Download pdf - FRANKLIN GAZETTE - NYS Historic Papersnyshistoricnewspapers.org/lccn/sn83031574/1849-04-12/ed-1/seq-1.pdf · FRANKLIN GAZETTE J —^ 4 * ... [ sottir con v en i ent' poin t the re

FRANKLIN GAZETTEJ — ^ 4 *

Unalterable attar hment to the Cansc of Jeffenoniin Dfmoeraey, ind niwompromiiinf npport of the Printiples of Sepnbliean Frerivm im) Progress.

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By F. i>. F M N D K R S . Malone, Ni YM Thursday, April 12, 1849.

Thr Franklin UazcttoF. p r m f n l * i i l ( M i M i s h n l r v r r y T h u r s d a y , at M l

l o n r , fc'ianUm <!<»iiiify, N . Y ,

O t f l c t , • irw r.Mls W»*M M( thr C o u r t H o u s e , d i rec t ly«»ppo»»i!«i o f i he Un i f r r^ r i l iH t C'hrtrch

TV#-mf <>ur H o l U r und \'\ffy C n i N in n d v n n r r ;fi l > - i ! U r . i f nut punt in >i<lvnnrr. T h r pnper*l r* *?-ru in pn« kn^r* tnfo t h r di f ferent (own^ in(*oi ini y, in t»r h i t i\[ sottir con v en i ent' point the re

in IVfmt siilwr i jo r rv i ( h ie I M I n r ( rank in advanc*A'Wer t iê inen is <»f om* >><|nnre or u n d e r inserted

i h r e e wr-oks fur fl( I , >HI<| vJf> rent« for enrh «iuosr»|U#int l i n e * ' i o n A h h r r i l d isn i i ih t fnndr to thosew h o *<9V"t tisr by Ihr y e m .

WVYWS II OF

Hon JOHN A. M X , o f Wow York,Itrlutioti to Trrritorirji Injuirnl from Tfrxiro.

t >* it v »#f * -I MI IIIM I ' S S m m l r , VvU. l JH, \*\\\.

Hi.- Cml me.:f tt|IO[ { ft!

Wh• . ! •» . n n .

tin 1 Ir the net of 3d Mnrch, 1HI9. This wan alto tonxpirff «r the cloae of the next ncwuon of Conifrrs*The Hrnnt(»r from New Jcnwy stated that Floridawan governed about three years Under the act of1819. Am I mistaken?

Mr. OAYTOI*. Two years.

Mr. \)\x. The territorial irovrrnn.- .:* oi Florida,a* I have Mured, waa o*!abliiihr<! on the 30th March,

, onn year and tw«»nty-ai»ven claya nfter the paa-of th«• ion of the territory.T h * Louisiana treaty was ratified by the Senate on

th«i UOth ()<'i(»b<«r, 1803. An art wns panned on the.Ilwi of tho Hnme month, eleven dny* afterwards, au-

the I'reHident to fake posaeanum of the ter-rtiory ; nnd thi* net w * * to expire at thft CIORP of the•HWHI wrasuon of ConjfresH. On tho ^Gth of March,IHOI,* n tc»rnrortfil tfovurnmetit was established, u>iak#i «»II«MM thr 1st Orto!>«»rf I HO I. T h e power WHH

fid in thin cn*i* rlrvrn months. In boththr duration of thr net W«R limited to the clone of the

n

M

n i i i * i r u h i M M i i >»( M r

I M D ' N a i | U i i f , l h < » n i

Mill Imvo I }»•» S r f i i t ' n h< t i i ^ <>r» r o n r u r r t n i f

W A I Kkit i n r* Int i<Mi to l ) n

or iK»t enntnn^ of The powvm rouferred wvrv to expire at a certnin perio<J. Thrwant of nurh a proviHton in thia ainrrwliiiont

I m u i U M I ( ' i i M i f i n f i r n ' tut*** mit< of tho Rf runêst <>IIJ«MMI<IFI.H lo i t . H u t e v e n

Hiuk« i n t o i n a i g n i f i r n i H ' t f w h r n c o m -his

in In!'<( t j l I lie

• • in «t k *( ' . , m VV;I 'M t l o V

( h o l l » r i* t M

ft | | o V I M i i r I I

i t m p r r » i c j i

p f i r | l | . i r i ' n i l

« < >f l»»l< !<' r I M i i { I

r«-t MI !»*• u n d r r f h^ r.eres««ity of<>i iho Snti ' i tn nt dim hitn p r r t .

