The national era. [volume], February 14, 1850, Image 1

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' ' THE NATIONAL ERA. ?
G. BAILEY, EDITOR ANI) PROPRIETOR; JOHN G. W HIT TIE R, C 0 R R E S P 0 N DI N G EDITOR.
VOL. IV-NO. 7. WASHINGTON, THURSDAY, FEBRUARY 14, I860. WHOLE NO.
Thr Mall?n?l Era I. PahlUhed Weakly, SerentA
Street, <M<i Pellewa' Hall,
man.
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Hl'Kl.L A BLANfHARD, PKINTKKS.
THE NATIONAL ERA.
WASHINGTON, FEBItUAKV II, 1850.
icoer-aiOHT ssim-rsd.)
THE MOTHER-IN-LAW.
iSTORV OF THK ISLAND ESTATE.
nr MRS. KMJIA J>. E. SOUTH WOBTH.
IX VII?Cowtini'KD.
Presently she inquired, with a view of changing
the subject, and sugg. sting a more agreeable
tr lin of thought?
' Do you lore Louis, Louise 7 "
I " Certainly I do," replied Louise, wiping her
[ eyes.
" 1 do not believe it, you little child; you say
it so composedly. Young ladies ought to blush
when such a question is asked them."
" For whst ? "
"1 don't know, but I know that you committed
a breach of etiquette when you omitted to be covered
with confusion at my abrupt question.
Therefore, I do not believe you love Louis according
to established rules. Say?which do you
love most?me or Louis ? "
" Louis?but 1 love you, too," hastily added the
gentle girl, taking the hand of her governess.
tt Louis?or your mother ?"
11 OJ> my mother."
' cfiougnt so f OunrcSy Louise, s.fif Brignry
to herself. " The only reason, then, why you are
miserable with your mother, and happy with
* *l - 0 V. 1
LOUIS, 18 necause rnc lurraer is sriusu, pruuu,
jealous, and exacting in her affection, and the latter
in noble and disinterested. Because Mrs
Armstrong constantly suppresses the manifestation
of her maternal lore, while Louis freely expresses
his generous affection.4'
" But, Brighty, what do yon know about lore ?"
timidly inquired Miss Armstrong.
' Nothing, experimentally, Louise ! Nothing,
at least, of such lore as exists, or is presumed to
exist, between a betrothed couple I hare a sort
of protecting affection for you, and a sisterly regard
for Susan Somerville and Zoe Dove. That
is the growth of time, association, and esteem j but
for any other lore?for the love that poets rare I
about?I know nothing of it, and I am twentythree
years old. I never wish to marry, except
to attain my proper elevation in society, and to
escape the unjust reproaches vented upon old
maids"
" You would make a good nun, Brighty."
"Certainly! that would be a way of solving
the problem. I might thereby attain a handsome
establishment, and escape the odium of old maidenhood?winning
the glory of self-sacrifice, instead.
Yes, Louise, 1 think 1 might be persuaded
to take the v. il; 1 should make a very good nun,
provided they would elect me AbbeaennM set me
at the head of a magnificent Abhey?always providing
that the Abbey should be magnificent?the
dress of the Abbey dignified and becoming, and
the ritual of the sisterhood sublime. I will think
of it, Louise."
Thus Britannia rattled on, to restore the
cheerfulness of her pupil. Louise went to drew
the window curtains, to shut out the full moonbeams
that were flooding the chamber with silver
light.
" I>oes the moonlight disturb your sleep, Louise
1"
t u Oh, no?never "
" Then do not shut it out. love ; it is churlish
to shut it out. I like, when lying awake, to gaze
through the window at that glorious world floating
free in space. And sometimes it seems to me
a bright spirit, smiling a blessing in upon me."
Louise left the blinds open and the curtains up,
and the two girls retired to bed. They occupied
the same couch. Neither fell asleep. Britannia's
thoughts had reverted to the " to be, or not to be,"
of her own poa^bly brilliant destiny, and Louise
was thinking of her mother. At last, at the end
of half an hour, she said?
" Brighty, are you awake ?"
" Yes, my child."
It D.;.k(w I am Irnnhtnl ttllrtllt ttlV ifpilVPat
mother. How do you know that she in gloomy
\ about my marriage?"
f " Louise, 1 was wrong to say anything to you
? upon the subject. My besetting sin is conversaI
tion; if I could not conferee, I should have to
scribble, and that would ink my fingers?think
1 of something else, my dear.'
" But, Brighty, you who are so young, and
who have been without family ties of any sort,
from your earliest infancy up, how is it that you
can enter so deeply into the emotions of a mother
parting with her daughter, a daughter leaving
her mother; the relative and comparative nature
of parents' love for their sons and their
daughters?you, who were never a mother, aud, I
was going to say, never a tlaunhter f
" You might have said it. I do not remember
my parents 5
| " But how do you know a parent's heart,
J then ?
| " In a small way, as Shakspeare knew a monw
arch's heart, a villain a heart, a woman's heart?
M -v.- _.:,L li i
uc, nuu tt ,?n iicuuci n aiuf(, ronrfti, uwr nuuuiu
by imtmtion. You do not know what the idea in
that that very common word pretend# to preseut.
The Lexicons define it by synonyms, without explaining
it. 1,istuwJu*knowledge?inspired knowledge?what
is it? whence cornea it, then, Louise
? It may be the answer, the sum total, of
past experiences?the experiences without the
memory of a preexiatence. Inspiration, Genius?
w hat are Louise ? They may be condensed ;
the precipitated wisdom of a long chain of many
links of past lives. We sink into a reverie, we
catch the gleam of a new ray of light, or the tone
of a new prophetic voice; we seek it, pursue it
eagerly, to lose sight and sound of it away down
in the caves of our inner life, whither it has
withdrawn. Ws watch, and wait, and listen, for
the voice within to speak?for the light within
i to shine?in vain ! It has died away in silence?
I died away in darkness?until some unexpected
sight or sound, some merest trifle?the shadow
of a cloud upon the hills, a cadence in the laughter
of a child?brings back the ray in s flood of
glorious light?brings back the voice in a diapason
of sublime harmony We call it inspiration?
genius 1 May it not be poetical memory, rather?
the recovery of lost knowledge and wisdom, with
out the recollection of iuacquirement 1" murmur
* ed Brighty, half awake, half asleep, sinking
drruunily into unconsciousness.
M It la the me?n; yea, of course. it ia the full
moon, falling on Rrighty's head, that keepa her
awake and nukes ber fanciful,'" aaid Louise. stepplng
out of hod anil closing the blinda Then
returning to her couch, she changed her pillow
and fell asleep.
The stage left the next morning, after an early
breakfast Brighty, on reentering the coach with
| Louise and Oeneral HtuarMlordon, began to pat
I in practice her resolution of distant reserve She
was perfetly sincere in her intention to persevere
in gently repulsing the General's advances , yet
the most skillful coquetry could not hare devised
a better plan for bringing matters to a crisis.
