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The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, August 17, 1850, Image 2

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DEBATE EN THE SENATE
Ti'lsdat, August 13, 1850.
ADUt**lO!? OV CAUrORKlA.
The Senate h?\iu^ under consideration the
lull to admit California n.~< a State into the
I uion, a debate ensued which was necessarily
omitted yesterday morning. The question was
(Ml Uie {manage of the bill.
Mr. DAVlS, of Mississippi. I do not nro|ki*,
Mr. President, at this stage of the bill,
and in the known temper tTij* Senute, to
enter into any argument upon iwOnyrit* or demerits.
Although Uiere is u widc*ficld of facts
not yet explored, it ia not tnv purpose to enter
upon it. I feel that it would Is- useless. More
I tan t tat; 1 should tear to expose myself to nil
exhibition of that restlessness whirl) has on this
question marked the majority of the Hoiinte, and
which I do not w isli to encounter. But I ask
xihv, and among whom, ia the spirit of im{ atieis
e manifested ! Does it proceed from a
desire to provide a government for California ?
No, sir, tiie records ueny that, 'litis ira|Niticnce
is moat exhibited by those who, at the lust
session of Congress, refused, unless with the
slavery restriction, to unite with ua to give the
IwMietiia of a territorial government to California?such
a government as was then adapted
to their condition; nay, more, such a government
a* is best adapted to tlieir condition now.
'I'U ,ir ....... !..> ..I ,.r a..?t .u
.?. ) MHn % HI iwimvoin uir
great |>ur|HWH' of "iving a territorial government
to the p* pie of < aliforuia wm held subordinate
lo tin- ai>|>ia-ati'>n of the Wilroot Ihtiviao to the
Ull. Then, and for that reason, Congress
l.iiled to give the protection to this people
which Ihoj had a right to expect at tfie lunula
of a juat Government, and which the/ had a
right lo dentinal under the treaty of peaee w ith
Mexico.
Now. ?ir, when the neopie inhabiting that
Territory have formed a Constitution, one of the
clauses of w hieh prohibits the introduction of
slaves, thoae who refuaed to give a government
under the circumstances juat named, and an we
luive a right to infer, for the reason stated, are
now found iiioM earnest in pressing upon ua, in
\ iolatioo of ail precedent, the admnmion of tliia
State into the Union. Then are we not compelled
to conclude tliat their policy, hoth tlien aa
now, wtia governed by the aingte desire to exclude
slaveholder* from introducing (hat aperies
of property into any of the recent acquisitions
from Mexico ! la that in accordance with tlie provision
of the Constitution, which wen res equal
privileges and innnunitiea to all the citizens of
the several States of the Union ? la it in accordance
with the principle of cren-luinded justice,
if there luul been no constitutional obligations ?
These acquisitions were made by the |>eople of
tlic whole United States, and we are boon 1 to
reaieuiber that thoae whom this bill pnqiosca to
exclude, contributed more than their fair proportion,
both of blood and treasure, to obtaiu that
territory ? No, sir, the Constitution forbids, justice
condemns the coarse which ia pursued, and
patriotism and reason frown indignantly upon it.
Is it then a mutter of surprise ttiat we, the suffering
jsirtv, have shown resentment and tuade
determined opposition T Is it not rather a matter
of surprise that that indignation which has Ids zed
throughout tire Southern States should hare
been received with such calm indifference by tlie
majority ol' Congress ; tliat Congreaa lias not
only refused to listen, hut lias treated with
scorn the appeal which lias been made f Such,
sir, has been the history of this debate.
uui ii the motive be denied, then I unit, it' not
for tlnr reason I hnvs given, why are Northern
senators pressing with such eagerness tin* adsiis ion
o( California Is it to secure a benefit for
their manufactures or navigation* No, hit. They
know that when the people of California come
in thev will be a people in favor of free trade,
and that their policy nil) lie to invite the ahijo
ping of the world, and secure for themselves the
cheapest transportation. It is not tiien for purposes
of their own interest that tlwy seek her
admission. Is it Ui preserve their politic:!! rights
under the Constitution ? No, sir. Now they are
in the majority, and they need no addition for
such a purpose as that. Then we are forced \o
conclude that it ia for the jmrpose of ap .Tension
upon the people of the South?that it is an exhibition
of that spirit of a dominant part}' which
regards neither the Constitution nor justice! nor
the feelings of fraternity which bind them to us,
hut treads with ruthless and relcntluw step <Wer
all considerations which should govern men.
wise, just, ami patriotic.
And this, is the evidence of that love for the
I'nion which is constantly presented to iim as a
reason why we should abandon the rights, why
we should lie recreant to the known will of oiii
constituents, why we should disregard thedutiei
we were delegated to perforin, und submit tc
ouvu ho 11ituh'ii ikuixnt*iy
borne. But, Mr. President, m this the way U
avoid (lunger from the indignation which lia?
lieeo aroused ; is this the way to avert the dangei
ol disunion, if such danger oxiat ? That indig
nation, and that danger, ao far aa it hai been excited,
in the offspring of injuatice, and tliia in tin
maturing act of u serie* of measures which load
to one end?the total destruction of the eqnalit*
of tike States, and the overthrow of tlie right* ol
the Southern section of the Union. We, sir
of the South, are tlie equal* of the North b)
coin[Nu*t, by inheritance, and the patriotic devot
ion ami sacrifices bj- which the territory froir
which it. is proposed to exclude us was acquired
And when such an outrage excites a manly remonstrance,
instead of bruigiug with it a feeling
of forbearanec and a Hia|>ositiou to nbstain and
retinal. it Is answered by the startling cry of disunion,
disunion ! What constitutes tlie crime
of disunion !
This, sir, isa Union of sovereign States, undei
a compact which delegated certain powers to tin
General Gov eminent and reserved all else to th<
States respectively, or to the people. To the
Union the South is as true now aa in the daj
when our forefathers assisted to establish it
again?t that Union they have never by word 01
deed offered any opposition. They have nevei
claimed from this Federal Government any peculiar
advantage* for themselves. They have
never abranlt from any duty or sacrifice imposed
by it, nor sought to deprive other* of the benefit*
It ?u designed to confer. They have never
spoken of that constitutional Union but in roapectful
language; they have never failed in
ungbt which would secure to posterity the unineumbered
enjoyment of that legacy which our
f itliera left ua.
Thoec w ho endeavor to san and undermine the
Constitution on which that Union rests are dieunionists
iu the most opprohious understanding
of tl?at tenn, such being the crime of disunion
1 ask by whom, andiiow is this spirit of disunion
promoted ? Not by those who maintain the Constitution
from which the Union arose, nnd by ndlierence
to which it lias reached its present grsatnesa;
not tl|Ose who refuse to surrender the
principles which gave birth to the Union, and
which are tiieaoul ofiU existence ; not those
who, claiming the equality to which they were
bor , declare that they w ill resist an odious, une#n
ti'.ulional,and unjust discrimination sirs! >?t
their right*. 'J hi*, mr. in to maintain tlie Union
bv preserving the foundation on which it standi
and if H be addition or trcaaon to raiae voice and
hand against the miner* who am working for its
overthrow, against tioae who arc seeking to
huild upon it* ruinnn new Union which rests not
upon tlie Constitution for authority.hut upon the
dominant will of tlie majority, tlwn inv heart in
lille i with sueli addition and troanou, and tlie
reproach w hich it brings ia eatoeincd an an honor.