{ I n | it i i iv (Inly to

pared w i th thr m n ^ m t u d r «>f tho powers wh ich tf iramendment confer**

I cannot behevo thin a m e n d m e n t can rero ive nil

• i i i l « < m l t t ) «i u i n l o r

M i y ' ' . .

i M ' i i i 1 «i < M 11 f • »f r» M I , i n ( h n t o r n ) t i r h l f ' r w f n r h

. I i " m - i n u n i i i i K i n i l i i i r i i i t i » a n a p p r o

I M-I f • J H M I i f r n ' I V <'f t l t l M i i f » |M | * f | O | | ( J | | / 1V# '

l i t f f i p I M i ^ i n n t t i i ' i i t l l ' ' H M i | r e o | t o o

f " f » r i d . p i t n r t t o l n i r f i m m m '

f " | ! " i i i M i n o i t l o i M f M i h f o r f r o m

! , j i t ! / i o n i i h f f o r m " I

t •• f f i i H l u l l , i \ i ' i I ! M I ' . ' r t i i Y d p i i ! •>( i h m f n n l v , H j > " i i

( I f * ^ r " U it 11 i h t f i f w n i i m 11 M J ' F I O I I M i i m l o n ( < *t p l f t r # « .

I t r#»< • i v « < l i n fh<» i ' n - 1 h u t f m i r v o f r i f r o r i n h f r r

l i u * m i K M i t t t n e t i ' i M p m l l v i r r » * l < - v . ' t n t r t f i < | n i m p l a r r d .

I ' l l " n i f U M i i l i i i r u f <>( t h r H f o i i i t o r f r o m T r n n r M R r r

tho (MUistKuMoital HUIH'IJOIM iirrtiHN.irv to i{ive It thevalidity oi law. I vhrtll, therrfore, prorprd to oxnin-

hy thn Senator | me thr ofhrr pfopuffitioitN hrforr thr Srnnfe, ns wv

coosidemblo extent, Indians or Mexicans omixed blood. 2. They are, for the most partuneducated. 3. They are not sufficiently fa-miliar with the business of self government.4. They do not even speak our language. 5.They would not cotne Into the Union with anenlightened understanding of the principles ofour political system, or with the general cul-tivation and intelligence essential tosucKa fulfillment of the duties and responsibilities ofthe American citizen as to render them safeparticipants in the administration of the Go-vernment. T need not enlarge upon these pro-positions. Those who are familiar with thecondition of California and the character ofthe people will assent to their truth. I holdthese objections to the immediate admjssionof California into the Union as a State—Objec-tions drawn from the character and conditionof tho people—to be insuperable. I knowvery well th«t territory is rapidly filling up,and that it is receiving from us thousands of cit-izens, active, enterprising <fc of unexceptionablerharnctor. Hut we know also that it is receiv-ing multitudes of adventurers from almost ev-ery quarter of the globe from both herais

that the *tm year (1620) which *ito*asedthe landing of the Pilgrims on the Rock ofPlymouth saw the first ship enter the watersof the Chesapeake bay and tbe J a hies riverwith Afri&ms to be sold into slavery. Itis still thOtb curious that the ship freightedwith freemen and the ship freighted withslaves commenced their voyages from thesame country—Holland. In the same yearthe monopoly of tbe London company wasoverturned, and the commerce of the colony ofVirginia was thrown open to free competition.

Tbe introduction of slaves into that colonywas one of tbe first fraits of this commercial

l»irMh.ui of provnlinif short M?ni\ ot thr pnviU'jjr whii'h hns tnken hySt»nni«»iMt <»| ppuikmj; upon the dilfi'ront prop.

h< for** UP.T h e I Ifh of Mnv. 17 *7 , W M the thy fixod for the

<>| the I'Vdertil ( 'ouvention hy which the

M i i!

n <it thti United StfilfH wan friuned. Atho StaUiH wan not cnnveiud until the

^Mi'li of tho tintne month t and nothing wrmdune, withihr f \ ( - rpt io i i ot or^fun/.iny find ndnptirw* rulen fortfie orderly tr.intinrtiofi of litininenft, until the 29th,whan <iovnrn<»r Randolph, of Virînui , :<> usr iheU of tlm Jourtihl, "opened the main

prop«i««i<

i«»r I r o

< Ii w i r y

M< <»!«• o t ('

' I l t | O b i l l M|

>;r f l l l A f f . I m*4

n i l t i r t < ! • » ' » ' tn

• i l " N I I I - a r t .

