University of South Carolina Libraries
[CONTINUED FRoM SFcOND PAGEJ The very meninger a treaty is a com pact between indepe'ndenit states loundeil on negotiation, and if a trenty (ns it clearly would be) it must ie submitted to the Senate for its approval, an1I run the butz ard of receiving tho votes (if : wo thirds or the mem'ers present ;--wlicl could ha.d. ly be expected ; if we are to judge from recent experience. This of itseif. is con sidered by the President as a conclusive reason for proposing the rcsolution of the House, instead or the aierhnidmeni of the Senate, as the basi of or nnexatii.'' The above exuract will place yfou in possession of the leading reasons for nink ing the selection. Evenits proIve that the selection was judiciou4. Tex:,s was ot nexed against every ellort of epen ne:v ies and ireacherous friends, both here and there, atnd the most strenuous clits to defeat it by Etgland and France. nnd hy it, your weak and most exposed flaik was protected against datger from without, and the machinations of abolitionists and their abettors at home. It ntis a great victory. both for your cause and the country, and was felt to be so at te titmle. That it was due to the selection made, I hnve the high est authority. Mr. Donalison, in his letter to me, after annexation was achieved. said that any other course, but that pursued, would have defeated it. But Col. Benton now objects, that the louse resolution contained a provision to extend the Missouri Compromise line to the western boundary of Texas, and as sens, that this extension abolished slavery in the State;-meaning, as I surpose, that it prevented the iitroduction of slaves in the portion north of the line, When at the time there were no settlements or slaves. It was not, it seems, the resolution of those who voted for it, and passed it and among them himself, whose vote could have de feated it, that abolished sinvery, as he calls it, but I, who made the selection of the house resolution, in prelercrice to his amendment. The slightest agency it seems on my part, in refercoce to any measure, makes me solely responsible for the whole. It would lie better at once for him to take the ground, that I only nu responsible for all the misdeeds of the government, since I came into public life, Whether otcommission or omission. Butt *hat could I (o ? Thto President had to get, and to select one or the nilier resolt tions,-HIis or the llouse,-The selection was left to him. If that of the louse was tainted by the Missouri Compromise with abolitionism, as he states, his resolution was much more deeply itifected. I havL, his own words for the assertion. lie de clared, this amendment, as adopted by the Senate, was the same with the string of resolutions he had introduced at the pre ceding session; and renewed at the then session. lie also declared, that iltey were generalized and comprised in one, to avoid objections to details. One-of this string of resolutions thus covered under general terms, was to divide Texas into two eqal parts, by a line-drawn North and South, of which the western part was to be sub' ject to the ordinance of '87. A measure, coming fron a quarter so hostile and ac companied by such a declaration, was just ly suspected, as iatending mischief. It was so considered. generally, by the friends of annexation in the Senate, and was as sented to reluctantly and only because Ite bad a few suppcrters, who with himn held -the balance, and refused to vote for the resolution of the llouse without the tamendl ment. Atmong them, if my memory serv~s me, was his friend hiltyward, who was for the covering all Texas atnd the who-le region, North of 360 30' with the ord inance o f '87. TIimco Dounaos et dona fere ntes. I come f1ow to the last of is chiarges; that I abandoned the Soth, anti left him and a few others abate by the side of tho ill-fated owners of the Comet, lsacomiumi, Enterprize, and Creole. Lie does not state by what act, I abatndonecd you, hut leaves it to be itnferred from his remarks, that it was by votinig in favor of the Ash burton treaty, which conted tno stipula tiotn in favor of thae owners oft hose vessels. It is a trick of his to make his charges very taguely, so as totmako it diffrcult to detect Ptis errors and repel his slanderous attacks. 1 admit that I voied for the Ashbur'on treaty. I did mnore, I delivered a speech ifr its favor, which, in the opinion of its friends saved it frotm rejectioni. Its atie was doubtful. TIhe opposititon haeaded by Col. Benton was violent, and it required two thirds to confirm the treaty. I am willing to take whatever share of respbonsi Irility he may think proper to allot to tie for voting for it. I look with ino lit tle satis faction to my course on the occasioni, fromt the belief that I remierted thent gtreat and permaneot service to the country. F'or its adoption was the first link, in that series of cfluses, by'whiich wvar between Great Bratain and us was averted. Who is there now so blind, as not to see, that it' the treaty had been rejectedl, war coul not have beeni avoided I Th~e two contries,I were in truth, on the very eve of a rup sure, the way events were moving at tile time, without citiher being aiware of ii. Ait thte very next session the Oregont qutestion for the first tlme assumed a dangerons and mncitng aspect. A bill wats int rod a cedi immediately after its opening, which covered tihe whole of that territory, the ,object of which was to coinmience systcema atically, the work of colontizations and set ilement on our part. I totok my seat in the Senate two or three weeks after the commencement of i-le session, and found the bill on its passage, without oppositioin, and apparently without division of opinion. 