Nut, sir, if gentlemen ??h to preserve the conatitiitional
Union, that Union to which I and
4* thoae whom I represent are no ardently attached
1 have to nay the war i* an easy and a* plain hi
the road to market. Voti have hot to akmtnir
from injustice, you have but to occurs to eacli
section and to all nftlzeSS tlie provision* of th?
t conatitution under which the Union wtis foremd
I j'ou haw hut to Isavs is full operation the prinp.
l ipid* which pro ex i*tc i,< r* iUs| and ' ave bldnad^
^ it. Then, air, if any ruililea* hand nhould bj
^to dtntrny the temple of thin ('oufpderscv,
r
^5&igssuBr~9m~''m'm~mmTmmi i?i
with unit d hearts and rv?dy aruia the neop'e nil) .
gatlior around it for it* protection; tlnm, <dr. it I
would be indeed a Union of biethcru, and not |
tliat forced Union which if is sought now to f
establish and maintain by coercing sovereign J
tflutes at the jHiint <tf tlie bayonet, and mine-1
iug the free spirit of the (>ooplc to submission J
i by the terror of rnarvhing arnrte*. By virtue, by
i confidence, by the uiipuroluisable affection ol the ,
|>eopie, by adherence to fundamental principle*,
i and under the direction of the letter of compact j i
and Union, this republic lias grown to its present I <
grandeur, has illustrated the blessings, taught to ! I
mankind, the advantages, of representative liber- I
ty. Asa nation, it is, though yet in the l'resh- I
lie** of youth, among the first Powers of th '
globe, and casts the shadow of its protection i
over its citizens, on whatever sea or shore, and
however far they may wander. When we see 1
a departure in thTPAhninistrution of tlie Government
from the fundamental principles on
which this Union was founded, and by adherence
to which it hns thus prospered, we have reason
to believe the \ irtue and wisdom of our lathers
have departed from the people, or tluvt their
agents are uirjorthy of those whom they represent.
We stand on the verge of an act which is to
form an era in tlie history of our country. Now,
for the first time, we are about permanently to destroy
the balance of power between the sections
of the Union, by securing a majority to one in
both Mouses of Cougress ; this, too, when sectional
spirit is rife over the laud, and when those
who are to luive the control in both houses of
Congress will also have the Executive power in
their liands, and by unmistakable indications
have shown a disposition to disregard that constitution
which made us equals in rights, privileges,
and immunities. \Vhou that harrier for
the protection of the minority is about to be obliterated,
I feel we have reached the point at
which the decline of our Uccomment has commenced,
the point at which the .' at icstraints
which have preserved it, the bonds which have
held it together, are to be broken by a ruthless 1
majority, when the next step may lead us to the
point at which aggression will assume such a
form as will require the minority to rise in forcible
resistance.
a
nuiii art- tnc iiiuiueiiiuoiih consequences
which is foreseen as possibly flowing from this
event; nor arc these forebodings, in any degree
reduced, or these injuries at all tempered by the
spirit in which it is done. They are rather aggravated
by the concurrent declarations which
are made ; the scoffing superiority assumed towards
those who are your equals in every constitutional
sense ; the foretaste which has been
given us of the arrogance of political supremacy.
It is this which has served to create, and which
lias fully justified the extreme opposition exhibited
by Southern Senators. I was prepared to
go to any possible limit in opposition to tliis
measure, because I felt and feel that the fate of
my country might depend upon it, and therefore,
as u |?triot, as one devoted to the Union, here
aa readily as elsewhere, I was and am ready to
sacralke myself in such a cause. It is not therefore,
for want of will, but for the want of power,
that I huve not olfered further opposition than I
have.
In that temper to which I have alluded, as
manifested on this occasion, we are forewarned
of the fate of the minority when the South becomes
such permanently in both Houses of
Congress. In that spirit of aggression and
reckless disregard of the rights of the minority
when the power is possessed to execute its i
will; I believe we may see, like the handwriting
oil the wall, the downfall of this Confederacy.
The occasion. thenfTorc, to my mind, is one i
which mar well justify all the feeling which 1ms i
been exhibited, and claims of the patriot what- I
ever sacrifice may lie demanded. For myself, <
actuated by such motives, and controlled by i
such opinions, 1 required nothing to prompt, i
nothing to justify, nothing to direct me to the
i>|>p<>sitioii I luive made. Bat, if I had needed
Ianjr or all of these they were at hand in the expo'swimm
of popular will, hv primary meetings
a?td Wuisbflhac action. Tb?\#gisl?laa? of m
8iatc haw Instructed me to resist this bill for
the admission of California, under the circum- 1
stanc* of the case, by all proper and honorable 1
means. The s.imc Legislature made an uppro- 1
priation of money to enable the Governor to 1
offer proper resistance to The Wilmot Proviso,
if it should be passed bv Congress and approved
by the President. And in this bill, as it is pro- j
posed, 1 see nothing in any essential degree differing
from the Wilmot IVoviso. \Vn^t nut-V
ten it to mc whether Congress has dcidar^lT
that within certain limits of the old territory of
California alavery shall lie prohibited, or whether j
i Congress shall give validity to an act of an !
unauthorized people within that territory, and
thus exclude uh from it ? If there be anv dif-L
i free nee, it would lie in favor of the action
i Congress: because the injustice mid oppreqpn'
r a ouId lie tlie same?certainly no greater?udtL?
out Iwvinir added thereto the out raw of a Arn. I
i lutimuiry seizure of public domain, und<Stho
r expectation of finding favor by d?f.lariiig l^flRity
against tlir extension of the limit* of aU^^wo
perty. it would be the fraud or u*ur]wtiouT^m
! agent, by wbkli we would lie deprive*! instead
1 oi the seizure of another subsequently snsiaiietfc
' sin! justified by the agent,
r Hut the effect of an net of Congress would
, be less permanent; it might l?e repealed, and
' might more probably tfian the provision of a
State (Constitution, Is* reversed by the decision
I of the inhabitant* of the territory. It can bring
. no soothing to me to way the act i* that of the ,
people. Tiiere waa no organized permanent ,
\ body of penmna, such a* constitute a people.
1 Those who acted but registered the sell Known |
will of the majority of Congress on the subject
> of slave property, and if their unauthorized sets '
are appro Tea, brealii.-d into life by this govern- (
' cnent, it will be because the\ have served it* pur- ]
> pose in excluding the Houtfi from equal partici- ,
t pation in the territory. ,
1 There is a great difference between the organ- '
ized inhabitant* of a territory, a |H.liti< :?l com- 1
i munitv authorized by legislative action. and the '
naaemWge., however large and respectable, of an j
unorganized inaaa of adventurer*. Tlie former ,
could not, without the eminent of the United ,
State*, ervet a State out of the territory of
which they wen- the people, and, unauthorized, <
aasume te themaelv** sovereign power over it.