• • r i ' n ' « • f t 1 1 1 1 1 '

If. Mj'h 1 ,|,,|• • it hon ot do

! i

in

1«» H'lff I I I ( n f i M ir in H

i »* n Slut , . Th<VV I « ( - ' I I I H I I I t it u n f l u * |*

f . i I ' o v f n i I n m

M l M | i I V I f I M ' t p r

\ \ I t . . i , | i t - v

N e w I V I n v i r o l i t t r t

h u f M t of the H e n n

i l en t w i t h

f, ** the^rrat nurijerl of thnr tmnmou.*' Ho npoke *#f thr dif-firuhy of \\w ertmn, the nerrHfiity of n-vinin^ tho FVd.

»•»

vrnforifv<i. On ih«« I | ( ,In- /MMH-rnfpr"po«ir<| to

nrni pyntnn, fh# proportion mi eh n government

siiuttlion ot llpropomfiofi* for ihr

ih r <l«*tr<*tg of \hv t'nnf«<<lrrarioM, th(»dsnv Hiatus, and thr r rnuu ly . H is

n o d i f

l hov\

< orrr« tton uud rt ihir^cmrut of' h e m ; nrirf 1 do ( the Artu'le.n of (%mfiMli*r>itionf no n« to nrr<mipl>nh

i«nt|ou HIIOIIN! lie reniMt« M I n J >r ' »[

I * I M I > I

•» U M « > h | , i i i " n i f i f n t r I i f t i s n ^ p o c f . / \ |

< ' i i c i i i H I i h r p r o p r i e t y oi t h e p r o p

n i ' M l i " i i I i u i i r M H i r , f i n d ftJ'lii'lii'h

f W i M i f i n - n f i i ' i f v r r y h ' ^ p p t l y a t f p i N l i t d

i i i 11 M i ' - i l * o r n t ' >| r r , V»' l I M t l h t t

t o t h o o r t r

nn,l N| i t1 ' * • t ' I t i ' M i r i l l v j i i i i M M I i | n i F l» i i M 11 > 11 o i i i i t i u r i r n n < u n w h o

I » r * i I H I vv M i l d n t i l h i i i ' l r n i i ( i h i o r m i a n d N e w i m w h i f J

M i ' i i r o i n t o i l m ( H » I I r|.| I I M t i i f e , w h o l l y u n f i t R M \ !

t h i l l k t l i r y i l i r , I ' I H I f o u r t i i ( I n I ' r r s t i l l M l f W | f h l l r H I

I- • ! ! ( • p . i v v i I M h i >• • i v r m t h n n ; i i > i ! f r o m

i ( l i « t i m l ' v I n u h y v\ I I O I M i h o - i i t | n i u ' i t r K w o u l d

• \ * * r . - i H t i I I

i I'• Ii r n o r m ! i • <f I » t h i t ' \ \ i •• • 11 u I I | i . i i \

• i 4 y , i\ m I F * I t r i • • ( I i . • t i n ' I .

H I M H H h ( I d * ' f i r i t i i i t

>t t <t I I i< >l M l I , I t M I I I I I I i ' I

« t i l » J # " l I l l r . i I i | 11> i » | \ r

I ' 'I V I M i t m i ; o f i | M - [ ' - , ,

•»» u a l n { I r " i n \ V

U .r f r o m T\<tfr n o t ft W o f d h i

i e n I M i h r e o o t h e

t• t I I , t | ,o l u l l i n t r o d i i e t M l h v

| w l i ' n l » t h e H t - i i n t f i r f r o m I !

<*h H I I I P I M ; ' M T o n d , r h o n

ii h o r n W i I I o i i f i i i ( n o w i i u

l l n r d f t h e t e t r i t o

i i|t t Ur I ' H|o(| J | \ lt|MOrûo in fnturn nndho am* nditMHit nt lh«)

nil (he

i | I H M I ' , H > i \ r l h o i f | ! < • | | |

• '«' 11 hr it inl t i l i iM l ' i l i i1 I I«v U ! n ( ion ' • t i I I i H u h

< im ( MH» <\ .U 'i I- i , to (

lot I m i t o ( fl f \\n | n . , | | , ; i i

" I ' l r r H I . I

t nment ou^ht

"t I'-'i. It nithon Ars him to

I projHM fiml nn dhil rulr*^

in M v v\ ilh ihe

he rolled upon to net on them when it i* ton \ phrros—from Occanicii to the European contif<.r<li-uMi*»u.i.. I wmhtoavn.lmvHolf, fornvrry | n e n t a n ( j i s | a n ( ] s H O m e for a permanent a

t i i a f t k a t j f t f f t v a ^ i # % * * t f t f i l « t j v « k H i I i I i t l l I i I I • • I k i \ f l l i t r% M m« • * I K mm *

bode, but more for mere temporary purposesI wish to see this heterogeneous mass pansthrough the process of fermentation, to whichit is destined, and settle down into somethinglike consistence, before we undertake to en-dow it with all the attributes of self govern-ment.

