[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