But if thia be doubtful, It cannot lie claimed I
that, without any such organization. without any
evidenrc na to numhera or qualification*. an unorganized
hand of adventurers can net at nought
tlie sovereignty of the United State*, convert
the public domain to their ou n use, and claim
therefrom the right to he Admitted na a State
into the Union ; that gold hunters or fur traders,
' fishermen or trapper*, may ruah on to newly acquired
domain, and for purpose* general or ape*
! ci;il, temporary or permnaent, appropriate the
territory whirfi belongs to the United State* to
I their own exclusive benefit, or to that of a par
tieular section, with an insulting discrimination
aguiiiat one-half of the |ieopie of the f'onfod nicy
to whom the territory belong*.
Hut the caae preuented to ua i* even worse
than this. The people thus found a* sojourners
or adventurer* on Uie territory* were not
themselves the prime mover* in this matter.
They were prompted to it. It is a fact, air,
which luia come to my knowledge, that tlie milh
tary governor who Hucceeded after the peace of
Querotaro sent out incMsengcra to uncertain j
| w newer me people 01 * -aniorni.i ocsireo 10 nave
I a civil inatnad of the painting military government
; and tluit he received aueh an answer aa
caused him to refnae to inane the proclamation
previoualy prepnred. That the proclaniation remained
until tna Hucceaaor, who iaaued it, oamc
Into power, when, with a few addition** and alight
I modification*, it waa #ont forth, There had
, been no material change in the attite of the
i country. It ia true there waa an additional ini
flu* of population, and an additional renaon to
i auppottc that a Territorial government would
i not lie provid-d tor tliein, hot the population
; waa aa unstable, aa before, and nt?t moe.lt Setter, (
prejaued to anpport n 8t<te government. Under \ ,
E theae rlrruDiaUnce**, thm Governor *?n? oat l.i-*
i nroelainatinn, calling on the people to meet and i
hold a convention to fbrrn n vnnatitution for' i
- - LJL. - L~ U . -L
their on m |u?initt?ul. The Uot nuImw i
ttie |*vrUaa(li>ii eipr?iii J ibv bupt thai
Mould be ane|HaUe U? tl>e psopk- The |?*p
iUwlf bora Interim! *\ i4*tn? liat it ? u Ml t
action of til* people, but tin* prompting kit
gestioa of a military jj?mri?or, i tauuiiqf to
enitt eivil authority over litem.
I NV th# ranc U n wrne than if the tranaie
inhabitants should, at llioir own volition, rlai
to Mruttrli |be territory from ilie I'oiled Kta
and appropriate it to thi-une-lvc*. It was i>
digiiifu-diby the impress of popular piiipniw.
the consequence* which :ne likely to result fro
this movement were not ho grave, we niton
look upon nil the action whichoccurred an ten
to the assembling of that convention, tiio ui uni
in which tile electioiia were conducted, nod
which the ratification of the conetitutioii wi
expressed, n* a faree. In that scries of lettei
thought to !>e worthy of beiugincnrponitod inl
a hook, written by Bayard Taylor, we are ii
formed tliat while travelling in one diatrict ju
boibre the election, lie came near being aei/.t
on and elected to the convention tudent rolrnnlike
Teague O'Regmn, the hem of inodei
chivalry. Tint which wan intended an a satii
on our popular elections might here have bc?
verified.
I do not propose to detain the Senate by ei
tering into evidence of tliat kind. These an
graver facta are abundant, but 1 know it ia u*
less to produce them. My purpose now, M
President, ia to make a serious appeal to tt
Senate against the act wliieh tliere is but litt!
doubt they are about to perform. In the nam
of equality, of constitutional ri^ht, of peace, i
fraternity, I call upon the majority to abstain.I
utter no menace, I foretell no violence ; iiov
as heretofore, I refuse to contemplate or spea
of disunion as a remedy. But, sir, * in sorro'
rather than anger," I solemnly warn the majo
ity that they do not look to the South us a fiel
on which victories are to be won without cos
and whore the emoluments of eonquest are to fc
obt lined without sacrifice. We, sir, ate the d<
sceudants of those who united with the men*
the North in the revolutionary struggle upo
what was to them an abstract principle ; we ai
the descendants of those who cast behind tliei
considerations of safety and interest?who loot
ed danger in the face, and united with your f;
titers because they were oppressed. 'f'hen, si
unless it is believed that we are degenerate hoi
of our glorious sires, in that faet should 1
fouud a warning against presuming too 11
upon the loyalty which, by the sons as by the
sires, has been exhibited to the Union. TImi
loyalty is to the Union as established by t!
Constitution. Sir, they are not bound to tli
mere form that holds the States together. It
know their character, and have read their histoi
with understanding, they would reject itas wortl
leas weed whenever the animating spirit of tli
Constitution shall have passed from the body.
Than, Senators, countrvuien, brethren?b
these, and by other appellations, if there I
others more endearing and impressive tha
these, I call upon you to pause in the cours
which, pressed bv an intemperate zeal, you nr
pursuing, and warn you, lest blinded by the I infer
sectional dominion, you plunge into an abya
in which will lie buried forever the gloriou
memories of the past, the equally glorious hope
of the future, and the present iinmcasurabl
happiness of our common country. It is not a
one who threatens, nor as one who prepares fo
collision with his enemies, but as one who has;
right to invoke your fraternal feeling, and t<
guard you against an error which will cquall)
bear on us both ; as one who. having share*
your hope* and your happiness, and who ii
?bout to share your misfortunes, if misfortune*
dmll befall us; it is as an American citizen tha
i spea k to an American Senate?it is in tliii
diameter that I have ventured to warn you
it is with this feeling that I make my last sol
smn appeal.
REMARKS OF Mr CLEMENS
ON THE CALIFORNIA BILL.
In Suwi, T*'?*? *, .tiugvtt it, mm
Mr. CLEMENS. 1 luuatasVafcwminuteaoftl
lime of the Senate tp express my opinions on th
lubject now under consideration. 1 know, sir, thr
ihis Will is to |miss; I know that any thing I ca
nay here will have no effect to prevent its passag*
siuf, under these considerations, 1 had determine
to content myself with giving a silent vote again:
it. Some of my friends, however, have this morn
iug suggested that a few remarks from mc migf
not be altogether out of place.
, In olredience io their wishes, I propose to slat*
Bather in the fbrm of a protest than a speech, th
reasons why I object to the passage of this bil
Those reasons have been heretofore stated an
arguedpfcit length by myself anil others. I slia
do lunn^rrnore to-day than recapitulate the mai
pojb, reMto||ug for another lime and anothe
Mst re, nay wssgafrmed discussion of topic
Vhicli canmoi now heather wise than wearisom
I object to the ptfMge "tthe bill because ther
has been no census lakeiNkif the inhabitant!
either liv FmIMI nr 'vL.rr.mAw I.... 1 .l; c,_.
j - - ? ? ? ?i inn , ami HUH oei
ate has no evidence Atnt at /'te formation of th
constitution litre waa'k^uAiher ol* free inhabit
ante Within fft limits 'alifornia sufficient t
entitle Iter to Wne rcpreta-niative, much leas twt
1 object to it bernuse/io Territorial governmer
wa*4ver establisjpl^ni California by law. I ot
HgfVo it buffer there waa no law of Cottgres
f.A^^oundanes, and no law authorising th
mrmtuton of a conatitution and State ^overnmem
Above all, I object to it becaniA; it in the offisprin
of Executive iiaurpation. The convention wa
railed together, organized, and completed ita ai
tinga under military auspices. That clauae of th
conatitution which prohibits slavery waa notor
oualv adopted expressly to exclude one-half <
the States of this Union from an equal partiripi
lion in the fruits of a war in which Southern an
Northern blood was freely mingled, and Souther
and Northern treasure waa lavishly expended.