This view of the subject is sustained by theuniform practice of the Government. 1. Ouralien laws have always prescribed a period ofprobation for individuals who come among usfor w permanent abode, and to unite their for-tunes to ours. This period has always beenof sevenil years in duration. The most liberal(and of these 1 have always claimed to be one)have never proposed to dispense altogetherwith this probationary term. The only ques-tion is as to its proper extent. It proceedsupon tin* principle, admitted by all, that noman shall become a member of our politicalassociation until he has been taught by expe-rience to appreciate iU advantages, and totake part in its deliberations with some knowl-edge; of its requirements. 2. The same prin-ciple which has governed in cases of individ-ual immigration has been applied to territoriesacquired by treaty, and to large masses of per-sons. When Louisiana was ceded to us byFrance, we stipulated that the inhabitantsshould be incorporated into the Union, and ad-mitted as soon as possible, according to theprinciples of the federal Constitution, to theenjoyment of the rights, advantages, and im-munities of citizens of the United States ; andin the mean time that they should bo main-tained and protected in the enjoyment of theirlibeity, their propeHy, and in the exercise ofthe religion they professed.

Louisiana was acquired in 1803. The in-habitants made repeated applications for.ad-mission into the Union ; they protested a-gainst the tardy action of Congress ; they ap-

tfm ohfnet* of ihtfir inntiiution, were stilted in «of rrHohifMinn, t int oi wfiieh derlnred thftt provisionoutfit t<i he mid r for the ndnnsHion of Shift"* Irtwful(y nrising wilJini (he InmtH of the Umfrdwfiether from a voluntnry jtnirt ion of«nd ferntorv, or otherwimi. He wn» yfollow* (| hv Mr ( hnrlrH I 'mrktH'V, of South Caroh.

h ntod a pi »n of u Kt'derul (n>n«tttution,

W ! I H provided thnt the l . ret«Urnrr Hhoulrihnve power to ndniit new Stnte* into the Union onih#i annm term* with th« original States, providedtwo third* «»t the memhorN present m hoth [ I O I H C Nn^rni!. W e nil know in what ninnner fh^se proposi.Moim w r i c modified in the ftflhm oitrnt proceeding ofth*- Convention, n\\i\ the l imitat ion* hy which the1

ise o l fho p o w f l r w ;m ^ n n r d e d hv the* f ramer f i o fihe ( 'O i in i i l iHU ' i i . H o w inr t h r #>JUf*hMon ot our po-l i ' i r i i ! j u r i n d i i ' i i o n hev<>nd tin* e i i H t i n ^ h o i i n d n n t w o liho S u i t e * j*n<! thf t i i u>rn'ofi#*n wrtp in e o n i e u u d a t i o nni thnt t i m e , T d o no t Nfi.p to m* ju i re . W e h n v e j j i ven n p r . i r i i e i i i e o n m r u t ' t i o n »u. W e htvf* n d i m t t e d i n t o tho U n i o n mxStiHen h e y o n d the hrnitN o{ ihe i h i r t e e i i o r i ^ i n f t lSmteH n',i\ i he i r t e r r i t o r i es one an independen t nah o n , f ind the others ( ' o l o m a l j dependenc ies at thet ime ot i he i r n e ^ u i 1 i t i o n .