1 saw the danger to the peacee of the iwo coutntries, and that the time had come to take a stand to save it. 1 determined to do my duty regardless of consegnences to mnyself~. I arose, and opiposed it, and there, by exposed mty self to the opposition of the entire wvest, which was strongly irn its favor. Mly tnamo then, as well as when the Ashburton treaty was penditng i n thte Senate. wvas before the people for tile highest honor in theirgifi-placed there, n->)t by myself, but by my friendst. Did I then pernit the low motive of aiming at the Presidency, to which lhe ati-iutes mty course on the treaty, to sway me frota the path of duty ? My stand prevented the bill from be. coming a law, and that constituted the second link, in the series of causes, by which we were etnabled to aver-t wvar lie then went fit fhe tIi, a. 11i i ' "l-1ve. for the w-hlo of Oref m. ilad the realy becn r.- jeited at ti pircea-lin 5es-ion, the stali I took .and ii rei-iein I e mil Io the hill wi:ll have lien alt ill vain. It woolii have passed, an the ounitry pre Cipilnt ini to war; bLut as it was, lime was n'lined, which was all imlpoltant. The agiltaion, hltwowever, Was kept up abotil Oregon, and similar hills n cre it roduced lie I WO Suc(cleding sessions. which ailed bvy small jinorities. lini ihe meanline, ne-otiimion n as commincned a11ni tile ct~limi to Tie whole of Orreon made. Thc cry waq "all -or nonc." and so strong was tihe errnren in its fiavor, hal hithili iaiec yield ed lit it in hli(, em ly pari f ithe ilsession. I had resigiet my seat in the senie, but was re-eh'ecied a short t imc belbre I tie ses shon comm enced, and tiik my seat sever al weeks aifterwards. I Saw and felt the sirengib of ftie cirent, but resolved to brea-t if, anid save the peace of the coin try if possible. ii was arrested and a couter current :rcatci. Col. Ieni on inm self yielded it)ii ti connier cinrren t, and des livered a speech afier lie hatilo was won, in whicb lie beilabored those who stock to '.'al or none" afier ie laund that tiy were in-a minorily. It was this chain or eauses, of which the Asiburtoin treay was the first and indispensable glink which averied war, and biy if saved t ti Iwo countries from one of ith greatest cala-rities which could have beliillen them, and, I might add. the civi lized worid. I shall ever remember with proud saiisraciion, that I took a prominent lead and highly responsible part on tic side of peace thrtghout the whole. I alio admit, int the trealy conainied no stipulations in favor of the -owners of the vesseis, nor any to preveit similar ot rages in future. It was an objection. anl I admiited it to be so in my speech in fi. vor of it not a sufficient ote to iidtice its rejcetion. But, although the treaty coil tained Io stipulations to guard againsi like outrages thereafter, much, neverihliess. Was done in the niegoliatioin 10 prevent them and to placc the soiih - on amlucl more elevated ground in rcferetice to lhe subject, ilian whero it sloud. whel ilie lie goliation commenced. To tiimdierst;itd how much was doiie towards this. a brief statement ol facts coitiected with the came of those reports, is ieccssairy) Tiey were all coasting vessels hiaviln slaves on board, and were all cither stran tied in their voyage frontie Atlantic poris 'to Ihiose oti the Gulf* or the Biritish posses sions, Bermuda and ilia aihana Islands, or forced to put into their ports by stress ol wealer to save themselves froi ship wreck, or were carried itn by ie rii ng of ihe slaves nd taking the vessel into port. Their fate was the same. The slaves were liberated, under circuminnces of more or less violence anld indignity, by tte local authority. Tile outrage was en ormous, and the insult to tic Anerican flag great. - The fist occurred as early- as the year 1830, and all tiider tie alninis. tration of Geucral Jackson or Air. Vio Biuren, except the Creole. Application was mado to the Fxecutive by t' owners for redress. After a feeble anil tame ne gotiauion of many years, the srimiin Uov ertment agreed to comnahiais;ite iti ow - ers in le case of the Comet and Emcomi tim, but refused to mnako any in that of theo E nterprize, on thei grouind, thait the I woi lirst occurred before ther act aif ablishniai slavery had gone into operation, aund the oither after it hado. TIhie Admuinistratiiin (Mr. Vap 13ur~en's) acted~ii Ithe comtpen sationi and acqjuiesed -itt the refusal,'itn the case of the- niterpize, without riemoni strance or protest, antd thus waivedl our right antd aidmtit ted the atisurJl anal idanger Otis piiueiple, oin which tile refusah was Whlat the Aiiniistraiion shamefully omnited to do, I resolved to ito thironghi tie Seinate, if polssible, and wi i to ht view1, and iti order 1o pierpe~l~tae our claim of right I moved in lthe Satiate, ini 1S-l). thie ihrec following resolutiotis, anit- succeeded ini pasig thiem hiy a unan imous00 vole, with somec slight amndmnen t, Col. DeantLan volinig for itemi, buo no1t standitng by mu, as lie says, fort he uever uttered a word ini the ir support: "Relsolved, That a ship or a vessel on the hiighu seas, ini ilme of peace, erigageid ill a lawful voyage, is accorditng to the laws of tnations, under the exclusive jurnis dictioni of thte State to w hich her