These objections are not now stated for the firt
time. I urged them long ago. And in all thedt
bate which haa followed, I must be permitted t
?ay, they have not been answered. On the cor
trary, tney have l>een admitted. The force c
them, however, is sought to l>e evndetLby the ai
serlion, that, although many irregularities hav
unquestionably attended the application of Cal
rbrnin fbr admission as a State, yet these irregi
larities may be, and ought to be overlooked i
consideration of the extraordinary rircumstanct
of the case. That Congress having fhiled to pri
vide a government for California, it was the rigl
of the people to establish one for themselvei
which ws are now bound to recognize. This a
gumsnf would nof be a'logetlirr without force
California and the majority in Congress were tl
only parties in interest. If the rights of no or
else were affected, the majority might alor
for a former wrong by dispensing with the usui
guards snfl securities. Such, however, it not if
case. There are, unfortunately, two interetta in th
Government?a Northern and a Southern interea
It becomes nee.eaaary, therefore, to know whir
one of theae interest* perpetrated the first wron|
and which ia to be benefited by that now propose*
If it be true that both aeetione are equally i
blame for refitting to give a territorial governmei
to California, or if it be true that the Southei
States alone are guilty, then, air, we would hat
no right to complain if that wrong should I
urged aa an argument against us now. The r
eord, however, shows thai such was not the caa
In addition to that record, if more were neede<
we hare the published declarations of the sennit
from New >ork,(Mr. Sawsan) that he himar
was mainly instrumental in causing the defeat i
the territorial bill. The Northern interest denit
a government to California, and now, when the
are to be benefited by the admission of Califonii
thia outrage ia eonveried into an argument, ar
we are gravely asked to assent to the doctrine th
two wrongs mnkf a right.
Thefsilore to give California a government wt
no ffcult of ours. Upon what principle, then,
the North to he rrwardfd for a sin she did commi
snd the South ntiniaheil for it%. ....i
r - ? l"7 " a"un'
to prevent it* rommiaamn' Sir, I feel bound I
My that Loyola never had more mgenioua or moi
unarrupuloua diaciplea than those who renaon a
ter this faahion. A wrong waadone to Californ
and to ua, 111 refusing a Territorial governmen
Now another wrong i? to )>e heaped upon ua b
cauae of the firat. The alory of the acapegna
to which wa liatmed not long aince, haa found i
i>rototy|ie in the hialory of the Southern peopl
Wa hate !>een dragged to the verge of a preeipir
tnd are a Unit ta beJoirled down backwarda f<
ihe aina of othera, not our own.
It ta neceaMry that I ehould refer here. Mr. Pr
idem, to a few remarks \* Iji h were uinde by tl
lenator from Mr I.tjan ye?vrtlay, and I regri
!3?aewwaL_.j-i-ija.^gj-a,m-i.-j..1. - . JW JL.
of that lbs honorable senator is not now in his seat;
ll but as this is the only opportunity w^iph 1 shall
N have of adverting to those remark* in connexion
l(0 with this bill, he must pardon ine for disregarding
the usual courtesy extended to absent senators.
* He h>ld us yesterday that the people of California
I had a right to establish a government, with or
without our consent; that we having failed to esu(
tablit.h n gu%rtuueiit fbr them, they had an inheiii
rent nght to establish one for themselves. This,
r# | sir, is not the d tcirine which 1 learned from a
?t of *{>corh that senator, delivered u few years ago.
II { I propose to read whut were his sentiments in 1647.
' I read from his sjieech on wliut is called the three
. . million bill :
'But no terniory hereafter to be acquired canDf
govtrntd without an act of Congress providing for
t'r the organization of its government."
in Now, sir, this is precisely my doctrine, and the
sa doctrine of the South. We believe that an act of
a, Congress is indispensable to the government of
Lo any territory, and when we find that no such act
|( has |iassed in relation to California, we can recoguize
no government established by those who may"
. happen to be upon her soil as legitimate.
Again the senator says :
"That is the very first step in its progress, in
the new career opened to it. Till tlun no legitire
mate authoriiy ran be exercised over it."
in Again, sir, I agree with the senator, and 1 am
luvppy to be able to quote his high authority
a. against the new dsrtrine of sauaiter sovereignty
|(j which is beginning to pervade the land. The
^ right of a few individuals to seize upon the public
domain, and erect themselves into u sovereignty,
r- is something wlikh, in my judgment, cannot be
too strongly reprobated. lr 1 had no other reason
le for opposing the admission of California, this
id alone would be sufficient, and I might appeal to
jf the senator from Michigan to go with me in that
_ opposition, if he still adheres to the opinions I have
r quoted.
' Mr. President, other senators have spoken of
'* ike probable action of the Stai a they represent
* upon the pannage of thin bill. 1 do not know
what Alalauiia may do. That her action will be
tl characterized by wisdom and Armness I have not
t, the least doubt. I am not here to indicate to her
to what she ought to do. I am the servant, not the
j. leader of her people. Whatever they do, I shall
,f do in deapite of Executive menaces, and of all the
n bloody pictures other hands may exhibit to our
^ view. Born upon the soil of tne State while it
0 was yet a Territory, we liave grown up together.
11 Time after time she has committed her honor and
'* her interests to toy hands. Again and agnin she
a- has trusted and promoted me, and 1 recognize no
r, allegiance to any power higher than that I owe to
is her. Whenever she commands I will obey. If
,e she determines to resist this luw by force, by
ir secession, by any means, I am at her service in
whatever capacity she desires to employ me. If
this be treason, 1 am a traitor?h traitor who glories
iu the name. i
ie 1 know, sir, that the President, in his late letter
IP to the Governor of Texas, has assumed the right
1 of the Government to coerce a sovereign Stale. I i
y deny that there i? any thing in the Constitution? j
I any thing in the laws, to justify such an assuinp[t.
tion. The law is plain and clear?individuals, not I
States, are the subjects of coercion. If any Slate ,
should secede, let him, if he dares, attempt to era
ploy military force to compel her return. He will 1
^ soon find, in that event, that he has more than one I
n State to deal with, and that the powers and re- j
e sources of this Government are wholly inadequate
e to the task he has undertaken. The federal doc- 1
it ' trine that all power lodges here has been some- t
a what widely repudiated, and the denial of Stat#
3 sovereignty, cither North or Soulh, can bring to
the Executive nothing but contempt. t
8 I hold that my Arst allegiance is due to my State, j
e and that treason cannot be committed against any
8 power while obeying her mandates. Such opinr
ions have recently been unsparingly denounced, t
a but 1ft me warn those who resort to such weapons,
j that tlicy may be used by more than one sidp.