The drbatesin ihe Federal Con., ntion, whichKrem to huvo hud an exclusive* reference to theadnuHsion of new Suites from territory we thenp<ms<»sM4*d( show that, even \\\ thest* cases, theextension ol the proposed system, so as to inelude new members, was deemed a matter of|fM'a'*d

utmost delicacy and importance, not onlyI t ' l l I t M • ^

freedom ; nflt necessarily, but aa one of thoseincidents which the chances of life bring withthem to illustrate ite uncertainties and its con-tradictions. There was no law in Virginia atthat time authorizing the existence of slavery ;nor was there any such law in England. Itrained a foothold without law. Indeed, theearly enactments of the colony of Virginia hadfor their objects to restrain the introductionof slaves, and to limit the control of their miiB-ers over them. Before the Revolution, she)etitioned the British king to sanction the

mdasures she had adopted for the suppressionof the slave trade. The appeal was vain.—It was the interest of the British traders, whoderived a mercenary profit from this detestabletraffic, that it should continue; and, down tothe period of the Revolution every effort onthe part of Virginia and the other colonies toput a stop to it was fruitle&F. Slavery wasthus forced upon us by Qreat Britain ; we arenot responsible for its origin. In the Northit has beea abolished, in the South, peculiarcircumstano^ have continued it in existence.I make no inquiry into those circumstances, ortheir necessary result. The responsibilitywhich rests upon us is to see that it is not fur-ther extended ; that it shall not, as far as de-pends on us, be planted where it has neverexisted, or where it has been abolished.

After the termination ofthe war with GreatBritain, when the American colonies, to use

Hampshire, Connecticut, Rhode Island andPennsylvania—-voted for Mr. Jefferpon-s pro-viso in 1784, and Maryland voted to refer Mr.King's proposition in i?85.

Vol. XI,«-N*.:\ &

intoTo; perraii'inia and Newdeclaration, ar)d tore-eatabiishit has been abolished. I cannot coastal fctj

would be to

Thus, I think, it may be fairly asserted that j any settlement of this question wJyclipo8sibiJity have such a result-.if all the States had been represented in Con-

gress, the vote would have oeen equally unan-imous. The ordinance would have been ardopted by the votes of the thirteen States.

The South united with the North in exclud-ing slavery from this territory. It was a unan-imous verdict of the whole country against theextension of slavery. It was the first grât! pleasure. I take the decree*s I fiqaii. tmovement of our'revolutionary fatfrera to*fid ] said that the firat public declaration was madetherra^lves of the responaibttity anfl the ccton- by President Guerrero in 1829,jn purs*try of the evil of slavery. And I take great as his decree stated, of extfaoixiin&ry pc ^pleasure in awarding to a southern man (fho- j conceded to him. I am under n© oulitfatiof*

j f

Mr. BEERUEN. I desire to inquireSenator from New York if be intends to ASMitdial the proclamation of President Guerrerowas isaued under any power jspeciaHy delega-ted to him in reference to this subject t

" D * ^ l S with.f

aoce.

mas Jefferson) the conception of this great j to inquire further in relation-to the matter, oxmeasure of justice and humanity.

While the Congress of the Confederation, ' which it was founded.to look behind the act for the authority oa

sitting in New York, was framing the ordin- Mr. BKRKIKK. I as>k the question with a vifevrance of 1787, the Federal Convention sitting j of ascertaining whether the Senator was dis-in Philadelphia was framing the Constitution ! posed to contend that slavery was abolished

the language of the Declaration of Independ-ence, had " assumed among the Powers* of theearth the equal and separate station to whichthe laws of Nature and of Nature's God enti-tled them," the attention of the great men ofthe country was turned to the subject of slave-ry ; not only with a view to its exclusion fromthe unoccupied portions of the Union, butwith a view to its extinction in the Stateswhere it existed* The definitive treaty ofleace with Great Britain, acknowledging ourindeped i d i S t b 1783

of the United States. While the former bodywns devising measures for the exclusion ofslavery from the Northwestern Territory, thelatter WM engaged in providing for the sup-pression of the African slave trade. Thus, therepresentatives of the newborn Republic, leg-islating for the old Government, and framinga new system for the better administration oftheir common concerns—sitting in differentplaces, and acting in separate capacities — werejointly engaged in eradicating what they con-sidered a great public evil and reproach.—While the former declared that slavery shouldthenceforth be forever prohibited in the North-western Territory, the latter virtually declared(though in the form of a restriction on the ex-ercise of a power) the American slave tradeshould cease after the year 1807. It wouldhave been polished at once but for the oppo-sition of South Carolina and Georgia, the onlyStates which were at that time desirous ofcontinuing it.

In tho Federal Convention Virginia wnn a-mong the foremost in her opposition to theslave trade. Madison, and Mason, and Ran-dolph were distinguished for the ability andzeal with which they advocated its immediate

in New Mexico by virtue of any other powerthnn this proclamation 1

Mr. Dix. I suppose it was abolished byvirtue of the authority on which the decreewas made. I have the decree, and will read it,if the Senator from Georgia desires it.

