ganization as territorial government, and
| passed away to take its position among the
| States Of this confederacy. That is the point
where the prohibition reaches the people; and
1 the question which | desire to present to the
consideration of the Senate is whether it is not
utterly void. 1t is proviso which strikes at
/ State sovereignty; it is q proviso which strikes
| down the rights OF the people living within the
limits of the State; it is q proyiso which de-
| grades sovereign State, if it should be con-
| tinued in force till the time when State comes
to place herself alongside of the other States
Of the Union.
/ What is a State? What do you understand
| by the term '.State?' Do YOU understand that
it means merely corporate body, where men
have gone together with view Of establishing
political institutions for the regulation Of them
selves, and the protection of their lives and
property? Is it inAkat sense alone that you
are to understand the meaning Of the word
State as applied in the Constitution to the
admission Of States into this Union? Sir, a
Il htatet uuueI TIE SOu5lilullOH Ol the lHlleu
States, is State clothed with all the powers
and with all the attributes of sovereignty which
belong to any other State within the limits of
this great confederacy. 1t is State which has
power over every subject which comes within
the limits of It's jurisdiction, as mucr so as if it
4 had existed from the very commencement OF
the government itself 1t is State like New
! Hampshire; it is State like Virginia: it is a
/ State like Massachusetts, State like New
York, or like Kentucky, or any other State
| now in the Union. When she comes into the
Union, she is a party to the compact which
| binds all the States together. She cannot lose
her equality; nor can the federal government
| deprive her it. She is in every constitutions
sense equal to the rest. She surrenders to ths
federal government precisely as much land nc
more) Of her sovereignty as the States now il
/ the Union have done. She cannot surrende
more, nor can she surrender less, nor can tn,
\ federal government receive more or less. Tht
4 Constitution Of the United States defines tn,
powers which are to be given mp by the States
. tn tho federal oovorun,ept and those retained