flag be liongs ; as miuchi so as if constituting a paort oif its own domint. "Itesolvedl, That if such slip or ves sel shoud btte foirced by stress ofl weailier, or other ulnavloidle~~ cause, inito the port of a friendly ponwer, she would, under the samite ilaws, lose none of tie righiiis appiter tainintg to tier 01n tie high seas; huii, lon the contrary, she and lien cargo anid pnersonss 11onorid, w ith their properity, anid all the righlts belonging to their personal retlions, as estatblished by the~ laws of tie State to wvhichl they belong,twtould tie placedI under the protec~iiti. which the lawvsof nationis extenid to the unifoirtunate under such cir eumostances. "ilciolvei, That. the Riig Enterprize, whuich wvas fhreid uunavoidabily by stress of weather into Port Ilamiltonf, liertnuda Island, whlile on a hawfutl voyage oni thei high seats, fromi one part of tihe Uaiion to ano11 Iben, clinis wiidbn thne pincipile etm braced in the foregoing resolutions; anid that the seizure aund detention of tiin tne groes on hinai by Ihie iocalI ambor ily if the lslainds. was an act in violation of thne laws of no ionis, and highly tunjusi Io Ott own eiilizenis to whom they belong." Such) was thne condiiomn in whtich the aihninisiration of Mr. Vtn Un ren left these outrageoons cases. They never were brought to theo notice of ithe public, aunt he pinciple first'cotendeihd foir was sunrret dered, anid thait mnainitinced by Grcat Britain in the cise of die Enterpize ac utiesendl itn; andt, ofeonurse, alleclaims of compieinsationt on tie part of the owners rendered hopeless. T1hec following ad.. miutnstration had nothing to s1tnd on. but my resolutions and the voile of thea .Scnato in thieir favor. 1t then "the ill laled ow ners" wvere sacrificed, it wvas not by mec. Their case was rendered hiopeless by the pireceditng administrationi, with which Mr. Henton was intiaty associated, and in whIichi he acqu'iesced; for ho never rais etd li-i voice in their favor, in the lon pneriod of ten years, durinig all which timeo hais voice inighi ii havectie potential. I titrnow ov Ie -pladin wvhat wans dlone itt to, % bich ended in the Ashburton treaty, :tnd how mtucth ilie South, which lie ac eInW4 m1e .s having abandoned, has gained by it. For that purpose I insert an ex ;ract from my speech on the treaty. "Such wns the Stale of facts, when the negotiations commenced in reference ito these cases; and it remains now to be shownin what state it has left them. In the first place, the broad principles of the law of nations, on which I placed our righlt, in moy resolutions have been clear ly stated and conclusively vindicated in the very able letter of the Secre tary of State. Which has strengthened our canse not a little, as well from its intriisic merit, as the quarter from which it comes. In the next place, we have an explicit recognition of the principles for a bich we contend, in the answer of Lord Ashburton, who expressly says that. "On the great general principles, all'ecting this cae,'' (the Creole) "they do not diffier; and that is lidlowed by "an engagement that itistructiotns shall he given to the -Gov erno's of her Majesty's Colonies, on the Southern bordersof the United States, to execute their own laws with careful aiten tion to the wishes of their government to maintain good neighborhood; and that there shall be no officious interference wit h A terican vessels driven by accident or violence into t heir ports. The laws and duties of hospitality shall be executed.' This pledge was accepted by our -Execu live, accompanied by the express declara tion of the President, through the :Sccre tary of State, that the places his reliance on those principles of public law which had been stated in the note of the Stcretary of State." 1lero we have a positive acknowledge ment of the principle, which the admittis Iration of Mr. Van Buren had abandoned nd a pledge that necessary measures Would be taken to prevent similar occur rences in future, and the Idws and duties of hospitality be executed. Now when I Mtdt, that all this, thus far, has been faith fully cxcculcd, I may assert with truth. that yot gain much, far more than I had hoped. cons-idcring the state, int which the subject had been left by the preceeding ad mi:iistration. So much for the charge. that I had abandoned you on the occasion. and the assertion of Col. Beaton tiat lie had stood by " the ill fated owneWs," I havo now repelled all the charges, in. tended to shake your confidence in my fidel ity to you, in refrence to the most vital of all subjects to the South. I have shown that they all rest either on statoments that are utterly falso, or conclusions that are eitirely erroneous or inconclusive. I have also showtt, t hat Col. ijenton has involved himself at every step, in false statements, conttr adictions, inconsistency and absurdi ties. I will not any, that he made his charges knowing them to be false; for that would brand him as a base calumnia tor and slanderer; but I will say lie ought t) have known they were. It may be, however, that lie was too much blinded by his lassions atd prejudice or lacked the dliscrimtination to perceive they were. I have passed over all that was directed ;tapaLqL.ilJ. me I* nratty-rU ttt umtIteflomr vo impech my fidelity to you and your catuse ; ibecause it did not fall withi the reasonts, whlich induced me to notice him at all. .I have also passed over the torrent of atbuse, Ite has poured out agaitnst me; nt ottly for the same reason, but