Mr. BEJUUEN. The Senator is not aware» . w

suppression. They were unwilling to waittwenty years for its abolition. But their ef-forts were unavailing; and for foa*" South Car-olina and Georgia would not come into theUnion, a compromise was agreed on, and thetraffic was tolerated until 1808. On the firstday Congress 1md power to make its prohibi

i H I

t i hut' r v ' H j i n h i y , I I M<1

i t , I M 1 a n * M <f u t i v e , !>u [ t\

" ' t i v . j t . i w . - r ^ ' m i l f r o m l i m n f d m i i r t o m o d i f y o r

'» ' n ^ ' i n l i n ! , i \n I i . . ' » i l i i h u t - i , i n H I M h m a n n e r n *

• »v M . U I I H i o I , H I , . I r - t i f , i l i | , ' H I M ) p r o p e l . I t n u t h o r i

o f f i c e * , n n i t i n u p p n t n l Mud c o m

•*'•. l» l e i i n M : n h e 1\\r\y t h i n k p r o

r < iMp» » r " i i i o f i I t IK t i f e r n l l y

i i i ' i ^ l i n n A i t h t i n I I I I < . I i , i l p o w r r n f t t i p f V a r n t<»

' ' " ' * ' ' ' ' ! ' » ' ' • ' » I M I M , n r n r l y m t i n 1 i . i H | M i n r e o f f i l e

" n i i f n n . . n t ' I I p n w i r i r n t r r w h i e h f | | « i i i i i f h o n t y f ( .

• i f d i - i h ; ; - - v . - ' M I X M I * f«»i i l , , , t n m f o r i e . H h / u i b e e n

M l

'Hid

i l l * i I l ( ( * > f

V . . I f (r i f M

I'I in I if 'A H

• • ; . . • , I J o r l |

•i ' i y d i i i i t m i

' •v f t -' 11 (i *iijr i M •.'

d u d h f f f l ' i r l t M I

h o r v it i I M ) O I *

n o t l o t i n d . ' d M I

• h o i o p.

i' t h . • • 1 ,1

M l I ' i l l p M

\:' H V

| » O - I M . -1

• » M ( ' i |I11

HI | r t V »I M f f t| H\

14 l i t e L i )M' r \

« " t f y m i l 11 M i f f ,

I ( I I I VV l' « *i U t d H i ' ! ( , • > [ l

1 * A l ly n i Ii v i d u i l . N\ l

i ' i h i n t , i l m p »w* m i i

f • f • * i n * i^h f y j i ' • vs i i

tuH|Hr<«d i oo i i

t i h o i > r . . p , M i n o n . l o r i h e | i t s a l l r r t i i i g t h e p r o p r r b a l a n c e o f i t s p a r t s , b u tI i n H I i n I u I I I W I t l i A i t . i l f c l . * m | * j* "

III rt'Kprct to the moral infliienre of such ex-tension upon the character of the whole. Thisdisposition in the original Ntates to surroundIhe system with all the ftafeguardn necesHaryto insure its stability, and to perpetuate theprinciples in which its foundations were laid,hud cvm nn earlier date than the era of theFederal ConMitution. It is shown in the or-dinance of thr Congress o f the Confederation,providing for thn territory northwest of theOhio river The ordinance prescribed rulesfur the government of that territory, in itsmoral as well as its political relations; and itimposed upon the admission of the States toIm formed out of it. in respect to representa-tion, conditions more onerous than those whichwere annexed by the Federal Convention to

representation of thn thirteen original*s These exactions and conditions nil hnd

for their ohjoet to maintain the purity of theI m«y hfive system, the homo<*eneousness of its parts, and

the harmony of its movements. They look to

r h e t , on Inn i , »dionf»|

i i N H o j u i r r u . t r

»«» w i l t , i n r e .

t loiI fi IM •• i my , }

nniply Midei i i t i ihei'v h<- inn v lift vi•r » n v i l s tat ion. f fe w i l l

1 r r p o n l , my oht rc t io r i IM<»t ihe indi v i i tu i i l Iiy w h o m

'•' <f ronn i f i i l

th<"lit pr opi >fie*t lo eon .

mover hiriMeif pro. )

M ! • . i f

InM

i v \ \

11 In \f \ vv•» V

Ir.Mit W i u» I O I 1 1 ! « • I . , .

t | 1 1 » I •

iii »i 1 ,

any pfirt in ihe «lnn o f t h r

Mm h nmnidmontN mito m*kn r\ny propomi' l i ' i ' o th ' rn l hy flje h

I l>«lifivmi i l l «uohHut when this mm

• I i t n « M i f e V . J I O n i t h e S e n a t e

' • • r n f o n n l l u l l W t l h a v

sentativc ôvrruinent before the communitieswhich were to ho incorporated into the Unionwere raised to the dignity nnd equality ofsovereign States.