The end of this day's journey brought the travellers
to llulnmoie. Here they designed remainiug
one day, for the purpose of seeing something
of the city, and of making a few more purchases
They spent the day in walking or riding through
the city, and returned to their hotel at night so
fatigued, that the ladies retired to their apart- |
ment very early in the evening
On reaching their room Brighty observed on
the toilet-table a small packet, addressed to herself.
having the card of General Stuart-Gordon
attached to it. She opened the packet, and found
a casket : she raised the lid, and a beautiful set of i
jewels flashed into her eyes ! First an exclama- i
tion of admiration and delight escaped her lips, as
she held tbcm nearer the light, to examine their
brilliancy: but in tlie next instant abe fell into"
gravity?raised the card and looked at it?then
glanced at Louise, who w is undressing in a distant
part of the room, and quite unconscious of
the treasures on the dressing-table?then she
looked again in admiration ou the jewels. They
consisted of ear-rings, breastpin, necklace, and
bracelet, of fine topazes. Lastly, she closed the
casket, wrapped it again in its envelope, tied it
securely, and. taking writing materials from her
trunk, stood there and penntd the following characteristic
note:
" Britannia O'Riley offers her earnest and most
respectful esteem to General Stuart-Gordon, and
solicits his permission to return the accompanying
casket, with deep gratitude, and with this explanation
:
Hriianma u tuieys circumstances, oy uenying
her lhe privilege of making cosily presents, deprive
her of the pleasure of receiving them.-'
When she hsd folded, sealed, and directed this
note, she attached it to the top of the packet by
slipping it in between the cords and the envelope,
and raug the )>ell. A chamber-maid answered it.
" Do you know the number of the room occupied
by the gentleman who accompanied us hither?''
"Yes. Miss; it is number twenty-six?the next
room but one."
"Has he retired yet?"
"No, Miss; 1 have just seen him enter the
reading-room."
" Th.eu.jX his door ia open, take fhis packet arui
leave it on his dressing-table, and return and let
me know when you have done so," said Britannia,
handing the casket.
The girl took it and went, and in two minutes
returned to report her errand accomplished.
" W hat was that. Brighty >" inquired Louise, as
the girl left the room.
" Oh, only a purchase of the General's, left upon
our toilet-table." And the girls retired to rest.
Early the next morning, and as soon as he had
ascertained that the youog ladies had arisen and
dressed, General Stuart-Gordon rapped at their
door, and, upon its being opened, offered his arms
to the girls with an nir of sad ceremony, to conduct
them down to breakfast
The passage of breakfast was rather amusing,
could the spectator have been in the secret. The
General was very grave, ate but little, and heaved
great sighs, as he buttered his bread. At the end
of breakfast both the young ladies arose to return
to their room, and get ready to resume their journey.
But General Stuart-Gordon stepped after
them and arrested their further progress by tsking
the hand of Britannia.and inquiring in a low hut
assured tone if MissO'ltiJey would grant him the
favor of an interview. Britannia bowed her head
in aaseut, and suffered herself to be conducted to
the ladies' parlor, then vacant, and led with great
deference to a scat.
General Stuart-Gordon, standing respectfully
before her, said?
" Miss O'Riley, you have humbled me"
" I am very unhappy in having undesignedly
offrtuled you, sir," said Brighty.
"I said that you had hvmhhd ine, Miss O'Riiey."
"The term is inadmissible, applied to Grneral
Stuar'-Gordon. I would not hear my beet friend
use it in connection with your honored name.*'
" Miss O'Riiey, I am humbled ; you will restore
my self-respect by the acceptance of the small offering
laid upon your shrine."
"General Stuart-Gordon, you will pardon me,
and permit me to adhere to a rule thAt circumstances
make it necessary for my self-respect that
I should observe."
" Then this seems to be a question of pride between
us"
" Of propriety."
" Miss O'Riiey, you are proud."
" I acknowledge the fact."
"You are haughty."
"Perhaps so, sometimes, nnd with some people."
44 Arrogant."
44 Never."
" Disprove the charge, then, by receiving from
a friend a bauble, that any other young lady, under
the same circumstances, would accept without
hesitation."
44 But I am not ' any other young lady '" replied
Britannia, rising, and drawing up her slight, elastic
figure.
' 1 said that yon w? re arrogant, and so you are."
"You misapprehend me. sir I humbly thank
you for all and sundry your benevi lent wishes and
intentions towards me," said Brighty
"Miss O'Riiey," questioned General StuartGordon,
after a pause, "what disposition shall I
make of this casket?"
"Your own discretion will direct you aright,
General Stuart-Gordon. It would be great presumption
in me to tuggest their proper destination
"
"The boudoir of the future Mrs. Stuart-Gor
don "
" Would he n very fitting disposal of them."
"I perfectly ngree with you. Atid I lay them
at the feet of the future Mrs Siuart-GoHon, if
Miss O'Riley will honor the ancient name hy accepting
it, with the devotion of its oldest representative,"
exclaimed the General, suiting the action
to the word, hy gallantly dropping upon one 1
knee, and depositing the casket at the feet of
Britannia.
(Don't laugh, or rather rh if you like; but this
trot something like the style of wooing in our
grandmother's days?the days of hoops and highheeled
shoes?of damask and brocades?of high
hesd-dressrs? stately, minuet walks?elaborate
double curtesies, first to the right and then to
the left?of gallant toasts, and of set speeches?
when Lord Chesterfield's letters. Sir Charles
Grandison, &c., formed the light literature of the
day. Ye* I thi* * ? the style of courtship in favor
with gentlemen of the old school, especially where
the gentlemen were old themselves, and somewhat
stiff and proud. Many a reported courtship of
the olden time have I heard from the lips of my
grandmother and grand-aunts It may he that
these stately airs were assumtd only hy the descendants
of the cavalier settlers, the citizens of
aristocratic Maryland ami Virginii. It may he
that the republican children of the Puritans never
affected auch)
llut while I h ave been talking with you, Britannia
has been standing there with her eyes
cast upon the ground, with her hand cla?ped in
that of General Stuart-Gordon, receiving Lisdec|
laration.
At its close, she gravely withdrew ber hand,
and, saying calmly, "General Stuart-Gordon
amuses himself Ht my expense," cnrteaied, snd
waa passing from the room, when he stepped
quickly after her. and, taking her band, said?
"Miss O'Kiley, I admire you! I would say.
Britannia, I love thee, but that your lip might
curi to hear such a declaration from a min of my
yeara. But, Britannia, I do very earnestly respect
you, very highly esteem you?my happiness
ia dependent upon your society. I wish to make
you my wife, the mint rent of my houae, the oompHDion
of my domestic life, the partner of my social
and solitary hours. Britannia, do you think
that a woman could he happy as the wife of a man
many years her senior ?''
There was a deep-toned sadness in his voice m
he asked this question, that appealed to Brighty'i
sympathies. She answered him, gently?
" Oh ! yes ! I think so?when all othrr circumstances
are in harmony "
"Could you be happy thus situated, Britannia
T"
" I coold."
"Then I am to understand that you entertain
my suit, Bright y 7"
Again Britannia gravely withdrew her hand,
and replied, earnestly?
"General Stuart-Gordon, I fee! very highly
booored and very deeply grateful for your preference.
But permit me to hope for your happiness
in a union with some lady more worthy
the diatinotion of your high alliance."
"4 Home othrr lady!' A las I Britannia, thirty
years ago such a transfer might have been possible?such
a transfer wat possible?-was wutdt!