j There are more traitors than traitors to the Union, j
] Sir, 1 impugn no man's motives who lets mine
s alone. 1 question the purity of no man's conduct
who does not provoke retaliation by assailing oth- (
* era ; but when men intimate that obedience to thi ! a
* mandates of iny State is treason, they must expect
s to hear in return that, iu my opinion, there are
; those in this land, and about this capitol, who
- would sell their souls to Satan for the privilege of
having a hand in President making, Cabinet mak- i
ing, and the consequent distribution of the public
offices. There are those who would aeil their Saviour,
were he again upon earth, tor half the price
dial Judas accepted to betray him. Denuncia- 1
jjona) air, ara weapons that two can u?*. and if 1
Hoy one expects to employ thaw against me with <
>e Impunity, he miscalculates sad? the character of] I
e the man he assail#. I
it I have said all I think it necessary to my. I did
n not mean to argue the bill here. 1 shall, if necessai
y, argue it at home.
d y'
it Pnoaar.si or Free-soii. Sentimkkt.?The Hon '
i- R. M. T. Hunter, in his recent able speech in the 1
it United States Senate, depicts, in a striking; light,
the advances *krh have been made by the ab<>- |
>, lition sentiment during the last thirty years. A <
s most forcible illustration of this truth is furnished
I. in the history of the Missouri Compromise. In j
d 1821, when the peace of the country was not less j
11 seriously threatened by this slavery agitation,
n tIvan it is now, the Missouri Compromise Was ten- 1
r dered to the South, and became a law over the (
s heads of the Southern representatives. It was '
e acquiaced in, however, by the South, as an ex- <
treme concession for the sake of the Union. Toe
day, the South offers to settle our differences on
i, the principle of the concessions then made, and
i- those who nd\oeated it are denounced as ultra*. <
e The North was then ready to hang us if we did >
t- not accept the Missouri Compromise; now it is
o ready to hang us if we demand it. To-day we
>. are denounced for not accepting Clay's Comit
promise, which deprives us of sull greater rights,
i- and if we accept it, in ten years we shall be equalis
ly denounced if we insist even on its feeble guare
an tees.
t. But the history even of this session of Cong
gress, is not without proof on this point. At an
13 early day of the session, Mr. Clay introduced in
t- the Senate a series of resolutious, which were ine
tended as a basis of compromise for our troubles,
i- Those resolutions met with almost universal de>f
nunciation at the South, and even the warmest
i- admirers of that senator dared not utter one word
d inapprovalof them. Mr. Clay himself was unit
hesitatingly denounced as a traitor to the South,
and his former mouth-piece did not venture evens
it vindication of liiin.
- Well, what were those resolutions! One was
o to abolish the slave trade in the District of ColumI
bia, and prohibiting a deposits of slaves therein
if fbr purpotet of tale. Another was to admit Califor- 1
i- nin with ruittihle boundaries. Another waa to form |
e Territorial Govemmenta for Utah and New Mexi- ,
i- co, and another was to enact a law for the more
t- effectual recovery of Atgitive alavea. Later in '
n the session the committee of thirteen introduced a ]
a compromise, which la now known aa the Clay
>- Compromise, and, as we ahall see, very properly
it so called. This Compromise embraces several fea- I
i, turea, which are^lst, the abolition of the slave (
r- trade in the District, prohibiting a? deposit of
if slaves therein for purposes of sale, and also, pro- '
le kibitinf their deposit there f&r tranepottaiien; ii a, to ,
ie admit Cabfbrnia with hn pre lent bound res; 3d, to
te provide Territoiiil Governments for Utah and I
si New Mexico, and 4th, to provide more effectually i
ie for the recovery of fugitive slaves. How has this
is Compromise been received at the South? We
t. venture the nssertion, that not one of the papers
:h in this Stale which now cordially embraces this
?, bill, (perhaps the Augusta Chronicle A Sentinel
1. excepted) said one word in commendation of it, j
to in the first issue after it was known what that j
it Compromise was. It met with the unqualified
n execration of some, and the ftivor of not one pub- j
re lie journal in Georgia. Now, on the contrary, ,
>e we find at least four influential presses in this
e- State, boldly advocating its adoption. Let it lie
e. remembereo that this Compromise differs but little <
i, from Mr. Clay's resolutions, and every one of
ir those differences is agninat the South, and that
If while no one in this latitude endorsed the latter,
of many are clamorously in favor of the former, and
->| HMinr Kirn may do tnrmPU or tne teartul progress
y which abolition sentiment in making even at the
a, South.?Co/itmbu* (Ga.) Smtinfl.
id ?
at Intkrc-si-rik Stiser.mir.d.?Our readers will remember
that ia consequence of what the General i
\? Assainbly considered tin unwarrantable interfer- | 1
is ence (in jthe part of the General Association of i
t, Mmv?t|*lTu"?>lta with our opinions and course of acig
lion, as a church, in relation to domestic slavery,
to the following resolution was paused by the As- 1
re sembly:
f- Rnolrtd, That our delegate to the next general
ia Association of Massachusetts, be directed to int.
form that venerable body, that this General As- i
e- sembly must consider itself the best judge of tlie , (
t, action which it is necessary to take as to all sub- j
ts jecis within its jurisdiction, and that any inter
e. ference on the |>art of thnt General Association, i
e, with its action upon any subjects upon whitjh
>r this General Assembly has taken order, ia offensive,
and must lead to an interruption of the core
respondenre which subsists between the Associate
lion and this Assembly.
M At the late meeting of that Association, the ac
tion of the Assembly was reported by their dele- dt
gate, Rav. Mr. McCluie. A Committee witsraised tv
and a report presented on the subject, which R1
culled forth much discussion. After amendment M
tike report wtu> adopted ; the closing resolutions of ,
which are an follows : '
Resolved, That while we receive this resolution !'
with surprise and regret, being unwilling to suapend
the friendly correspondence that has so long
existed between us, and being in doubt whether n<
the action of the General Assembly was designed dt
to do this, we wait to be informed of their meaning,
and when the usual degradation is sent to us, vv
it shall be kindly received and cheerfully recipro- p
cated.
4. Resolved, That this action of our body be ^
communicated by our Secretary, to the Modera ' ,
tor of the General Assembly, to meet in St. Louis
ill 1851.
Thus it will be seen that both these bodies hav- M
ing declined to appoint delegates, and the Association
having resolved to wail fbr explanations,
the intercourse between them is suspended. The
probability is, that it will remain so ; at least so 01
long uh the Association retain their present diapo- rc
sition?that of taking upon themselves the guardianship
of oilier people's business.?Southern
Presbyterian.
?*? ????????0?
THE_SOUTH&ftN PRESS.
WASHINGTON CITY. H
FRIDAY, AUGUST 16. 18 5 0. w
letter from Col. Maxcv Gkegg of ?ki
South Carolina to Gen. Foote, will be found
* 0
iu our columns to-day. A reply from Colonel ^
Chf.snut lias also be cu received, und shall appeur
to-morrow.