Sir, I hold to tli

«•» i»n i«r ih- .h itm o n

» prudence and caution inthe founder* of the Republic. I believe H tobe duo to ourselves, to the institutions theyframed, nnd to th* future millions whose des-

i n r l r i f fhtM . - I . - f i i l y d r h n r . l l o r i h n ^ o v c r n n < j .

«dn I f i r r i r n r i ' t l U\\\ wî « i r c i n ' c d y r m r r c J u v f r o m t h o

I r # ^ o l v r d not to . i f1n r m i n e Mn n n n i i u i n d m o n f

l u l l h r t - » r r UM% n f r * ' f i i r l y nvor«i4t n-» I n m t(» n i l

tiny for pood or for evil w in some degreeWh*ni f * wrought out in our political action.

to

f h * # «i |Tropoîi M I tnniuirr m which fhry

» I M rif:n,

M 7,

lrk»i <M»M( e i i - rp t i i i j f tor tho mereMt

• m W n r - t r n i n m more thnn tempo.t* N I I I ' M U M - tn'iy import . Ft haw no

i< Ttr* power* it confer*

treaty in vindication of theirto such admission. Yet Congress re-

fused to admit Louisiana into the Union as aHtato until 1812. Nine years were deemednecessary to prepare the inhabitants for theexercise of the highest political rights, thouglthere was a strong infusion of our own citizens among them.

[Contrary to onr intention, we are compelled forwant of space to omit Mr. Dix'a farther remarks upontho question of admitting our acquirod territory intotho Union at once aa a State, and proceed to themam topic of the speech—tho slavery question.]

1 am opposed to this whole scheme; it sternsto mo to have been dictated by a desire to avoid embarrassing questions. I trust I appre-ciate rightly the motives of honorable Sena-tors. Hut I hold that there is always moreembarrassment in postponing or evading trou-blesome questions than in meeting them bold-ly, and disposing of them promptly when theypresent themselves. I propose to myself buttwo inquiries in referenco to the course weought to adopt. 1. What does the intere$t ofthe country, and, 2. What does the interestof California and New Mexico require ? Theanswer seems to me to be too clear to bemistaken. I have already given it. Bothconsiderations point to a territorial govern-ment, framed on proper principles.

What shall these principles be ? This is theonly question which remains to be considered.Kocognizing, as I do, to the fullest extent, theDemocratic doctrine of instructions, I am not

a free agent in this matter. Dur-ing the last three years resolutions have beenas many times passed by the Legislature ofNew York, and presented here by myself, de

independence, was signed in September, 1783.;'lion effective, the slave trade was abolishedIn March, 1*784, Mr. Jefferson introduced into forever by nn act passed ten months before.the Owgra* of the Confederation a plan of a I have stated these historical details, Mr.temporary government for the territory north- j President, for the purpose of showing twowest of the Ohio river, containing a provision | facts : 1, That the policy of the founders ofabolishing slavery after the year 1800 in that j the republic was tt) get rid of slavery, by pre-territory, now comprising the Sln!«b of Ohio, venting its extension, and bv suppressing theIndiana, Illinois, Michigan and Wisconsin. j African slave trade ; and 2. "That some of the

The an ti-slavery clause received the votes of j southern States were among the foremost insix States out of the ten present in Congress, j advocating both measures, with a view to theUnder the Articles of Confederation the dele-1 accomplishment of the ultimate object. One ., _ . . _ „ , . ™ .,^ *„„gates voted by States; and by the same A r - of tb«f avowed objects of the abolition of the third objection is, that it would be unjust toticlea a majority of the thirteen Suites was re.; slave trade was to prevent the extension of California and New Mexico. They have non i l i C l t i l ¥ r\ /H t t * * 1 ! ' o n IT *\ vr\ r\/ i f t l n \ n R I r T*. l¥V» >. 1 * i i l m • . • rat m . . ! « • _ . . . _ *

perhaps, of the fact, that the power grantedto tbe President was given him for the pur-pose of repelling mvfi&ion, and had no otherobject, I would propound another question:If slavery was abolished by force of tie Proc-lamation of President Guerrero, in 1829, whatslavery remained in Mexico to be abolishedby the act of the sovereign Congress, andwhence did ihe sovereign Congress derive thepower io do ilia* whicu belonged to the mu*nicipal authorities of ihe several S*a*es ex-clusively ?

