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of the white man, by whom he is raised position of the slaveholding States. It leaves from a horrid and cannibal freedom, to a the territory free and open to all the citizens useful and important servitude. He has of the United States, and would overrule, if been taught the arts of life, but he has not adopted, the act of the self-constituted Territory
of Oregon, and the 12th section, as far as it been taught to live in organized commu
relates to the subject under consideration. We nity. His future amelioration must neces
have thus fairly presented the grounds taken by sarily be by a slow progress, and more by the non-slaveholding and the slavebolding the gradual effect of circumstances than by States, or, as I shall
call them for the sake of any sudden or violent efforts, which would brevity, the Northern and Southern States, in end only in his extinction.
their whole extent, for discussion." Though, therefore, we regard the extinction of slavery, (not of the slave,) as This statement lays the subject of the one of the great and desirable ends of controversy between the slaveholding and statesmanship in this age, as it has been in non-slavebolding Sintes; whereas it lies all past ages, we admit no violent methods, properly not between the States, which no unconstitutional interference, no fero- are merely governments, and have only an cious denunciations ; the work must be interest of guardianship in the matter, but done by those whom nature and the laws between slaveholders and non-slaveholders appoint to do it, and they must be allowed generally, in all parts of the Union. Mr. their own time : liberty in this particular Calhoun and his friends have succeeded in is so absolutely theirs, any attempt to in giving it a sectional aspect, but a slight fringe upon it is a declaration of war examination of the grounds of this controagainst our institutions.
very shows that it is a contest between the
possessors of a certain kind of property, On the morning of June 27th, when the who are a small minority of the citizens, bill for an establishment of a territoral and non-possessors of the same, who are a government in Oregon came up, “Mr. vast majority. Were the favorite princiBright, of Indiana, gave notice that he ple of Democracy to be called in aid of a would move the adoption of the Missouri decision, the question would be abruptly Compromise, as an amendment to the bill, settled; but the South appeals to the conat a proper time in its progress. Mr. stitutional principle, that the rights of each Calhoun then rose, and in a speech of and of all shall be equally respected. moderate length, as is usual with him, but Non-slaveholders in all parts of the full of matter for reflection, set forth the nation who wish to emigrate into the new position and opinion of the extreme South- territory, claim that this peculiar kind of ern party as he represents it.
property shall be declared contraband by
Congress, and its importation forbidden. “There is a very striking difference between The citizens of Oregon, who, in the absence the position in which the slaveholding and of a protecting power, very properly estab; non-slaveholding States stand in reference to the subject under consideration. The former such time as one should be granted them
lished a government for themselves, until desire no action of the Government. * * * On the contrary, the non-slaveholding States, by the people of the United States, have instead of being willing to leave it on this declared their wish in this respect by laws broad and equal foundation, demand the in- against the introduction of slaves. Here, terposition of the Government, and the pas- in the territories of Oregon, the free sage of an act to exclude the slaveholding States laborers, who feared they might be from emigrating with their property into the territory, in order to give their citizens, and those driven from their homes by the introducthey may permit, the exclusive right of settling tion of slaves, have protested against their it, while it remains in that condition, preparatory introduction, and this protest every citizen, to subjecting it to like restrictions and conditions be he slaveholder or not, is bound in honor when it becomes a State. The 12th section of to respect. The free emigrants do not certhis bill in reality adopts what is called the Wil; tainly wish to injure slaveholders, or, as Mr. mot proviso, not only for Oregon, but, as the bill Calhoun says, to exclude citizens with their now stands, for New Mexico and California.
The amendment, on the contrary, moved by property : with their property in any the Senator from Mississippi, near me, (Mr. other shape, citizens would be welcomeDavis,) is intended to assert and maintain the nay, joyfully received into the new terri
tory: it is merely against the form of the understand the Constitution and their own property, as being of a kind that will de- rights, are concernd, no such design is enstroy the value of their free labor, that the tertained, nor will it be thought possible emigrants protest. In such a view of the in future to grant constitutions to States, case, it is evident the necessity for the es- endowed with any other than a sovereiga tablishment of a free territory for the em- power. igrants is an imperative duty, enjoined by The Senator then proceeds :humanity and honor upon Congress, and our confidence in the integrity and justice of
“ The first question which offers itself for Southern Senators will not permit us to consideration is : Have the Northern States the believe that they are not fully sensible of power which they claim, to exclude the Soutb
ern from emigrating freely, with their properit, the propriety of such a policy.