We leave these gentlemen to speak for them- ^
selves, which it will be seen, they arc very
capable of doing effectually. p.
Moral Condition of Blacks. w<
One of the principal charges against Slavery
mndc in the North by women in pants, n;id men ?'
in petticoats, is that it violates the inarriurro re- n.1
m
lation and establishes promiscuous intercourse. ca
Well, we saw recently in a Northern Aholi- C<
tion jui[)or, a letter froiu William Wei.ls p'
Brown, a fugitive slave, who lias become an tll;
agent of the Massachusetts Anti-Slavery So- 8|,
ciety. lib
The standing of this man was called in ques- de
tion on account of his deserting his wife?and v"
. u <
the letter was his defence. He said that
soon after his escape, he married, we think,
in Rochester, New York, we suppose among nil
the upjier crust people of color. He ^
skates that soon alter his marriage he discovered
that his wife's mother lived with a man called bo
aer second husband, whilst her first was still wl
iving?that her sister had one or two ehildren
. 110
without being married at all, and that her bro- j)r;
;l?er was in the New York Penitentiary?and t iu
hat his wife soon began an intrigue with anoher
man, which he attempted to break off, but
n vain?and separated from her. j|1(
Mr. William Wells Brown could have fared T<
io worse titan this in the most immoral family toi
>f slaves in the South?while in the great ma- .
ority of them he might have done much better. ^
Iu ^Ia\ti, however, the negroes have their th<
nvu way, and we commend the following to the tiu
attention of modern philanthropy:
MORALS IN HAYTI.
an
The New York Journal of Commerce, savs : u,,
u In the official part of a late number of the an
Moniteur Maytien' is a document giving the th<
lumber ftf births, deaths, marriages, and di< nu
forces, during the firwt quarter of the present tat
rear, in the following named towns: In the Prn&*"
if Ac West, Port au Prince, Jacme!, Croix
k? Bouquet*, and Arcahart; bt the Province of T
'Ik South, Miragou e, Petit-Trou, and Torbeck;
in the Province of the Worth, Cape Haytien, Port
Liberie, L'Acul du Nord, Limbo, Plains nee, !
Ican-Rubcl, Port Margot, Limonade, and Plaiue 1
iu Nord. In these towns the whole number of J
:hildren born in these months was 1.863, of tj,t
whom 1,700 were born out of wedlock, and only ]
163 were legitimate. Such a monstrous dis- ael
proportion between these two classes of chil- to
iiyn exists in no other country, we venture to
civ,"bri the face of the earth where the marriage r.e^
institution is recognized. In the wmc towns "J*
,he dcntlm in that period were 106,65 marriages, ]-s*
ind 1 divorce. In Port an Prince alone, the << t
capital of the Empire, there were 413 children for
born, and only 20 of them in marriage; 77 ??<
tenths, and 20 marriages.'' niii
. bio
g-ff' The Intelligencer, nftor having heen in S)>(
eclipse during the Administration of tieneral roi
Taylor, shines ont nguin under the new one, ^
Now is the winter of its disirontent,
Made glorious summer by tins xom of York. >*n
Under Taylor the Republic, took the lead as j; *
argiin. The Intelligencer saw the Whig' party bri
was divided, and did not know which wing would
prevail. It therefore kept dark on the questions pn
in dispute?was silent about the President's plan 1,0
ind Mr. Clay's plan. j1R
Rut (ieneral Taylor died, Mr. Fillmore succeeded,
began to uhcIus influence in favor of the 8,1
Omnibus?and the gallant editor of the Intrl'i- tio
fencer stept into that vehicle with great sagaci- by
ty?.just aa it broke down ! The Intelligencer
crawled out from the fragments, rubbed its to
nhinn, scratched its head, and teoileJ. But as a
wt
soon as the Setuite commenced its present ca- jnj
reer of outrage by passing the Texas, snd Cali- anr
Fontin bills, the Intelligencer is itself again. The ^
long devotion to ultra Northern politics?to tin
Federal usurpation, and its hatred of the South ''jf
For a resistance to these, heretofore more or less ter
mccmnful, breaks onL The Intelligencer was sis
die lit and sad, whilst there was a chance of de- i
Feating the scheme of Southern spoliation, nut hoi
when the prospect of preventing it in Congrrt* *'
grows dim, when the Executive draw* the r
sword?when Texa* i* in am when (tuorgia mi
i* in commotion, when Alabama, Mississippi and *
_, ,, , ' tni
Florida, are moving u like a deep *ea wave, Ve
when South Carolina stand* " with forw ard step '*
and fiery look," then the Intelligencer like
'The joyona wolf from covert drew ." thi
W(
The pro*|>cc1 that Southern right* and South- wj
ern men will perish, and that the stench of ful- tin
len and decaying liberty will pollute the jx?liti- tM
cal atmoaplirre, prompt* the Intelligencer to le<
plume itp wings. and soar like that bird of prey
tluit seeks the deep blue sky, only w hen the nf
taint of carnage and carrion awoe|?* along tlie ah
nir. ne
UT The \nc Yitrk 'IVtbune thus rejoices over
the recent action of Congrrsa. Its approval of f?
those proceeding* nlbinls the host proof of the I
i.nru..liu.. .....I. ?k.I "
Although different portiee inny oppone tlio
?:ime meimure through very different motive*, |?
yet nnnent to the name proportion* moat be *"
bused <m an identity of *ontim?ut nod feeling. ^
The ndviee to the JIouw in identically the * ?me ev
us that tendered by the RejniMir ; both rotnmel
the majority to " iil m/T the California meaaurr yj
againnt nil plana of parliamentary fnt*t ration: *1
w It in nomething to rejoiee over (aaya the ^
Triktirv) in theeo day* of faction* obetrm- J'
tinn and fruitle** legislation, thnt the Bdl lrv
providing for the Admi*?ion of Cnlifornia into (,?
tl?e Union yentordny p?W(l tip- Senate by the
ciaivc vote of 34 V,-M |u 18 Nay*?almost!
ro to one. Thft warning* of Mr. Jeff IVt?i*
id the contingent threatening* of Mr. ('kiwi* I
irved to noaipoiic but not to pre* cut thk
itunph. The House will of course take up
lis bill when it neit guca into Committee <>t> j
ie subject, and we trust it will meantime have
> umended its Rules that a small minority can
) longer stop Uie wheels of legislation. That
>ne, two ennsfcutive night-sittings ought to I
e the bill througli to 1'rcsiJeiit Kill
liere it will not long be detained. Friends of 1
idiforniu in the House! \uu arc disgraced lie- 1
>nd explanation or oblivion if you consent to
Ijourn before Cniifornia is a HUle iu tlie
nion."
[eating of the Southern Member* of the
Houseof Representatives.
At length we have to congratulate the Mouth
1 tlie attainment of greater uuity among her
prcsentatives than has yet beeu known.
At u meeting held a few evenings since, the
llovi ing members were uppointcd a Committee
I Resolutions:
Robekt Toombs, otKJeorgia, Cluiiruuni.