But when men of ray age form an attachment, it
is their lutl, their Uiit. There is no more hope in
life! It is the very latest autumn flowering of
the he.rt. There is no more blooming in the i
winter!''
4 Permit me to retire. General," said Britan- <
nia, respectfully I
"Go, BriUnuia," said he, sadly And she curtesied
and left the parlor. " Go, Brighty." mur- 1
mured the seiHgenarisu lover, more maudlin, sen- 1
timental, desolate, heart-broken, thin a boy of I
eigbfeeo in his first lose troubles "Go, ,
Brighty "? 1
" Go, thou vision ! brightly gleaming,
Softly on uiy soul that f?ll? I
Got for me no longer beaming? 1
Hope and beauty, fare thee veil."
As his biographer, I am ashamed of General l
Henry Cartwright Stuart-Gordon. 1'. 8. A . just |
at this crisis ! I am mortified that he should thus ;
abandon bis dignity, even w hen solitary in the
parlor of the Hotel. And 1 think it was
well that, before he grew any worse or got any
farther, the shrill blast of the matter-of-fact and
peremptory stage-horn broke in upon his music
and his poetry, his passion sad his foolery, and
called bint from his ramble iu the meandering
paths of fancy, to the rough turnpike journey of
real life.
In half an hour, the travellers w ere once more
on the roiwl, ?nd to- mere days they bad
reached Mont Crystal in safety.
|TO BK CONTINtlKD ]
SPEECH OF AIR. CLAY IX THE SENATE.
TI'KSDAY, Fkhkcart 4, 1R50.
The first resolution, Mr. President, ss you are
awrsre, relates to California, and it declares that
Pslifnrnia with suitable limits oiioht to be ad
mitted as n member of this Union, without the 8
imposition of hdj restriction either to interdict
or to introduce slavery within her limits. Well,
now, is there any concession in this resolution by
either party to the other? 1 know that gentlemen
who come from slaveholding Statea say the
North gets all thut it desires, but by whom does
it get it ? Does it g?t it by any action of Congress?
If skvery be interdicted within the limits
of California, has it heen done by Congress?
by this Government? No, sir. That interdiction
is imposed by California herself. And has
it not heen the doctrine of all parties, that when
a State is about to be admitted into the Union,
the S'tafe ias a right to decide fbr rfse r whether
it will oe-will not have slavery within its limits ?
The great principle,^ir, whioA- >??# in contest
upon the memorable occasion of the introduction
of Missouri into the Union was, whether it was
competent or not competent for Congress to impose
any restriction which should exist after she
became a member of the Union ? We w ho were
in favor of the admission of Missouri contended
that no such restriction should be imposed. We
contended that, whenever sh? was once admitted
into the Union, she had all the rights and privileges
of any preexisting State in the Union;
and that among these rights and privileges one
was to decide for herself whether slavery should
ne ahniil.t tint oriat within her limit* : thai ahe
had mm much a right to decide upon the introduction
of slavery or its abolition, as New York had ^
a right to decide on the introduction or abolition
of slavery ; and that, although subsequently admitted,
she stood amongst her peers equally invested
with all the privileges that any one of the
original thirteen States had a right to enjoy, t
And so, sir, 1 think that those who have been
contending with so much earnestness aud perse- |
verance for the Wilmot Proviso, ought to reflect
that, even if they could carry their object, and adopt s
the Proviso, it ceases the moment any State or f
Territory to which it was applicable came to he
admitted as a member of the Union Why, sir,
no one contends now, no one believes that with
regard to those Northwestern States to which the
Ordinance of 17N7 applied?Ohio, Indiana, Illinois,
and Michigan?no one can now believe bat
that any one of those States, if they thought
proper to do it, have just as much rieht to introduce
slavery within their borders aa Virginia has
to maintain the existence of slavery within hers
Then, sir, if in the struggle for power and empire
between the two classes of States a decision
in California has taken place ad vprse to the wishes
of the Southern States, it is a decision not made
by the General Government.
Mr, President, the next resolution in the series
which I have offered I beg gentlemen candidly
now to look at. I was aware, perfectly aware, of
the perseverance with which the Wilmot Proviso
was insisted upon. I know that every one of the
free States in this Union, without exception, had
by its legislative body passed resolutions instructing
their Senators and requesting their Representatives
to get that restriction incorporated in
any Territorial Government which might be established
under the auspices of Congress. I knew
how much, and I regretted how much, the free
States had put their hearts upon the adoption of
this measure. In the second resolution I call (j
upon them to waive persisting in it. I ask them, ?
for the sake of peace and in the spirit of mutual
forbearance to other mem here of the Union, to
give it up?to no longer insist upon it?to see, as
they must see, if their eyes are open, the dangers
which lie ahead, if they persevere in insisting H
upon if. When I called upon them in thisresolution
to do this, was I not hound to offer, for a
surrender of that favorite principle or measure J.
of theirs, some compensation, not as an equivalent y
by any means, hut some compensation in the spirit
of mutual forbearance, which, animating one side,
ought at the same time to actuate the other side? -j
Well, sir, what is it that is offered tliem ? It is (]
a declaration of what I characterized, and must w
cttill characterise, with great deference to all ((
those who entertain opposite opinions, as two c
truths, I will not say incontestable, hut to me
clear, and I think thev ought to he regarded as
indisputable truths. What are they ? The first ''
is, that by law slavery no longer exists in any H'
part of the acquisitions made by us from the He- H
public of Mexico; and the other is, that in our
opinion, according to the probabilities of the case,
slavery never will he introduced into any portion *
of the Territories so acquired from Mexico Now, "
I have heard it said that thia declaration of what
I call these two truths, is equivalent to the enact- si
ment of the Wilmot Proviso. I have heard this ol
asserted; hut is that the case? If the Wilmot
Proviso he adopted in Territorial Governments *
established over these countries acquired from C
Mexico, it would he a positive enactment, a pro- ?*i
hihition, an interdiction as to the introduction of t*
Slavery within them; hut, with regard to these tl
opinions. I hail hoped, and I shall still indulge <
the hope, that those who represent the free States t*
will be inclined not to insist?indeed it would be hi
extremely difficult to give to these declarations it
the form of positive enactment. I had hoped thst ?
they would he satisfied with the simple expres- ai
sion of the opinion of Congress, leaving it upon r<
the basis of that opinion, without asking for what *
seems to me almost impracticable, if not impose!- tl
hie?for any subsequent ennctment to he intro- a'
duced into the hill by which Territorial Govern- b
ments should be established. And I can only *
say that the second resolution, even without the e
declaration of these two truths expressed, would 'J
be much more acceptable to me than with them ti
but I could not forget that I was proposing s *1
scheme of arrangement and compromise, and I
could not, therefore, depart from the duty which d
the preparation of such a scheme seems to me ''
to impose, of offering, whilst we ark the sur- 'I
render on one tide of s favorite measure, of offering
to the other side some compensation for that s?
surrender or sacrifioe. What are the truths, Mr w
President? The first is, that by law slavery does r<
not exist within the Territories ceiled tons hy 8
the Republic of Mexico It is a misfortune, sir, si
in the various weighty snd Important topics which "
are connected with tbe auhjeot tbat I am now ail- <?i
drawing you upon, that any one of the five or six ti
furniehe* a theme for a lengthened apeech, and I ?