because I deetm it beneath my notice. Hie doubt less thinks dill'eretntly, and regards it, as the littest ptortioin of his speech; for he has uscd expressions, which pretty clearly in itndicate, that he anticipates, it will raise him i. o the level of the great Athenian urn tor. for iridigntant dettunciation. lie mtis takes his fate, lie wvill be fortunate, shttuht -hte escape sinking to the level of Thiersites. ife seemns, not to apprehend, that thec differentce is wide between the in digntant elognce of patriotistt anti truth andI seurrilous defamation. I also pass over his atiaek on the Southerni -Address; htucatuse it has been too generally read, and is too weli utnde-rtond, by you for htitm to Io anty mischief by assailitng it. Thte wontder is, that he should venture to matke an attack in open day light. rThe remtote twilight regittn of the past, lying between truth and fiction best suits his tasty and gemuits.. Passing all these hy, I am brought. to wher tie thtrowse oI his disguise, antd ott trs the campil of the enetmy and openly p'roclaimning himself an abolitionist. en dlit-es all their doctrines, and-steps forth as tireir chtatmpion. In that character, he assum tes a dicta torial air, atnd prontounees diat it is absurd to dotty the power of Cotngress to legislate as it pleases, on the subject of slavery in the territories ; that it has exercised the power from the foun daitioin without being questiqJ'ed, unttil I in trtdutced my resolutions; that slavery is local ini its character ; that it muist be crea tedl by law, and cannot be carried an inch beynd the limits of the State that enact ed it ; that slaves cannot be carried imto New Mexico .or California, because the Mexican laws abolished slavery there atnd are still in force, and concludes, that it is a tmere abstract question of n'o importance, becatuso the people there, and especially the l'oreigners, are opposed to it andl will not pcrmnit you to emigrate into the territo ty withI your slaves. I do not propose to enter into a formal repietit ion oif assertions so ostetntatiously pronounced. It is not necessary. They u cre thec same that were put forth and re lied ott by those opposed to you in the disctussitn ott the Oregon territorial bill durinig theo sessiont preceding the last ; and which wecre then fulty met and refuted bty me atnd others, n ho took your side of the questiotn. WVhat I now propose is a very sumtmary anid brief notice of those several assertions. I begini with' that which asserts, that Congress lhas the power to do as it pleases upou the subiject of slavery in thie territo rics. I dcny.the assertion and maintain hat Congress has no such power over slavery there or elsewhere, or ever any ther sub'ject. I deny that Congress ha. any absolute power whatever y or that it tns atty of any description- escept such as are specilieally delegated, or that are ne :essary and proper to curry thetm itoex acutiont. I minztain, that all its powers ire delegated and ti-nat powers, anti not tositive and absolute, anid that all of the mter deseriptiont betotnga exclusively to hnJ ntnile of the several Seta i-n thr-ir sovereign character. I also holl,, that Congress is but their representative andl trustee, and that in carrying into execution its powers, it cannot rightfully exercise any inconsistent with the nature and oh ject of ilie trust, or with t lie character of the party who creatid the trust, amid for whose benefit it was created. I finally hold that instead of having the absolute power over the territories of doing as it pleases, that Congress, is restrained by all these limitations, and that its power to exclule you from emigrating with your sluves in to them, cannot be maintained without de nying that ours is a government of specif ic powers ; that it i- a Govertiment Of which States and not individuals are the constituents. said that Congress holds its powers as delegated and trust. powers. Nor can it be naintained, without assu ming that ours is a consolidated Govern ment, and holds its powers ablsoutely in ius own sovereign right of doing as it pleases. I also deny the truth of his next asser tion, that it has extrcised the power over the territories as it pleased, without being questioned until I introduced my resolin lions. I maintain on tne contrary, that such power never vas exercised by Con. gres-, until he and his associates passed the Oregon territorial bill. That was the first bill containing the Wilmot Proviso, that ever passed, as has been stated-pass ed solely to assert the absolute right of doing as it pleases. All others, including the ordinances or 1787 were passed as compromises which waived the question of power, as has been frequently shown. Nor is his assertion innro correct, that the power never was questioned, until the in-, troduction of my resolutions. It was questioned from the start, beginning witt the ordinance of 1767. Mr. Maladison pro nounced that it was adopted without a shadow of right. Since then, it has been acquiesced in not as a right, but as a coin promise until the North refused all com promise, and forced the South to stand ont its righia, where it shuld have stood from thc first. The next assertion that slavery is local in its character; that it must be enacted by law, and cannot be carried ani inch be yond the limits of the State. that enacied it is equally unmaintainable. It is clear that in making it, he intended to affirm, that in these respects, property in slaves stands on very