into territories belonging to the Unities States, That a policy of non-interference in this and to monopolize them for their exclusive matter would leave slaveholders and free benefit ?” emigrants upon a broad and equal foundation,” as the Senator claims it would, But the question, we repeat it, is not of is obviously not correct. Were the new · States;" States are not to emigrate. territories left free to all kinds of prop- South Carolina is not, surely, about to more erty, the slaveholder, with his band of ne- bodily into the new territory! It is begroes, has a great advantage over the tween citizens only. But does the Senator free laborer. Slaveholders, therefore, hav- answer the question as it really stands, ing certain immunities and privileges, in namely, whether this Government has which they are protected by the military power to declare any species of property and civil force of the United States, all that contraband in the new territory? the non-slaveholders require, is to be de- “Has the North the power which it fended against the injurious effects of these claims under the twelfth section of this upon themselves.
bill ?” he continues. Is not this a ques. The question at issue, and which is at tion which involves a wrong supposition ? this moment proceeding to a decision, is It is not the power of the “ North," but of whether the peculiar privileges and immu-Congress, which is now to be considered. nities of the slaveholder shall be permit. We are to inquire whether Congress has ted to deter and prevent the emigration of power to declare contraband any species free laborers from all parts of the Union of property in the territories; but, as beinto the new territories. If any person fore, giving in to the usual loose and parcan discover injustice or monopoly in this tisan form of statement, he continues : claim of the laboring citizen to be protect- · Not certainly in the relation in which the ed by a declaration of contraband against | Northern and Southern States stand to a certain kind of property, we concede him each other. They are the constituent a more penetrating moral vision than our parts, or members, of a common federal own. Slaveholders must maintain their Union; and as such are equals in all reprivileges, and make good their independ- spects, both in dignity and rights." ent rights, but let this charge of a spirit True ; but this statement, like the of grasping and monopoly be repelled from others, leaves so many points uncertain, the non-slaveholding citizen, and let his fair and loose, it falls almost without effect. share, at least, of free territory be reserved The States, it is said, are equal in auto him by the power of the Nation. thority, and weight. How is it then that
And this brings us to another charge, the vote of New York, in the House, is so directed against the secret intentions of much more powerful than that of Delaware those who urge the rights of the emigrant or Rhode Island ? Indeed, except as setto a free territory :
tional opinion points them out, the States
do not appear at all in the House : only the “ The non-slaveholding States,” says the people—the nation—appears there. NeiSenator, * * " demand the interposition ther do the States appear in the Executive of governinent, * *
preparatory to subjecting it to like restrictions when it becomes a State.
-not a shade of State sovereignty appears
in the Executive. The House and the ErAs far as well-informed citizens, who ecutive standing for the nation, and the
Senate alone standing for the State Govern- | Jawful Will, to put the laws in execution. ments, together constitute the Supreme This necessity recognized, is the natural Authority. This declaration of the equal basis of Presidential Authority. ity and independence of the State Govern- His election, like that of a Representa
senta ments, is quite unnecessary, therefore, and tive, is popular, but with some modificahas no weight in the argument.
tions. For convenience, electors are first It is not necessary to remind any person chosen, who accurately represent the at all read in political affairs, that a power people; the joint majorities of the citizens derived, like that of the House of Repre- of each State, gives a majority of all the sentatives, by an apportioned representa- citizens of the Nation; and in case a mation from all the citizens of the Union, is jority is not had, then the choice is thrown greater in degree, and in kind, than one upon the national representation in the established by perhaps a thirtieth part of House. But here the nature of the election the same, met upon a sectional council for is modified ; the House voting not by the discussion of provincial business. This members, but by States, and the election power is greater in degree, because it rep- ceasing to be strictly popular. There is resents a greater territory and vaster popu- recognized, therefore, in the Executive lation ; it is greater in kind, because its Power, a State, as well as a National elefunctions are imperial, and that it meddles ment; and this necessarily ; for the Presinot with domestic or local matters. It is dent is not only a defender of the National, national, being derived, by an equal repre. but of the State sovereignties, and must sentation, from the vote of each independ support the authority and the rights of ent citizen. By his electoral vote the choice States. for all officers, of nation, state, municipality, Thus far we have considered the nature county, town, district, village, hamlet, pro- and derivation of the Central Power, as it ceeds from the individual citizen; from him proceeds from the people in mass-from as the independent nucleus—the vital point the Nation. It remains now to look at that of power—is derived this ray of choice, of the States, or of the Senate. or of representation.