am therefore reduced to the neceeaity, | think at p
leaat in this *tage of the diacuaaion, of limiting "J
myaelf rather to the expreaaion of opinion* than ot
going at any great length into the diacuaaion of P
all there varioua topica. h
Now. with reapect to the opinion here expreaa- tl
ed, that alavery doe* not exiat in the Territoriea *
ceded to the United State* hy Mexioo. I can only <i
refer to the fact of the paaaige of the law hy the ft
Supreme Government of Mexico aboliahing it, I
think in lw*24. and to the auharquent paaaage of r<
a law hy the legialatire holy of Meiico, I forget #oi
in what year, hy which they propoaed?what it n
ia true they nerer carried into full effect?com- 'I
penaation to the ownera of alavta for the property H
of which they were atripped hy the act of a holt- u
tion I c*n only refer to the arquiearence of el
Mexioo in the abolition of alavery, from the time H
of ita extinction down to the time of the treaty tl
by which we acquired theae oountriea Rut all a
Mexico, ao far aa 1 know, acquiesced in the non- ti
xiafenee of alavery. Gentlemen, f know, talk P
about the irregularity of the Uw hy which that it
aot waa aocompli*he<i, but doea it become ua, a ei
foreign Power, to look into tbe mode hy whiob an tl
object haa been acoompliahed by another foreign *
Power, when ahe heraelf la satisfied with what p<
<he Iim done, and when. too. she is the exclusive
judge whether an object which is local and muni:ipal
to herself has been or has not been accomplished
in conformity with her fundamental laws !
Why, Mexico upon this subject showed to the
last moment her anxiety, in the documents which
sere laid before the country upon the subjict of
ihe negotiation of this treaty by Mr. Trist.
Amongst theui you will find this passage in one of
liia despatches:
" Among the points which came under discusuon
whs the exclusion of slaTery from all territory
which should pass from Mexico. In the course of
their remarks on the subject. I whs told that if it
were proposed to the people of the United States
!o part with a portion of their territory, in order
that the iw/visilifn should he therein established,
the proposal could not excite stronger feelings of
ibhorrence than those awakened in Mexico by J
the prospect of the introduction of slavery in any
erritory parted with by her. Our cimversatiou
>n this topic was perfectly frank, and no less
friendly ; and the more effective upon their minds,
oasmuch ns 1 was enabled ?o say. with perfect
lecurity, that although their impressions respcctngthe
practical fact of slavery, as it existed in the
LIuited States, were. I had no doubt, entirely erroneous.
yet there was probably no dvff*j*?.'?ce- ieween
my individual views and sentiments on
ilavery, considered in itself, ami those w hich they
mtertained i concluded by assuring them that
he hare tnmrtcn of the suhject in any treaty to
vhich the United States were a party, was an
thsolute impossibilty; that no President of the
United States would dare to present any such
rr?iy m 10c ot*imw* j nun lont 11 it wcrr m uivir
jower to offer me the whole territory described in
>ur project, increased ten-fold in value, and, in
tddition to that, covered a foot thick all over '
with pure gold, upon the single condition that slarery
should l>e excluded therefrom, I could not 1
sntcrtain the offer for a moment, nor think even
if communicating it to Washington The matter [
nded in their being fully satisfied that this topic >.
vas one not to be touched, and it was dropped, j
vith good feeling on both sides."
Thus you find, sir, that in the very act, in the
rery negotiation by which the treaty was conclu- j
led, ceding to us the countries in question, the
liploinatic representatives of the Meiican repubic
urged the abhorrence with which Mexico
vould view the introduction of slavery into any |
rt.r T-vrit^rpfwhich she nowr1 ?r
lede to the United States. The clause of prohibi- |
ion was not inserted in consequence of the firm j
ground taken by Mr. Trim, and his declaration
bat it was an utter impossibility to meutiou the
mhject.
I take it, then, sir?and availing myielf of the
>enefit of the discussions which took place on a
ormer occasion on this question, and which I
hink have left the whole country under the im>ression
of the non-existence of slavery within
he whole of the territory in the oeded Terrif ies?I
take it for granted that what I have said,
lided by the reflection of gentlemen, will satisfy
hem of that first truth, that slavery does not exist
here by law, unless slavery was carried there thp
nnmnnt. t h? t rout v u hr rut i fiuil hv I hf> twd nurlina
mil under the operation of the Constitution of the
Juited States. Now. really, 1 must say. that
tpon the idea that to instanti upon the consummaion
of the treaty the Constitution of the United
itates spread itself over the aoi|uired territory,
md carried along with it the institution of slavery,
he proposition is so irreconcileablc with any comrehension
or reason that I possess, that I hardly
mow how to meet it.
Why, these United States consist of thirty
States. In fifteen of them there wus slavery, in
ifteen of them slavery did not exist. Well, how
:an it be argued that the fifteen slave States, by
he operation of the Constitution of the Uaited
itatcs, carried into the ceded Territory their intitution
of slavery^ any more than it can be gr;ued
on the other side that, by the operation of
he same Constitution, the fifteen free 8tatee caried
into the ceded Territory the principle of
reedom which they from policy have ohoeen to
dopt within their limits? Why, sir, let me aup oee
a case. Let tne imagine that Mexico hud
lever abolished slavery there at all?let me sup>ose
that it wan existing in point of fact and in
rirtue of law. from the shores of the Pacific to
hose of the Gulf of Mexico, at the moment of
he cession of these countries to us hy the treaty
n question. With what patience would gentlenen
coming from slaveholding Slates listen to any
irgument which should he urged hy the free
States, that, notwithstanding the existence of sis
he United States abolished it the moment it operated
upon and took effect in the ceded Territory ?
iVell, la there not juat aa much ground to contend
hut where a moiety of the States ia free and the
ither moiety ia slaveholding, the principle of freelorn
w hich prevails in the one class shall operate
is much as the principle of slavery which prevails
n the other? Can you come, amidst this conflict
if interests, principles, and legislation, which preails
in the two parts of the Union, to any other
onclusion than that which I understand to be the
onclusion of the public law of the world, of
eason. and juatice: that the status of law, as it
listed at the moment of theconquest or the acquiition,
remains until it is altered hy the soveeign
authority of ilyt conquering or acquiring
lower? That is the great principle which you
an scarcely turn over a page of public law of the
rorld without finding recognised ?ud everywhere
stablished. The laws of Mexico, as they exist1
?t the moment of the cession of the ceded
'errilories to this country, remained the law s unit,
and unless, they were aliend hy that new
iitforAttrn tu'iu or u Kioti tKia nnnttlo nntl tKoun Torri.
f"-?| *
?riea come under in consequence of the treaty of
ession to the United Slates.
I think then, Mr. President, that, without tresa-sing
further, or exhausting the little stock of
Irength which I hare, and for which I shall have
hundsnt use in the progress of the argument, I
iay leave that, part of the subject with two or
iree observations only upon the general power
hich i think appertains to this Government on
ie subject of slavery.