different ground from every other description of property. I denv tie ract, andl maintain that there :s no distincti'on betweei it and other property, in that respect. It no more requires to be enacted by law, or to express it more specifically-to have a positive enactment for its orizin, than property in land or any thing else. The rmln tion of tnaster and slave was. one of te first and iost universal torms in which property existed. It ie so aticient, that'tlere is io record of its origin. It.is probably more ancieit thani separate and distinct proiemty itt lnds, and qmte as easily defended ma abstract principles. So ftr from being created by isitive enaet.. nent I know of no instamnce. inl which it ever was, or to express it more acurately, in which it had its origin in acts of legislatures. It isail. wa;s older, Ihan the laws which titidertlake to regmlate it, and suct is the case with slavery, as it exists with us. They were for the most part slaves in Africa, they were homglt as Slaven bronght here an ataves. soid iero nX slaves, ati ield as slaves, long beforeanity enact mnt made tmlin slaves. I even doubt, vheth er there is a single State itt the Soth, thmat ever enacted thtemin~ be slarves. There are hunidreds of acts thmat recogntise anid regn lnto them ats suecle, bitt none, I nprrehen'.d that unmdertauke to create thmenm slaves. Master amid slaves are conistanttly regarded as pre-existimng relations, Nor is it any more local in its cbaracter, titan other property. The lawt~s of al countries in referencee to every thming, inicludlinig property of every kiind, are local amid cannot go tin inch lie yomnd thme limits to whbicht the authority of time country extemids. Int ease ofjproperty of every descriptioni, if it passes beyonmd time amitimormty of time counitry where it is, into ainothmer, whmere the same descriptioni of things aie regardedh as pro.. perty, it cot-mnettts to he~ so there, bitt becomes subtject to thme lawvs mad regulattionts of the palace it referemnce to such propmerty, But, if it ho prohibited, as property, itm the ecmnntry iinto which it passes, it ceatses ton be so, immless it hits bieen forced in, uder circummstances whlich placed it tundmer the praotectioni of itrational laws. Titus, one andma thme samei pirinacipa :ipply in this respect to all property ;im thmings nut mtate or inanmimaate, amid rarti-.aml or irratial. Thmere can be nao exception; as pmropetrty every where, ad of every kimd, is suibjet tin tie coin. troli of time comuntry. Thuiis fair, Ii hoid that thcre cain be no reasomfbie doubt. Nor enin there lbe anmy, thma thme satme prinici pie aippties betweenm thme sevcratl States mi our system of government. Slaves or anmy tihemr proper ty carried into a State ;where it is ailsot property, coantianues sill to-be so; buat if inato oine, whiere it is prohibited, it ceases to be properay. T'his is admiiiued too, by itll. It as also nditted by all, that thme genierai governtmenit camnnot overrnile the laws of a St:mte, as to what selnli mr shall not be property, within the limits of its authority. Thie only qumestiona theni is, whatt is tihe power of time geaneralh govertnmnt svhaore its anthmarity extenidm beyond the imius taf thme ain thmority of time States, regardead ina their separite anid individual characeter 1 or to mnake it matre specific ; can it determinae whatt shall, or shall not be property in time territories, or whecrever else its authority exaendIs, heyond thait of of states separately? or to mnake it still more so, can it estaiblisht slavery ini time territo rieat? cana it enact a law providing' thmat any nearo or tamlatto found in thme territorins of the Umnited States sihali oc a slave andI be liale to be seized anad treated as such by whoever maiy choose to do so ? 'According-tat Col. Benton-s doetines that Gonigress umay legislate as it plea.. ses, upon time suibject of slavery itt time territo ries, it wvould hmave theo paower, buit I douibt whmethier thterae is anothter iaidividumal, who Wvonid agree with him. But, ifit has not time poawer to estlblish slavery in thme territories, ihow can it have the power to abolish it? The otte is time counterpaart of thme other, anmd whmere is m-lhe pro vision oftihe constituttiomn to be fuand whmichm au thorizes theone ammd forbids time ohecr ? Thme same qmuestion may be prompounmded -as to pumblic anid private vessels beloniginig to time United States and (their citizenis ott time high seas; for time priniciple, wvhich applies to time ternitories, eqaaly applies to them, amid to all places, to whmichm the anthority of time geaneral government extemnds, beyond the states regard ed separately. It is, indeed, a gre at tmisconception of tihe character and object of time generah governmnt, to suppose that it hmas the power either to estab h:uh or abolish ahavery, or any other pronperty. where its authority extends beyond the liimits of time States regarded individually. Its anthority is bait the united and joint authority of the seve ral States, conferred umponi sit by a conm,titution, adopted on nmutmual agreement, but by the sepa rate act of each State, in lilke manner mf evemy respect, as cacti adoptedl its separate constittiona wvith thme single exceptioni, that onme was aidopted wvimhitrt, miad time oter oat mnmm-mnn agrceemenat itf tail time States. It is thenm, intflt, tire conistitin. tiomi uifeuch State, as mntachi so ais its ownm sep~ rat. contuittntion, maiii is uttly thec comistiumtioan ofar iha States, because it ist h.,at of..., As the constitition mnde the generil ivermint, tiat tou is, inl like ntnimer, as much thi' goverin mentt (l' :tch staitot a:s its ows ste.parae gover-tt iment, anid only the goivewrntent of' ll. l,he:iA it is the govermient of* iteh. .o likewike are its laws, iaiud'flor the same reasou. ,l's aithority, then, is but the inited and common authority or the sevetal states, feleg:sted by each to be ex crcised fur the mntual betetit or eachs ant nill. and for the greater seenrily of tie rights aid interest of each and ill. It was flor that pur, pose, tle states tlited in a feleral tintion, atnd 11adopted n common constit mion ant govern. tnent.