Messrs. A. Burt, of South Carolina; II. W.
illiard, Alabama; Jacob Thompson, Mississippi;
Currington Cabell, Florida; Voliiey E. llowd,
Texas; Hubert W. Johnson, Arkansas;
oac E. Morse, Louisiana ; J. 8. Greene, Minim
; J. A. Seddon, Virginia; T. L Clingmsii,
orth Carolina ; James II. Thomas, Tennessee;
S. Morehead, Kentucky ; John VV. Houston,
elaware ; R. I. Bowie, Maryland.
We understand that the deliberations of tlie
ommittee resulted in almost entire unanimity,
id oeeordingly? ^ %
Mr. Toombs, Chairman of tho Committee of 1
fteen, reported the following resolutions, wliieh
ere adopted:
1. Resolved, Tliat no citizen shall be deprived
his life, liberty or property,except by the judgent
of his peers, and the laws 01 the land, and 1
at the common law, as it existed in the Ameri- I
II Colonies 011 the 4th of July, 1776, and the j
.institution and laws of the United States ap- ,
icable to our territories, sliall be the fundmnen- (
I law of said territory.
'J. Resolved, That in the event that the non- 1
iveholding States object thus to put the life, 1
>erty, and property of American citizens un- 1
r American laws, we will insist upon a di- I
lion of the country on the line of 36. 30, with j
i.......??,i ..e
slaves.
3. Resolved, That we will not vote for the scission
of California unless the Southern l>owiry
be restricted to the parallel of 36. 30 north
itude.
4. Resolved, That we will not agree to any
undary between Texas and New Mexico,
lieh proposes to cede to New Mexico any por>n
of territory south of the |>arallel of 36. 30
rtli latitude and west of the Rio Grande,
ior to the adjustment of the territorial quests.
5. Resolved, That the representatives of the
ivcholding States will resist by all usual Icgisive
and constitutional means, the admission of
3 State of Californi a and the adjustment of the
>xas boundary, until a settlement of the teiririal
questions.
6. Resolved, That the true boundary of Texas
that defined by the act of the Texas Congress
December 19th, 1836 ; and it is the duty of
e South to maintain the same, unless u satis tory
adjustment of it is had by the assent of
a State of Texas.
7. Be it further Resolved, That the powers
d duties of the Committee of fifteen be cor\med
until the further action of the meeting,
d that the Chairman of that Committee, by
e concurrence of any three member* thereof,
ly at any time call a meeting of the reprwmw
iivee of the slavcholding States.
tkt fimbri a Pass*.
i the Hon. H. S. Foote, U. S. Senate.
Colcmbia, S. C., August 12, 1850.
Sis: I beg leave to call your attention to a few
le perversion* of truth, used by you lately to
part facetiouaness to the remarks, with wluch,
your capacity of bully, buffoon, and Lure to
Senate, you were pleased to honor me.
[ have been waiting to see your report of yourf
in the Union; but not having been able as yet
obtain it, I am obliged to refer to other papers,
fou attributed to me the solemn declarations (1
er for convenience to a sort of summing up in
i report of one of your innumerable and intolera- p
speeches, made on the 3d of August, and pub- t
ted in the Southern Press and other papers)
hat if Congress shall undertake to admit Calinia
into the Union at all, South Carolina will
eie from the Uaion?and seize upon Califori?upon
the mOulh ol the Mississippi?and
icknde the Weatern States."
I made no such declarat ions. The report of my
tech at Camden, which served you for a text,
dtained no such declarations. And you, of
urse, knew perfectly well that you were perrting
the truth.
The report of my speech was prepared wilhi ut
nsulling me by the Secretary of the meeting at
imden, wiui never seen by me until after its puliation,
(which was unexpected to me,) and being
ief, has encouraged you to use your petty arces
of distortion. Hut the report in its actual
ile is sufficient to convict you of disingenuous
notices, as was rendered evident by the correcn
made by a senator from Missouri, of a misitement
into which, trusting to your version, he
d inadvertently fallen.
What I did say on these points was, in subnce;
this :?
That if California, with its pretender! constitun
and usurped boundaries, should be admitted
Congress as a State, or should be left in its
psent condition, excluding the South from all
are of the territory, the slaveholdingStntra ought
secede from the present Confederacy, and form
Southern confederacy. That if forced into a
ir by the injustice of the North, the slaveholdj
States might rely on sure elements of success,
longst which would be the power, by closing
* Mississippi against the commerce of the northistern
States, to bring that section to terms ; and
it the injustice practised by the non-slav?^ioldr
States, in attempting to exclude the South from
share of California, and to rob Texas of ita
ritory, would justify the confederacy of the
iveholding Stales in taking possession by force
the whole, or of any part of California.
The.Northern man wrio denounces this as trean,
I would meet simply with defiance. The
rvile Southern sycophant who raises the cry,
ovokea inexpressible scorn.
By way of apology for undertaking to arraign
; before the Senate, you asserted (according to
report which I find in the Baltimore Clipper,)
it it seemed to be rendered necessary by the
ry particular mention I had made of you. This
not merely n perversion, like the statements al- <
led to above, but a fabrication of your fancy, j
did not say a word about you in my sj?eecf, (
at I rememlier. At all events, there is not a
>rd about you in the report of it. But, perhnni, 1
th the instinct of Scruo, in the play, you fell J
it if I had spoken of you, it must have been in (
ms of contempt. y
Permit me now, sir, as you are in the habit of
tturing senators and citizens, in or out of place, 1
ut I must retract a part of the expression?I do i
t believe that you have ever had sufficient sense |
decency to do it in pUtcr,) to offer yon a very
ort lecture for the amendment of your mini- '
re. 1
To pervert the language of others into a sense c
t intended by them, is not regarded hs reprehen- ,
>le in a clown at a circus, or a jester over a
nvivial bottle. But it ia not very becoming to '
e tin* trick for effect on the floor of the Senate, '
en in theae daya of aenatorial decline, when ?
rub maybe a aenator. I have pointed outyour
rveraiona of the language in which my apeech
ia reported You will make the properacknow- '
Igementa, or not, according aa you may have '
y regard for truth leA, or aa you may among ,
e compromiaea to which you am addictetl. have
mpromwed away what little of the quality you
er poaaeaeed.
You bantered a aerator from South Carolina |
th the offer that you would, if invited, come to
larleaton or Columbia, to diacuaa the quealiona
loch have been liefnre the Senate.
When South Carolina decirea inetruclion in the 1
ctrinee of the frderal and coneolidation achool, (
e can eend for eome etateeman a-orth lietening
? Mr Webetev. for inataoc^?who eonld per m
the taak with eome ability. 1
But it would not )>e generous to hold you to |
ymir ufw, Y?wdt aaad ? eian all your puw<
Iff, ewek as tkey w?, including your ?ckn?Milidgvd
fwnr ?f hw, to as? ?r yattiai* to if*
}>eupie of Mi?i?i|H?. tke debt?rate Uwctfry /
your thaw aud to ike Houtk. ? loaf |tr*uudi
1?4 by you, u4 Aw uro# eowtaM under Umt
disgMia* of iwlwl Huutker* feeling, nnpelliag you
to briat loudly a ilk ike Akkinnaii, ami to
bally Ol. Baal?, aaul k? laraad up? you ?I
uui-bullied y?