Sir, before I approach that subject, allow me to
\y that, in my humble judgment, the institution
f slavery presents two questions totally distinct,
ad resting on entirely different grounds?slavery
ithin the States, snd slavery without the States,
ongreas, the General Government, has no powr,
under the Constitution of the United States,
?touch slavery within the States, eicept in the
iree specified particulars in that instrument: to
Ijuat the subject of representation , to impose
ues when a system of direct taxation is made;
nd to perform the duty of surrendering, or cau?ig
to be delivered up. fugitive slaves that may
cape from service which t hey owe in slave States,
nd take refuge in free Statee. And, sir, I am
Midy to any, that if Congreas were to attack,
ithin the States, the institution of slavery, for
ie purpoae of the overthrow or extinction of
lavery. that then, Mr President, my voice would
e for war; then would be mode a case which
ould justify, in the sight of God and in the prentice
of the nations of the earth, resistance, on
ie part of the slave States, to such an unnonstituonal
and uaurped attempt as would he made on
ie supposition which 1 have stated. Then we
nould be acting in defence of our rights, our
omicila, our property, our safety, our lives ; and
ien, I think, would be furnished a case in which
ie slaveboldiug States would he justified, by sll
maiderations which pertain to the happineas and
icurity of man, to employ every instrument
hich God or nature had placed in their hands to
f*i*t euch an attempt on the part or the free rate*.
Ami then, if unfortnnately civil war 1
ionI<1 break out, ami w? should present to the '
at ion* of the earth the apectacle of one portion 1
f this Union endcaroring to aubrert an ioe?itu- 1
on in riolation of the Constitution and the moat
icred obligation* which ran hind men. we should
reaent the spectacle in which we ahould hare the
irinptthiet), the good wmboa, and the deaire for
ur success by all men who lore juaiice and truth t
ar different, I fear, would i>e our case?if un- i
appily we ahould be plunged into ciril war?if I
i? two parte of this country ahould be placed in i
poaition hostile toward* each other, in order to I
trry alarery into the new Territories acquired i
on Mexico. |
Mr President, we hare heard, all of u* hare I
sad of the effort* of Krance to propagate?what, i
a the continent of KuropeT Not alarery, air; <
ot alarery, but the right* of man ; and we know i
le f tie of her effort* in a work of that kind. j
ut if the two portion* of this Confederacy ahould i
nh&ppily be inrolred in ciril war, in which the |
fort on the one site would be to reetrmin the in- I
oduction of slarery into new Territories, and on <
te other aide to force ita introduction there, what i
apeoiucle ahould we present to the contempts i
on of aatoniahed mankind 7 An effort not to <
ropagste right, but, I must say?though I truat |
will he understood to be eaid with no desire t? |
icite feeling?an effort to propagate wrong in i
te Territories thus acquired frotn Mexico I It j
ould be a war in which we should hare no nyn- I
tthy, no good wiahaa, and in which all nu*uad <
would he against ue. and in which our own history
itself would he against us; for, from the commencement
of the Revolution down to the present
time, we have constantly reproached our British
ancestors for the introduction of slavery into this
country ; and allow me to say that iu my opinion,
it is one of the host defences which can he made
to preserve the institution in this counry, that it
was forced upon us agaiuat the wishes of our an- ,
cesfors, our own colonial ancestors, and by the
cupidity of our British commercial ancestors
The power, then, Mr President, in my opin
ion?and I will extend it to the introduction as
well as the prohibition of slavery in the new Territories?I
think the power does exist in Congress,
and 1 think there is that important distinction
between slavery outside of the States, and
slavery inside of the States, that all outside is debateable,
all inside of the States is undehateahle.
The Government has no right to touch the institution
within the States; but whether she has,
and to what extent she has the right or not to
touch it outside of (lie States, is a <|uestion which
is debateable. and upon which mm may fairly and
honestly differ, but which, decided however it j
may l>e decided, furnishes, in my judgment, no
just occasion for hrcuking up this happy aud glorious
Union of oor?.
I think there are two sources of power, either
of which is, in my judgment, sufficient to warrant
the exercise of the power, it' it was deemed prop- j
cr to exercise it, either to introduce or to keep
out slaveiy, outside the Slates, within the Territories.
Mr. President, I shall not take up time, of 1
which already so much has beeu consumed, to i
s]jytt that, according to my sense of the Conatitution
of the United States, or rather according to , i
the sense in which the clause has been interpreted i
for the last fifty years, the clause which confers i
on Congress the power to regulate the Territo- i
ries and other property of the United States oon- 1
eys the authority.
Mr. President, with my worthy friend from
Michigan?snd I use the term in the best and
most emphatic sense, fur I believe he and I have <
known each other longer than he or I have i
known any other Senator in this hall?1 cannot i
concur, although 1 entertain the most profound I
respect tor the opinion** he riaa advanced upon 1
the subject adverse to my own ; hut I must say,
when a poiut is settled by all the elementnry wriirio
,/? v..j"*eoUufry, by sit the departments of'our
Government, legislative, executive, and judicial?
when it has heen so settled for a period of fifty i
years, nnd never was seriously disturbed till recently,
that I think, if we are to regard anything
as fixed and settled under the administration of
this Constitution of ours, it is a question which
has thus been invariably and uniformly settled in
a particular way. Or are we to come to this conclusion,
that nothing, nothing on earth, is settled
under this Constitution, but that everything is
unsettled T
Mr. President, we have to reeolleet it is very
possible ? sir, it is quite likely?that when
that Constitution was framed, the application
of it to such Territories as Louisiana. Florida,
California, and New Mexico, was never within
the contemplation of its framers. It will he
recollected that when that. Constitution was framed,
the whole oountry northwest of the Ohio
river was unpeop'ed; and it will be recollected,
also, that the exercise and the assertion of the
power to make Governments for Teriitories in <
their infant state,are,in thenntureof the power, t
temporary, and to terminate wheneverthey have '
Required a population competent for self-govern- <
menf. Sixty thousand is the number fixed by
the Ordinance of I7H". Now, sir, rfcollect that i
when this Constitution was adopted, and that ter- 1
ritory was unpeopled, is it possible that Congress, '
to whom it had been reded by ths .States, for the 1
conimou bent fit of the ceding State and all other <
ni|pibers of the Union?is it possible that Congress
has no right, whatever, to declare what de
script ion of settlers should occupy the public
lands? Suppose they took up the opinion that i
the introduction of slavery would enhance the
value of the land, end enable them to command
for the public treasury a gr-ater amount from
that source of revenue, than by the exclusion of
laves, would they net have hail the right to say,
in fixing the rules, regulations, or whatever you
choose to call them, for the government of that
Territory, that any one that chooses to bring
slaves may bring them, if it will enhance the value
of the property, in the clearing and cultivation
of the soil, and add to the importance of the
country? Or take the reverse: suppose Congress
might think that a greater amount of revenue
would be derived from the waste lands beyond
the Ohio river by the interdiction of slavery,
would they not have a right to interdict it?