-With tihe sne view, ty coiat'erred upon tihe government whatever power it las ofregnitat ig and protecting. what nappertaied tt their exlerior rehations- amnmg themselves with the rest cr the wold .neih, in brief, agreed witih the others, to unite their joint anl thority amid power to prolect the safety aid rights and promote the interest of* cuch by their iiited power. Snch is clearly the character find object of the geierail goveritmtent, and of tihe aittinutiity amd power coineired on it. Its power and ait ihority. having flor its object l1w iore perfect pritection and primitotiont of, the safety nid rights of ecih tad all, it is honnd to protect by their united power the safety, tihe rights, the property, aill the interests of the citizens of all wherever its aitiaarity exteinldt. That, was the obiject f'or confi-rring- whatever power find in thority it has.nnd if' it faiL" to fhifil that, it fails it) perforin tie dity for which it was created. It is enough for it to know, that it is the right, interest, or iroperty of a citizen of one of' the States, to make it its difty to protect it when ever it comes within tile spiere of ittinttiority; whether in the territories, or ott tie high sens, or ainywhere else. Its power and authiurity were confcrred on it, not to establish or to abolish property. or rightis of any description, bilt to protect thimi. To establisih or tbolish belotigs to the States. in their separate sovere ign capacity--the capacity in which they created botr the generni aid their separate state gov ernments. It would he, then, a total and gross perversion of its power innd anthority to use themi to establish or abolish slavery or any other prolperty ofthm citizetns cf lte U. Stittes. itt the territories. All the power it ias, in that re. pect, is to recognize as property there, what ever is recogniztd as suich by the authority of any one of the states, (its own being bit the mited auithority ofchl mnd ill of tle States ) nud to atdopt snch laws fill its regiation mid protection as the state or the eise may reiire. Nor is therethoslightest danger, that the recog iition of the property m f citizensi o'each and all the states withiii the territories. would turn tilCu into a babel, as Col. Benton cointends. All may co-exist without conflict or confision, by observing the plain and simple rule of duty and jmustice. There is another error akin *to this. 'that the Mexican law aholishing slavery is still in force in New Mexico and California when not a particle of its authority or sovereiruy retains in either. Their conupcst by us anl the treaty that followed extiniihied thie whole, and with it, aimnulled all her laws applicable to them, ex. cept those reinting to snch rights of propett-y and reiations between i dividinis, as may he necessary to prevent anarchy; and even these are continued only by suf'aice and tni tile implied authority of the conuering country and nut the aulhority of ti conqured, and only froin the nencissity of'the case. Her laws abolishing. slayery. nre iot embraced itn the exception; aid iW it were, it woald be taken out of' it, as the assent of'Congress could not be ipilied to continue a law, which it h:td no right to cs t.tblish. O Bit sill highe: grond nmy.bortaken. The omennt the territoary liecamnte ours, the coistito lion passes over and covers lite whle with all its provisions. which. from their naturej are np. licatile to territories. enrrying with it, the joiti sovereignty ni attihoity of' eaclh and all the states or the Uinion, and sweepinmg away overy Me'xicant law, inctotmaibhle with tihe rights, pro perty, and relationas, belogintg to the citizents of the Unitted States, withont regard to what state they belong, or whether it be situated in the inorthmern or southtiern sectiun of the Uniion.' Thte citizens oif all have egual rights of protec tion in their property, m elatons amid ipersoni in the cotnmman territories ofreacht anid all the stattes The same power, that swept away all tite laws ofi Mexico, which made the Gathmolic. religiom, the exclusive religion of thc counitry, anid whticht let ini the religiona of' all denaominitiomns, wvhichi swepat ntwnmy til the laws prohibiinig the ino udmttioni of ptrop~erty i olnhuost ever'y description. some absolutely anod otthers iuder the condition of paying dumties, and ietting themt in ditty f'ree utntil othterwise pirovide'd for, swept that which aboiilihed slavery, amai let in property in slaves. No distictioni cant he tonade between it anmd anty oilier descripttion oif plropetrty or thitng contsis wtntly witht the conmstitumtion nd the equatl riglhts of tile several states of' the unionl and their citizenms. But -.e are told bty CoI. Denton, that flue asptessi on has.' hetnomeu a tmtere abmnacttion 'of no imoportanmce ; that. few ha~ve gonte