It is a fundamental necessity for a govUpon this ground of individual freedom ernment based on representation, that every and power, as on a truly equal basis, ma- great political power shall be represented king all men peers, stands the power of in it. the House; and because it does so stand, A government, whatever be its name or it is purely and absolutely national. power, being a body of men deputed to ex
The superior legislative authority of this ecute the laws, and to maintain order in soNational House, in its proper sphere, over ciety, is distinct from society. It is a power that of any one House, of a particular distinct from that of the people. It affects State, is secured, not so much by the Con- them, is feared and respected by them ; it stitution, as by the nature of things. The is affected by them, is swayed by and sways power which establishes it is the same with them: no state can be said to exist, in which that which sustains the Constitution,* and a distinct body as government, either elecof which a part, or section only, gives origin tive or hereditary, is not recognized and to the House of each Legislative State. maintained.
Let us consider next, though not in or- At the founding of the Constitution, the der, the National Executive, both as to its two great powers recognized in this repuborigin, and the powers especially given by lic, namely, that of the equal Citizen, and that origin ; for it is true of every Consti- that of the equal State, were distinctly tutional authority, that not constitution, recognized. but derivation, both establishes and limits The founders supposed, that if the powit.
ers of the citizen alone were recognized, The Executive power of the Republic is and should predominate, the nation would lerived, first, from the necessity recognized fall together into a centralized Democracy, y each citizen, for a commissioned and and end in despotism, The State Gov
ernments, on the other hand, would have The Constitution expresses only that which is then become disturbing and disorganizing ermanently and continually necessary for the librty of the Nation.
powers, warring against, and embarrassing,
a government in which they were not rep- | votes in the Senate have the States any resented, and which would become their influence in the matter. Senators, in natural enemy. Had there been a power the performance of their duty, defend ful aristocracy,—bad there been many free the rights of their several State govencommercial cities,—had there been a great ments, but it may well be asked, what good national church, holding political power ;- they hope to effect by using a lanit would have been necessary to the peace guage that implies for the representation of the nation, that these powers be repre- of States, in the Senate, a power which sented in Congress. But, as it happened, belongs to them only in conjunction with there was no aristocracy, there was no the House and the Executive? powerful church, there were no independ- And here, in the midst of other matter ent cities,—there were only two recognized for question, we stumble upon a new doepowers, first, the body of the nation, peers-trine offered by Mr. Calhoun,—that slave speaking one language, and forming that property, “the only species of property equal band of freemen who fought the recognized,” says he, “by the Constitubattle of the revolution,—and, second, the tion, (!)—was also“ the only one that entergoverning bodies of the States. These ed into its formation as a political power," () latter demanded representation, and re- -“ and this is the only one that is put ceived it in the SenATE.
under the express guarantee of the CoaIn a government composed in this man- stitution,” he adds. And this is offered as ner of all the elements of national power, a member of an argument limiting the an authority less than imperial cannot be power of Congress over slavery in the supposed to exist, nor would it require a territory ! labored argument to show, that the author- To this the reply is simple,—first, that ity thus constituted is as great as the na- the word “slave' is not used in the Contion can require, in any exigent of
stitution at all, and that it is not literally
true that the Constitution recognizes slave Containing, in the House, the authority property. The Constitution assumed D derived from the consent of all the citi- power over slavery in the States, and zens ; in the Senate, that which is derived would neither recognize, nor not recognize. from the governing bodies of the States ; it. But when it came to apportion repre and in the Executive, an union of both ;- sentation by population, it was obliged to and all limited, and strictly subordinated, reckon in all descriptions of persons, with by a Constitution, anterior and superior to out naming them." Democracy professes it, this government stands superior in rank to believe that a property representation and in kind, to that of any one of the is a false and unjust representation. It is States.
therefore, necessary for Democracy to es After such a view, the old idea of the plain this slave representation by another federation, that Congress is the creature theory; and to say that not property and tool of the State Governments, falls but the life and safety of the slave and his quite to the ground.