Why, sir. remember how these settlements were i
made, and what was their progress. They began i
with a few I believe that about Marietta the
first settlement was made. It whs a settlement of *
some two or three hundred persons from New
England. Cincinnati, I believe, was the next
point where a settlement was made, it was set- i
tied, perhaps, by a few persons from New Jersey, I
or some other State. Did those few settlers, the i
moment they arrived there, acquire sovereign
rights 1 i lad those few persons power to dispose I
of these Territories ? Had they even pow er to
govern themselves?u handful of men who estah- I
lished themselves at Marietta or Cincinnati ? '
No, sir the contemplation of the Constitution I
no doubt was, that inasmuch as this power kiih 1
temporary, as it is applicable to unpeopled terri- ;
tory, and as that territory will become peopled t
gradually, insensibly, until it reaches a popula- I
tion which may entitle it to the benefit of self- I
government, in the mean time it is right and prop- I
er that Congress, who owns the soil, should regu- <
late the settlement of the soil, and govern the I
settlers on the soil, until those settlers acquire ?
number and capacity to govern themselves. ?
Sir, I will not further dwell upon this part of "
the subject ; but I said there is another source of "
power equally satisfactory, equally conclusive in "
my mind, as that which relates to the territories, 1
and that is the treaty-making power?the acejui- 1
ring power Now, I put it to gentlemen, in there
not at thin moment a power eomewhere existing, t
either to admit, or eiclude slavery from the coded i
territory? It in not an annihilated power. That t
is Impossible. It is a subsisting, actual existing a
power; and where doea it exist ? It existed, I i
presume no one will controvert, in Mexico, prior t
to the reaaion of these Terriloriea. Meiicooould f
have aliolieheil slavery, or introduced slavery, e
either in California or New Mexico. That must |
he conceded. Who will controvert this position ' <
Well. Mexico has parted from the territory, and t
from the sovereignty over the territory; and to n
whom did she transfer it? She transferred the <
erritory and the sovereignty of the territory to '1
the Government of the United Stateu. The Gov rnment
of the United States, then, acquires in
overelgnty, and in territory over California nnd h
New Mexico, all, either in sovereignty or ferrito- ?
ry. that Mexico held in California or New Mex- a
ico, hy the ceaaion of those Territories. Sir, die- it
pute that who can The power exists, or it does g
not ; no one will contend for its annihilation It a
existed in Mexico. No one, I think, cm deny w
that Mexico alienntea the sovereignty over the q
lerritory, and her slienee is the Government of a
he United States. The Government of the Uni- t
led States then, possesses all power which Mex- *
ico fwaeased over the ceded Territories, and ihe r
Jovernment of the United States can do, fn refer* y
nce to them?within. I admit, certain limits of it
he foil*! it ill ion?whatever Mniico oouhl have li
lone. There are prohibition* upon the power of p
Jougrese. within the Constitution, which pr<>hl- v
titions, I admit, miiHt apply to t'ongiess whenev- 'J
r she legislate*. whether for the olil .State* or for el
lew Territories , hut, within those prohibitions, ti
he powers of the United States over the oe?leil
I'erritories are oo-eiteneiveHn<l eipisl to the p.,* .
rs of Mexico in the reded Territories prior to ,|
he cession 0
Sir, in regard to this treaty-making power, nil tl
a ho have any occasion to examine into Its char- I
u tcr, ati'l to the possible extent to which it may 11
>? carried, know that it is a power unlimited in e
ts nature, except in so far as any limitation may o
>e found in the ('onstilution of the United Hlater , tl
iml upon this subject there is no limitation which *
prescribes the extent to which the powers should a
le exercised. I know, sir, it is argued that there tl
s no grant of power in the Constitution in sp?- n
iifjii terms over the subject of slavery anywhere , n
tnd there is no grant in the Constitution to Con- tl
rress specifically, over the subject of a vast vari- n
-ty of matters upon which ths powers of Con- u
frees may un<|ueationably operate The major w
ncludes the minor. The general grant of power d
comprehends all the particulars and elemsnls of g
which that power oonsiits. The power of scijui. a
ition by treaty draws after it the power of gov- ri
urnment of the country acquired. If there be a n
power to acquire, there muat *he, to use the Ian- li
(uage of the tribunal that aits below, a power to w
(uvern I think, therefore, air, without, at least 'I
Ut the preeeut, dwelling further on this part of tl
the subject, that to ths two sources of authority in a
Congress to which 1 have Jreferrid, and especially t
to the last, may be traced the power of Congress to
act in the Territories in question , and, sir, I goto
the extent, and I think it is a power in Congress
equal to the introduction or exclusion of slavery.
I admit the argument in both its forms , I admit if
the argument be maintained that the power exisle
to exclude slavery, it necessarily follows that
the power must exist, if Congress chooses to exercise
it. to tolerate or introduce slavery within
the Territories
Hut. sir, I have been drawn off so far from the
second resolution?not from the object of it, but
from a particular view of it?that it has almost
gone out of my recollection.
The other truth which i respectfully and with
great deference conceive to exist, aud which is
announced in this resolution, is. that slavery is
not likely to be introduced into any of these Territories.
Well, sir, is not that a fact ? Is there
a member who hears me that will nol confirm the
fact? What has occurred within the last three
months? In California, more than in any other
portion of the ceded Territory, was it most probable,
if slavery was adapted to the interests of the
industrial pursuitsof the inhabitants, that slavery
would have been introduced ? Vet, within the
space of three or four months, California herself
l. ... I 1 t ? - * - ' 1 ^
ii io urvmrrd, i?jr n uuttuiniuu* vuit? 01 ntT l/Oll*ention.
against the introduction of slavery within
her limits And, fta 1 remarked on a former occasion.
this declaration was not confined to nouslaveholdern.
There w< re persons from the slaveholding
States who concurred in that declaration
Thus, thin fact which i? asserted in the resolution
Is resjionded to by the act of California Then,
sir, if we comedown to those mountain regions
which are to be found in New Mexico, the nature
of its soil and country, its barrenness, its unproductive
character, everything which relates to it,
and everything which we hear of it and altout it,
must necessarily lead to the conclusion which 1
have mentioned, that slavery is no' likely to be
introduced into them. Well, sir, if it he true that
hy law slavery does not now exist in the red d
Territories, and that it is not likely to he introduced
into the ceded Territories?if yon, Senators,
igree to these truths, or a majority of you, as I
mi persuaded a large majority of you must agree
to them?where is the objection or the difficulty
to your announcing them to the whole world ?
Why should you hesitate or falter in the promulgation
of inconte-tahle truths? On the other 1
nrtrfW. with repaid to Senators coming from the ;
free States,allow' ine here to make, with reference 1
\t> G?.nn?\>?ui.i, onv or two observations. When
this feeling within the limits of your States was '
gotten up, when the Wilmot Proviso was disseminated
through them, and your people anil yourselves
attached themselves to thit Proviso, what
was the state of facts ? The state of facts at that
time was, that you apprehended the introduction
of slavery there You did not know much?very
few of us now know much?about these very Territories.