inuto either territumy, exceplt citizents ofi the north and f'or eigners; tuad that. thtey are all oppomtsedl to us. What insmult ! Whaat ? t'annut its bmy telling its we cantnot go int' ihemo. henuse f'ureigners andh others hauve heetn let ini freely, antd we kept out lby thue treat mif couafiscanttogotur property by hiltutIf' atid huts nusocmites, huave becomeau snflic'ietly numterus to kieep ns out, withuout the iunterveint of Congress to aid thecm ! lie knewv lluat "propeuty is tiumid"u anid commit he keplt onut lby thr'eats, anid tht to keep us hnt cor a shuort timue was' otno of' thte ways to exeintde us nklimtately. Whtat a coutumut oun time cijtity aumd juustitte of the gotvermnment. thaat wve, whot hauve so f'reely spent our blootd anad treasure to coniqiier thue cont imtry, shaouald be excluded i'roam till its beinefits. while it is left open for thte tnse andil emjoytmenut of all that rabble of foreignters, which Ite ennmterates with sucha zest, us time efliciett nteums ofl'ur exclusionm. Is thuere anmothier in-' stance of suchm an ontrage to tbe rftad ini time htistory of any other governmuenat thaut ever ex isted ? H is avowal of the doctrines of thmo abolition-. ists, will heave ant ell'-ct, lie little sutspecte'd, whten lie metude it. It curntishes ample evideitce to showv thait Ite usedl decepitimon in assignmug his reasonms for declinanig to obey theb instrnmc lions of htis legislutnmre. It-will lbe renmembleredI, lie offet.red as his renlsonas. that thei.ir resnhtions inustrntetinog ima were borrowed fr'om tmitne, iand that iminie were inutroiduced lfar dfisuation puarpo ses, andm that there was nou diff'erenmce between tena, except thait mimne nitmed dlirectly at this. nu~ion, titd theirs ntltunatehy at thec stoie thaing. lie added inm etl'ect, titat his devotion to time Union'wvontd ot permit htiim, to voate for resultn, lionus so dleeply tuited with disnionui.--That was at the commnemet of htis speecih. We now have itt its eonuclusiton, conclusive evi, dhence from imnself', thmat all this was a muere fetcha, a stratagom to coniceal his real mtotiv'e for declinaiing to obey themi. HI is real muottive, ais it now iappears was that he couhl nott vote foar thmem Itunder anty circuumstantces, for htow could an abaktionmst as lie avowed hitmself to lbe, pos sibly obey resohiutionis, w~hioh ate utterly at vat rinnce with thmeir doctrinmes. To obey wonhd htave inuvolved hiim inm p:dlpable conttramdiouiona, so umuchl so, thhnt it could not futil to prostraite, anmd to overwthlim m with shamett it' ha is ntot tto shatime inviulnterablhe. TIhis he saw, and tha~t lie hmad no aiterniative left, bitt to resign or disobey. He determinied int favor of the latter; limt ts of' itself', didl tutt relieve himt of his dihltma, H'o kniew welI.-that it woauld defeaut hmis object to COme onit bolidly, and ay thatt hue had uthdtre'd hlis foirimer creed nelt~ uaipted thaut oh' the abolhi tiontists. And hence, Ite wams f'orced to ttdtt smoume tither Xexpeienut; tand t'or thatt fpuirpose', adiipted thue mtiserablo paretext tuf e~aleuruly carnit ma mitd tm rcsulutionis atad his meua le~ti.t~aore iand ilheir res*'lutionsj witht di'anien, andl of ngng thnt as his renon or not oleym tm . I len h kne w that his position male it m.pn'hle for hiin to obey them; hot these are notl tt,, only oesointoms adopled by Ie iegisluttre! of hi.< Sutte to itstrtct him. 'he previous LegIAldlire atiipted two others, of wlachi he s.ys, that tliy' truly express tho sense StC iho tamte. andi that lie oiheyel them, nt1 only in their leuttor, tlnt spirit. They are ill tIe, following weird.: "Rcslved, ha'lt the pence, permanency d welirei of our on ieaniml Uition depend utpon a strict dlieheraten o tl tht letter untd spirit of th 8th section of tihe act of Cngress of the Utdtedl stai es, emattitliel, -'an act to authorize the people of the Missiri territory to form a conistitution and Stotte govermnittnt fir the adniesion of such State into the Union onl nit eqnal footiig will) the originnl States. and to prohibit tlavery ill cerlaitm teritturies:" pproved March 61h IMo." itesieled. That our Senators in the Con grems of the United Slates tare hereblmy instructed. aid our represenlt1atives reqnested to vote id necordaince with the irovisions and the spirit or the said dit section of ihe said ,act, in all tid qluesttions whiclh may come before them in reld. tinn to the organization f new territories of States, 11it of the territorf now belonging tl the Utited States, or which hereafter may bd nuclitired either by purchase, by treaty, or by coniqIest." It is proper to observe, that the 8th section Id which they reter cotaiiis ilt Missouri coat promise, wich estaliihed 36. 