W.1I1 the I -pe tkal lh? letter ?ay |>roir aa arnyaUt
aMH? la your cur? rpauikry ?1laiina
? tkc subpart of ike Caapr?ar,
I kaic ike k?or to Jar, Bur, At,
MAXCY CJBEIMJ.
P. 8. Nat being quite oarc that y? wilt ?da?tand
? altaai? akerr, I subjoin for y?r
g?nUeatnra ike iw?rt rtrfar?d to.
Marak. Ay i ? and Ik* Cauat 'a fcaiam were
jablteruig French, Ilka Iwo intriguing do ka in a
null poM; and I believe tkey talked of ? , ftrr tkry
laughed coa?rncdl)
Tha Randolph IlpUtlai on the Right of
Bao?aton
No. II.
FumJmmrmimJ feudi/ieii V ike (k?-Mm fryn
tenlull? and Afifiw Utori TV W1'? rrewdy
am tVw njffcli draird? TV rig* la llgto, and
tlr rifk! la da ereag?"B/ecA Cmkmdt ??/*??/ton
iwtodV TV r%*| <i EguWdy aaalVr #W
dam?/at Vendition at Ike ( atao, tft,
To mi Em-tut km, Mm van I'liinni, ?'
PuuniiT or rue I'mi tu Htiti*.
8ia?It ia admitted on all aid?, that tha Con
titution contain* certain prin.j|>lr* a ho l> oir
?mental, embracingcoiidilion* ao vital and fundamental,
that without thnr adoption, the (\.n?tiu
I nn and tha Union could never hair barn formed
Condition* of ^iia nature auat be aa progresaii * t
and continuous aa the Constitution itself, and lusting
its lifa-tiinr, muat viand with it, and toll w ith
it. Upon their acceptance the Union was founded
?upon their performance the Union deoeiuU
Nothing if better known to the statesmen of the
country, titan that the Constitution uoulJ never
have been adopted nor ratified by the Southern
States, had not the Northern States received anJ
accepted those provisions which the Constitution
contains relating to Uie institution of slsiery. The
iebales set forth in the Madison papers, impressively
make known, that these provisions consliluted
among others the South's uitinimta, and that
hut fur the clause conferring representative righu
in Congress upon thrse-fifihs of the slaves, and
die clause providing for the reclamation and surrender
of Aigitives from service, no Union could
lutve been formed between the parties then represented
in the Convention. The thing was impossible
; and hence the South became a party to the
Union upon the fundamental condition, that these
provisions should be strictly adhered to and faithfully
performed, so long as the Union lasts. The
luties and obligations thus devolved upon the
North, were explicit, imperative and immutable,
ind consequently it became the supreme law of
he case, that the Union's existence should be dependent
upon the faithful performance of these
'undamental conditions.
Now, sir, as hypotheses are quite as good
is fhcts to test principles and compass consciences,
I will put a case, or two cases rather.
Suppose, that ufkpr the adoption and ratification of
he Constitution by the States, that Congress in
1791, in apportioning the representation among
he States under the census of 1790, had refused
o i egard three-fifths of the slaves as representative
lumbers, and had withholden from the South all
epresentation on their account. The North had
he power to do so, had she been disposed to use
t. In a Senate of 26, she had 14, and the South
>ut 12 senators. In a House of 65, she had 35,
tod the South but 30 representatives; the Constiution
itself haviag apportioned the latter, until
Wsfpssiisuisw mmim thsaaasua nf 1780ahohM ?dW
ake effect, as follows :
New Hampshire, 3 Delaware, 1
Massachusetts, 0 Maryland, 6
Rhode lalai\datid Providence
Plantations, 1 Virginia, 10
Connecticut, 5 North Carolina, 5
New York, 6 South Corolina, 5
Pennavl vnni* H (vonro-iu 1
New Jersey, 4 |
35 30
This ia one case : Now for the other: Sup>ose
that after repeated efforts on behalf of the
ioulh, the majorities in Congress had repeatedly
md finally refused to pass any.law to carry it into
fleet, the clause of the Constitution providing for
he reclamation and delivery of fugitive slaves,
ind that the Northern Stules had refused their resitution
without it !
Such are the hypotheses: w here would be the
emedy ? From the poitulala in neither, could a
' case" be framed either in "law or equity," to
;ive the Supreme Court jurisdiction under the
Constitution, over matters so obviously political
ind exclusively pertaining to the legislative de
Mirtment of the Government. Neither could the
irgument of the^pld Federalists, that Cvngrej* is
lie final interpreter of the Constitution in all cases
vhere the Supreme Court is without jurisdiction,
ivail any thing, for Cotigrm itself w ould have aletidy
decided it against the South and against the
Constitution ! 1 repeat the question: where would
>e the remedy ? The North's faith, and two of
he fundamental conditions of the Union would
tave been flagrantly and purposely broken.
Would the South be bound by conscience, duty,
> um vwinnuwH iu remain in me union, HIIU
mbmit to these deep wrongs, and to abandon liar
ight to slave representation, and her right of reclamation
of fugitives from service? Would the
inly right left her, be a right to fight? Mr.
Webitrr'i right of civii. w*r, and bloody ami
.tinox! Mr. H'tbiter't right to dissolve the
whole Union in brethren's blood, to secure
ro her the right or peaceful secession!
Well, air, auppoae the South, unterrified by Mr.
Webster's blue light Federal doctrines, ahould
Hand fast by tlie principle* of her own illustrious
FefTerson and Madison?the State-rights platform
if the Kentucky and Virginia resolutions of *98,
where every State-right Southern Whig, and eve y
trite hearted Democrat, dwellelh he North or
South, stands at this day, and resuming the nnvireignty
she had only parted with in faith of the
piarnntees bo wilfully broken, should quietly secede
fiom the Union. What then? Would the
rrong* of the North confer on her a right to fight
tor thrm ? A right to (brce the South bark?
if xhr could.?Mind that ! If *ht could,) into the
[Jnion, shorn of those rights of slave-feprcaenla- I
ion and of slave reclamations, which formed the I
naucemenis ana tne conditions lor entering it:
!f two wrongs could ihua make a right and give
warrant for the consequences juet deduced from it,
hen muat it be plain, that theae fundamental conlitions
would have been no condition* at all, but
leep deception* and foul frauds; nnd containing
hose very elements of nullity, which would dejase
and avoid the whole instrument at the forum
if any judicature in Christendom? Who can beieve,
that the nr.nor.nof 16 and the taoit of *87,
who hare secured us all we have and made us all
we are, should have bequeathed us as our heritage,
? Constitution plenary of powers and sanctions,
'or absurdities and oppressions so monstrous as
hese ? I must doubt, if there be one man living,
laving a conscience in his breast, and brains
nough to think with, who would tarnish with^^
inch a stain the memories of these eminent d*ad,^^P
>y sanctioning with his credence an interpietntion
>f that instrument so redolent of unlimited power
ind slavish submission! I defy the wit of man
o deny the right of secession in the rases I have
>ut, without corroding that the States and their

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