They were far distant from you. You
were apprehensive that slavery might he introduced
there. You wanted as a protection to intioduce
the interdiction called the Wilmot ProviI.
w,..., I_ liu ..< ?c ' * -*
thit the whole North binned up in behalf of this
Wilrnot Proviso. It was under the apprehension
that slavery might he introduced there that you
left your constituents Kor when you came front
your home, at the time you left your re-pective
residence you did not know the fact, which has
i>nl_v reached us since the commencement of the
session of Congress, that a constitution had been
unanimously adopted by the people of California,
excluding slavery from their Tyu-itory
Well, now, let me suppose tlW two years ago j
it had been known in the free States that such a
institution would be adopted , let mo suppose
that it had hoen believed that in no other portion
nf these ceded Territories would slavery he introduced
; let me suppose that upon this great subject
of solicitude, negro slavery, the people of the
North had been perfectly satisfied that there was
no danger; let me also suppose that lliey, had foreseen
the excitement, the danger, the irritation,
the resolutions which have been adopted by
Southern Legislatures, and the manifestations of
opinion by the people of the slaveholding States;
let me suppose that all this had been known at
the North at the time when the agitation was first
f^nt up upon the subject. of this W ilmot Proviso?
do you believe that it would hove ever reached
theheight to which it has Httnined ? Hoes any one
of you believe it? And if, prior to your de.parturc
from your respective homes, you had had an opportunity
of conferring with your constituents
upon this most lending and important fact?of the
adoption of a Couatitution excluding slavery in
California?do you not believe, Senators and
Representatives coming from the free States, that
if you had had the advantage of that fact told in
serious, calm, fireside conversation with your constituents,
they would not have told you to come
here to settle all these agitatingijuestions without
danger to this Union
What do you want? What do you want who
reside in the free Stat's ? You want that there
ahull he uo slavery introduced into the Territories
acquired from Mexico Well, have not you got
it in California already, If admitted as a State?
Have not you got it in New Mexico, in all human
probability, also? What more do you want?
You have got what is worth a thousand Wilmot
Provisos. You have got nature itaelf on your
<ide. You have the fact itself on your side. You
have thetruth staring you in the face, that no slavery
is existing there. Well, if you are men?if
jrou ran rise from the mud ami slough of parly
itruggles, snd elevate yourselves to the height of
[Mitriots, what will you do ? You will look at the
'act as it exists. You will say this fact was unknown
to my people. You will say they acted on
>ne set of facts, we have got another set of facts
lere influencing us, and we will act as patriots,
is responsible men, as lovers of unity, nnd above
11, of this Union. We will act on the altered set
f facts unknown to our constituents, and we will i
ppeal to their justice, their honor, their magna- ,
iuiity, to concur with us on this occasion, for es- <
ablishing concord and harmony, nnd maintaining
he existence of this glorious Union.
Well, Mr. President, I think, entertaining
hese views that there whr nothing extravagant
n the hope I imlulgnl At the limn theae reeoluioiiH
were prepared nn<i offered?nothing extravguut
in the hope that the North might content
tself even with atriking out aa unneceHnary theae
wo declaration. They are unneceaaary for any
iurpo?e the free Stafea have in view. At all
vent*, if they ahonld inaiat upon Congreaa exireaaing
the opinion* which are here aaaerted,
hat at all eventa they abould limit their wiahea
o th<3 aimpU aaaertiou of them, without initiating
n their heing incorj>oruted iu any Territorial
tovernment which f'ongreaa may eatabliah iu the
I'erritorlc*. '
I paea on from the accord resolution to the
bird and fourth, which relate to Texan , and aliw
me to aay, Mr I'reaident, that I approach the
uhjectwlth a full knowledge of all ita dilhculiiea,
ml, of all the <|UealioiiH oouneotcd with or grow- I
ug out of this iuatitution of elavery, which Con- i
reati ia called upon to :ict upon and decide, there i
re none ao ditlioult and trouhleaome aa tbote
ikicli relate to Texaa ; hecauae. air, Texaa haa a 1
ueailo^^f boundary to acttle, and a <jue*tion of
Uveryf^ the feelinga connected with it run into
he <|uration of boundary. The North, peiha|>a,
rill t>e anxioua to contract I'exaa within the naroweat
poaaihle limit*, in order to exclude all lipoid
bar to make il a free Territory ; the Mouth, '
n the contrary, may he anxioua to extern! these
imita to the aourcea of the Itio (iraude, tor the 1
urpoae of creatiog an additional theatre for altcry
, and thua, to the t|>iealion of the liniita of
'exaa, and tha lettlement of her boundary, the
Uvery <jueation, wlui all ita trouhlea and diflicul- 1
ice, ia abided, meeting ua at every atep we take.
Now with rexiiect to thia reaolution nroraiainir '
Iioundury for'I exaa, what ia it? We know the
iflVrrnce of opinion which hue existed in thi?
ouniry with reapeet to ibat boundary We know
liit a very large portion of the people of the
luitnl Slates have aupj>oaed that ibe western
unit of Tnaa was the Nueces, and that it did not
xtend to tba I*to Orande. We know, by thrrealution
of annexation, that the (juration of what ia
he we?iern limit nud the north* rn limit of Tum,
raa on open (|oration?that it hua t ern all along
n open question It waa an open i|ueation when
he tamndary waa run, in rirtne of the aot of ISdH,
larking the boundary between the United Hlatea
nd Texan Mir, at that tnnn, the boundary auhorixed
by the aot of IVIN waa a boundary com*
rencing at the mouth of the Mabine, and running
p to ita head, thence to lied river, thence weetrurdly
with Had river to, I think, the hundredth
egree of weet longitude. Well, air, that did not
o bo far aa Texan now olninta; and why ? Heauae
it was an open question. War waa yet
ging between Texaaaud Mexico, and it wan
ot foreseen exactly what might he her ultimate
mite. But, air, we will come to the queetion of
hat waa dune at the time of her annexation
'his whola reeolution which relatea to the queeon
of boundary, from beginning to en<l, aaauuiea 1
n open boundary, an unascertained, unfixed 1
ouudary to Taxas, on the weet. Mir, what ia tba
first part of the resolution ? It is thatCongress
do h consent that the territory properly included
within uinl rightfully belonging to the Republic
of Texas, may he erected into a new State"
Projierly included in?rightfully belonging to.
The resolution specifies no boundary It could
specify none. It his specified no western or ]
northern boundary for Texas It has assumed in
this state of uncertainty what we know in point of
fiCt existed Hut then the Utter part of^t Sai l ]
State to be formed subject to the adjustment of all J
questions of boundary that might arise with other
Government*. and the Constitution thereof." kc.
! That is to say. she is annexed with her rightful 1
and proper boundaries, without a specification of
them ; but inasmuch as it was known that these
boundaries at the west and north were unsettle.),
ihe CoririMal of the I *ri 11? I States ret .ined to I
! itseif the power of settling with any foreign na
tiun what the boundary should be. ffl
Now, sir, it is impossible for me to go into the I
whole question. and to argue it ful'y. I mean to 1
express opinions or impression? rather than to go I
' into the entire argument. The western and
northern limit of Texas being unsettled and the
Gorcroment of the United States baring retained
the power of sewlir.g it, ! i?, suppose the power
i had heen exercised, and that there had been no,
cession of territory by Mexico to the United
j States, but that the negotiations between the two
I countries had been limited simply to the fixation
| of the western and northern limits of Texas, 1
j could it not have be. n done by the United Slates ,
and Mexicoconjointly? Will any one dispute it?