master, taken together as one family, or Though it be unquestionably true, then, system, was looked to in the apportionas the Senator declares, “ that the States ment. are constituent parts of the common fed- After touching upon the foregoing, M: eral government of the Union, and as such Calhoun then repeats the question. But if are equals in all respects both in dignity it cannot be found in either—if it exists 21 and rights,"
,” “ this relation in which they all, the power must be looked for in the tasnd to each other furnishes a strong pre-compact which binds these States together sumption,” not only that they have no in a federal Union. Does that instrument combined or separate authority over the contain any provision which gives the territory which extends to the prohibition of North the power to exclude the South slave property; but farther, that the States, from a free admission into the territories of separately or in combination, have no the United States with its peculiar prop. power whatever over the lerritories ; since | erty, and to monopolize then for its out this power lodges properly in Congress exclusive use ?” To which we reply as be and the Executive; and only by their fore, that the Constitution does not know do
any such power as the North, or the South, of royal charters, to the independent or the East, or the West. These are very colonies, or to the powers of Europe. loose terms, and mean much or little accord - They became the property of the nation, ing to the mood we are in. It is, therefore, after the Revolution, by acts of cession on necessary to substitute for the above ques- the part of Connecticut, Maryland, Virgintion, the following:
ia, New York, and other States, and by Has the Government of the United States purchase from France and Spain. The the power to declare the importation of charters of the lands of several of the slave property contraband in its own terri- States extended indefinitely westward, and
the lines of these lands crossed each other, Mr. Calhoun several times repeats the so that it had become impossible to make question, “where is this absolute power of a fair adjustment of the separate claims. the North to exclude the South to be Those States that possessed no territory, found ?” To which we reply again, no- having made common cause in a war which where, and repeat, as before, that North secured their sister sovereignties in quiet and South are not recognized powers in possession, thought it unjust that they Ebe government or in the nation. Again, themselves should have no share. The ne argues on the passage concerning controversies on this subject were finally * rules and regulations :"
set at rest by acts of cession on the part “ Now, I undertake to affirm, and maintain of several States, by which their private veyond the possibility of doubt, that, so far and separate claims to property and juris
New rom conferring absolute power to govern the diction were vested in the nation. erritories, it confers no governmental power | York was the first to set the example of hatever; no, not a particle. It refers exclu- moderation, and other States followed it at ively to territory regarded simply as public intervals. Out of the territory thus acinds. Every word relates to it in that charac. ) quired by the people of the United States, T, and is wholly inapplicable to it, considered
were formed the States of Ohio, Indiana, 1 any other character but as property. Take e expression dispose of, with which it be Illinois, and others, and the territory west ins. It is easily understood what it means
of these. North Carolina ceded the terhen applied to lands, and is the proper and ritory that is now the State of Tennessee. itural expression regarding the territory in The cession of her own territory by at characier when the object is to confer the Georgia, in 1802, concluded this difficult ght to sell or make other disposition of it. series of transactions, by which, more it who ever heard the expression applied to
than by any other acts of the States, the vernment, and what possible meaning can it ve when so applied ? Take the next ex
nationality of all was settled and confirmed assion, to make all needful rules and regu
forever. ions.' These regarded separately might
While the territories remain uninhabitleed be applicable to government in a loose ed, or are in process of occupation by emiise ; but they are never so applied in the grants, the people of the United States, istitution. In every case where they are d in it they refer to property, to things
, and right in them.
as a nation, possess a three-fold interest some process, such as the rules of the court, of the House of Congress, for the govern
1. First, as the imperial control over all nt of their proceedings, but never to govern
national affairs has been acquired by the nt, which implies persons* to be governed. act of union or nationalization, which con, if there should be any doubt in this case, fers upon the general government the words immediately following, which restrict powers enumerated and implied by the n to making 'rules and regulations respect
Constitution. the territory and other property of the ted States,' must effectually expel it. They
2. As particular States or foreign soverict their meaning beyond the possibility of reigns have ceded their chartered or lo St to territory regarded as property.”
gitimate sovereignty over their several ter
ritories. By these acts of cession, all the he lands which pass under the general powers of a king or a sovereign state over of Territories belonging to the Uni- its territory were necessarily transferred States,” belonged originally, by virtue to the people or nation of the United