10 , as the divi ding line betweei the slave-holding and no. slavelholding States, driaivt between the west ern bounid itry of the State of M issonri and the western boiolary of Lontisianiin. These reso lutions ie stys lie obeyed. in letter and spirit, wheii in fact he 1hagrantly viitltted theni, by his vote for the Oregot ter atorial bill, prohibiting slavery in that territory, withont any coipro tise inexed; and tfat too to assert, the prin ciple of atilivnited ftower of Gongress over the. terrtorie, and in openi deliance of all compro mtise. lie calls that bill his proviso, and well lie iay, for he Iassid it, when it was in his - power to defe it it. A very few remarks will snilfice to show that I It lye not expressed myself stronger than triti warrants. The first resilution1 asserts "that die peace, harmony, atnd welfare of our national Union dep ds c ;upon a strict adherence to the letter and spiritofrthe M issouri comptromise, and the binot instritCts *tiir Swntors lnd representatives to Volc in accordancc with its ptroiisions and spirit in all questions wahies tay' come ur before tham in rdation to the organization of new terri tories or States. out of territories now belonging to the United States, or which hereafler may be acquired." No instruction could be more full or explicit, or assign stronger motives for obeyig them, especially to one professing so great a devotio-, to the Union. There is no tnistitkiig the meaning. . He is .instructed to vote for all bills in referdtice to the territories which may cotiform to tie letter and spitit of the Aissotri compromise, atid agniitst till that do tot, that is, to vote for all thiiti ettend the line westward from its terminus on the western ..' boundary of Texas, for that is its letter; and. to secure to tle Sotth toat poortion of the terti lyintg oti tle Southern side of the line, - titlly nats that comnpromise did in fa territory which lay ott its sonthern.s vote ngainist all bills, that did no menait by its spirit. There was put inl "spvirit," fAr it was un the doctri ne began to be b or Alexico abolshiig saiv' itn frore, tniless they w venited by some eIfect remarks can iake and lie now stand the instrctions .o himself praises, an pretend to chirgaew I notice in theia -tioni, that Col. lBe tide to cotifound tti alt other comprou Wilmot Proviso. desire to screen hti ing voted for thte Wib int! it withi othter m oifensive; hutt I seaid, thm more powerfutl reason, wvh edl itt the sequel. Thec seaso'. himself, if possible, ntninst dhe above exceptiaon. If lhe could ptossil that the Missuinri comtpromuise and t Proviso were idennteal, as he 'would have constitnentts believe, tom obecy the one would to obecy the oilier, lBnt I have showdt that was. iimpossible, and thus lie is left, without the'possi tiility of escapinig the charge of disofreyrng them. With a few additional remarks, 1 shall closo GuI. Beniton assigits devotion to thte Union as his motive for takitng the conrse lie has; a nd by ituplic-non, cha~rges yaours, as being the side otf disuntioni, antd his and the nholitioisat's thait of un'torr. it thi.4, hi. buit follows the ex.. umletl~l oit ail n leo have betrayedl you ; our in-, tetnd to betray yont. It is so colimmou, that it has biecomte nooriauts, thiat a strong profession of attachmeneit to the Uniiona andf conidemnutaten of whntt is enlced the violence and oltrairtm of' the Sauth, atccomtpanied by a volley of abuse ofl mae, atnd thte abseince.of all cetisme or con demnitationi ot yonr assaihants ate certaini sigtns, thiat hte who tatters ithenm is rendy to seize die first opuporttuity tat desert youtrcennse. To these rignis toay be added anether-an appeal to thtat portimst of the farewell addlrcess ett the Father of his counttry, quoted by Col. Benttn, unldcr citentmatinces which tmake its application apphy to yotn. and not to those whto .snail yein. I re~spaotd to every word it conitains, with a htearty almetn. It is indeed deeply to be deplohured, thaet patiies shioauld he dlesiated by gceigrapuhical potsntion, antd I regard whatever piarty of induiviadnal miay have ecnnsed is, as de servitng of pudblic reprobation. Bet to avoid geotgrap'hlienat designationt of parties, it is inidis'. petisable thiat ea~h section of' the Umiaon, shtoia respect the rights of the others atnd carefull~y abistaini fromt violating thiem. Utiless that as elane, it will lhe imptossible to avoid it-aggres. sion n ill, antd eught to lend to resistance on the1 part of those whloe rightsm are tratmpjled utpon atid safeily entdatngereud. Sectiontal assault on onte side aned sectiontal restsiattce on thje ether, canntOt fail to henad to sectional designation of piartiese. VTohteuae n'nd responsibility rightfulh. ly lialls oni the sectionl that assails, and not that 'I which repels asiankls. Which that is in the presenit case admeitse of neo doaubt. The Sooth has been oii the defenisive throughtoat, and hiorine for a hotng series mof years. itndignitiets and enucronchtmetnts on its righits atid safety with a patienuce unemxatimed, tad yet site is bnsely charted with disnneimo, atnd the North lantded as its nelvoente. We muast hearnl to disregard such -tnfountded and unjust charges, amid manfutlly do onr diuty. to save both tile Union and cuir selves, if' it enn tie dione cottsistetly with our e'quatity antd sifety ; ande if ntot, to save otnr selres at tall evenuts. Itn doing so we shouhkl but folloew the enni mpiie of out Wasshing ton in, thte great struggle. whaich served the nuiont between the caolonieie md the nmoulher couttery. H~e was ardetly iattachmed tin thtat Untion, struggled htard to preserve it bmy re-istitng ite enucroachments of Pniriimuetnt n thceuold andtelestabmlishedl rigihts aid privileges of the -coloniies, bitt the lily -and in-. liattatiOnl of Parliament, and thevile machina-. tions of torie amuong uunrselves, rendecremt all his 'elhrls and thoese oaf te patriotsm, ouf his day, sna :availing. The world kntmws the coeuence. , My sinceere prayter ir., thtat those whlo are en crionching atn mutitr righus-righIts essential to onar saf'ely, and m tore~ solemnlity gitarcentied thtan thoso of te camlenies, mtay, nts well t'or thteir sakes as .airs, priel tby the exampltue. .lthlN C. CAL110UN. ain-r lInt.t.. Jinl th, 169