Suppose there hail been a treaty of limits of Texas
concluded between .Mexico and the United
States. fixing the Nueces as the wintern limit of 1
I Texas, would not Texas have heen hound hy it? I
j Why, by the express terms of the resolution she 1
would have been bound by it , or, if it had been I
j the Colorado or the Kio Grande, or any other I
j boundary, whatever western limit had be. n fixed
by the joint action of the two Powers would have
been binding and obligatory upon Texas by the
express terms of the resolution by which she was
admitted into the Union Now, sir, if Mexico
and the United States conjointly, hy treaty, might
Iihvc fixed upon the western and northern limits
of Texas, and if the Unitfd States have acquired
by treaty all the subjects upon which the limits of
Texas might have operate.), have not the United
Stales now the. power saWy and
which Mexico nnd the unit.d States conjointly
posseted prior to the late treaty between the two
countries I It seems to me. sir, that this conclusion
and reasoning is perfectly irresistible. If
i Mexico and the United States could have fixed
upon any western limit for Texas, and did not do
it, and if the United States have acquired to
themselves or acquired hy the treaty in question
all the territory upon which the western limit
must have heen fixed, when it was fixed, it seems
[ to me that no one can resist the logical conclusion
i that the United States now have themselves a
power to do what the United States and Mexico
conjointly could have done.
Sir, I admit it is a delicate power?sn extremely
delicate power. I admit that it ought to he exercised
in a spirit of justice, liberality, and generosity,
towards this the youngest memhtr of the
great American family. But here the power is.
Possibly, sir, upon that question?however, I off. r
no positive opinion?possibly, if the United States
were to fix it in a way unjust in the opinion of
Texas, and coutrary to her rights, she might brifig
the question before the Supreme Court of the
United States, and have it there again investigated
and decided I say possibly, sir, because I am
tun- tn Mi*< riHn? 01 politician* wtio r.piteve
th?t every question is a competent and proper <6
quest ion for the Supreme Court of the United j
Slates. There ore questions too Inrjre for ony
tribunal of that kind to try ; grent political ques- Jq
tiono, national territorial q neat ions, which transcend
their limit A ; for aueh questions their powI
era are utterly incompetent. Whether this he
oue of those questions or not, I shall not decide ,
hut 1 will maintain that the United States are
! now invested solely and exclusively with that
|>ower which was common tolsith nation"?to fix,
ascertain, and aettle the western and northern
limit* of Tcxaa.
Sir, the other day my honorable friend who
repreaenta ao well the Stale of Texas, said that we
had no more right to touch the limits of Texas
thsu we IihiI to touch the limita of Kentucky. 1
think that was the illustration he gave us?that a
State is one ami indivisible, and that the flcnrrnl
(lovernment has no right to never it. I agree
with him. sir, in that?wherethelitnits are a"certui.w..i
.?I ...c? ? ? ? -?
....... X. nu<? nurrr lur j nrv u mi input?'?!
and indisputable. The General Government L.ui ?
no right, nor bus any other earthly power the V v
right, to interfere with the limits of a Smte whose
houndsriessre thus fixed, thus ascertained, known,
and recognised. The whole power, at least, to interfere
with it is voluntary. The extreme ease
may he put?one which I trust in God may never
happen in this nation?of a ron<|iiered nation, and
of a Constitution adapting itself to the state of
subjugation or conquest to which it has heen reduced
j and giving up whole States, as well as
parts of States, in order to save froin the conquering
arms of the invader w hat remains I say such
a power in case of extremity may exist Rut I
admit that, short of auoh extremity, voluntarily,
the General Government has no right to separate
a State ?to take a portion of its territory from it
or to regard it otherwise than as integral, one ami
indivisible, and not to bo affected by any legislation
of ours. Rut, then, i assume, what dees not
exist in the case of Texas, that these boundaries w
must be known, ascertained, snd indisputable
With regard to Texas, sli was open, all was unfixed;
all is unfixed st this moment, with respect
to her limits west and north of the Neuros.
Rut, sir, w e gave fifteen millions of dollars for ,
this territory that we bought, and God knows
what a costly bargain to this now distracted oounIry
it has been! We gave fifteen millions of
dollars for the territory ceded to us by Meiiro.
Can Texas, justly, fairlv, and honorably, come into
the Union and claim all that she has asserted a
right to, without paying any portion of the fifteen
millions of dollars which constituted the consideration
of the grunt by the ceding nation to the
United Slatest She proposes no such thing. Rhe
talks, indeed, about the United States having been
her agent, her trustee. Why, sir, the United
Slates was no more her agent or her trustee than {
she wastbe agent or trustee of the whole people
of the United Stales Texas involved herself in
,i .. . . L. .VI- 1 ?
m?i?uirjftn iu munr nim nu rrjinmrii ? nonr?
none??i|>on the pant)?Texan brought herself into
a Ntnte of war, and, when she got into Mint war, it
was not the war of Texas and Mexico, hnt it was
the war of the whole thirty lJnite<l Ntates and
Mexico; it wan a war In which the Government
ofthe United States, which created the hostilities,
was as much the trustee and agent ofthe twectynine
other States composing the Union as she was
the trustee and agent of Tcxhs. And, sir, with
respect to all these circumstances?such, for example,
as a treaty with a map annexed, as in the
case of the recent treaty with Mexico ; such as the
opinion of individuals highly respected and eminent,
like the lamented Mr. Folk, late President
of the United States, whose opinion was that he
had no right, aa President of the United States, or
in any character otherwise than aa negotiating
with Mexico?and in that the Senate would have
to act in concurrence with him?that he had no
tight to fix the boundary ; and, aa to the map attached
to the treaty, it ia sufficient to say that the
l rent j itself is silent from beginning to end on the
subject of the fixation of the boundary of Texas.
The annexation of the map to the treaty was a
matter of no utility, for the treaty is not strength
cued by it; it do more athrms the truth of anything
delineated upon that map in relation to
Texas, than it doe* anything in relation to any
uthcr geographical subject that composed the
nap.
Mr. Pre*ident, I hare said that I think thepow?r
haa been concentrated in IheGovernmcnt of the
l'niie<i State* to fli upon the limit* of the State
>f Texas. I hate aaid also that thia power ought
10 l>e exeroiaed in a spirit of great liberality and
luatio* ; and I put It to you, air, to aay, in referrnoe
to thia *econd reaolution of mine, whether
that liberality and juattoe haa not been diaplayed
lu the resolution which I have propoeed I In
the reaolution, what ia proposed t To confine
her to the Neucen' No. air. To extend her
boundary to the mouth of the itio Grande, and
thence up that river to the southern limit of N? w
Mexico ; aud thence along that limit to the boundary
between the I'nited State* and Spain, a*
marked under the treaty of IMI'J. Why, air, here
ia a vast country. I believe?although I have
made no estimate about it?that it ia not inferior
in extent of land, of acres, of square mile*, to
what Texas east of the river Neuoes, extending
to the Sabine, had before. And who ia there can
aay with truth and justice that there ia no reciprocity,
no mutuality, no oonoeoaion, In this resolution,
made to Texas, even in reference to tbn
question of boundary aluneT You give hern vast
country, equal, I repeal, In extent nearly to what
she indisputably possessed before; n oonatry suf[
rot a i h rsox |
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