Mr. Dix. I prefer not to answer the inquiryof the Senator ; it will require a diversion froaithe course of my remarks which I do not osfcto make. I repeat—the firbt public declara-tion that slavery was abolished was nâde in1829 ; the next by the Congress of 1837; andthey were virtually reaffirmed by the constitu-tion of 1844. I do not design now to go be-yond the limits of these executive legisjativoand constitutional acts, to inquire into the au-thorities upon which they rested. I stated,when I was interrupted, that the effect of car-rying slavery into California would be to sub-vert the prohibition contained in these acts.—This is the first great objection. The secondis, that it would be unjust to the community atlarge, by promoting the multiplication of arace which adds neither to the intellectualnor physical power, of tke body politic, modwhich excludes free labor as far as it extendsthe labor of slarc6. 1 consider this one of thogreatest objections to it. It bbould be ourobject to promote, in every constitutionafmode, the extension of free labor, and themost effectual is to devote the unoccupiedspaces of the West to the wjiite race. The

<»f fh#* Mri* \»m f f , w h11 111 1 (« 11, M r n i J H H M I " I

ti i i l iritirnt m m-op,. , tm |l ( f , f ( l l f i l*(»HHt r i n i n l | , i

• *> fWo i i t ' t p r r t v <»f i l j n . i r u i u , - , t h a t I

»«.M( o l t j . ' i M.i iHiM** | t rn| t<pj i t io f | f h / i v i ' h r t»n r r

IM f n n ( iHMi ibr r o t

ilurntmn. And,

» • • ' » < f h ofo HiMtnin this t

KlornU, nnd iho uthrr inH«<«n- i r i i < o

Now, , a

• n h o w fur thn pr .u M.k.u i i «r« n p p i i r * h | e l o i f . T h *•M-.iiy w i - h Spun , tor i||«< <4,*mtM, ot K l o h i l n W«* rut* .••"•I hum on tho U\>J n | I'Y'l.ruivy, IHIU, M4 it waa

• f»n mi R«M1 i* ,,,* month*. ,.r wrmnrr if ponflriMo, hy•»MI k i n * ,,| .Mpi,,,. Thm W*H ih * ahort mwu, , , of< i ftl, ,,»onthi woulil hnyfi hroy|rhl tin

not in

**( Ilm inriiui y

no t r«t i f i#nt hy i h t K n u '

r i d

1 4 i h ¥

I t to oipirci atKm thuntil

^ 1 deduce, thon, from the organization of the(lovenimfMit, this practical principle, which Ihold in be fundamental thai no State ought daring that in (my territories a^qui'red from<> be mlmitlrcl intii the fmon which has not1 Mexico slavery ought to be prohibited. 1™n prepared by a famthnr knowledge of the have endeavored to carry out these instructions

theory and practice of OUr political system, by which those resolutions were accompauied.aiu by Kur.hu tnuiung,n the discipline of free! I have done so with more chMrfulo£» be-m.Ututions as to render iu participation in the j cause, apart from all obligation of obedienee,adrniniHfratkm of the general concerns an aid I believe them justand un advuutJig*. not. an embarrassment and - - J

an obstacle, to the steady action of the sys-

Tho requirement, which I consider abso-lute, iy not fulfilled by the condition of C ali-f<»rnifi. The bill reported by the select comeported by t committeo admits that territory into the Union at

j1 hold, then, that territorial governments

ought to be organized for California and NewMexico, and that the act establishing themshould contain a prohibition of slavery. I be-fieve there never was an occasion in whichsuch a prohihitron was demanded by higherobligations than the present. I shall d

onre an a sovereign State, That, too, was vor to make it apparent to tbe judgment ofthe purport of tho amendment of the Senator i the Seoate, and for this re&son, f shaH be.uo-• mm I eune*see, though it embraced New Mei- dor the necessity of entering into a brief re-ico a ao. I ins propositiou l8 directly opposed view of the origin and progress of slavehr into all practical ruk* and usages ef the repub-lic, frum its foundation to the present day,—It is in palpable violation of the principle I

<i4th

principle _have HUted as inherent in the organization ofthn Federal government. It discards all theprudential couKider^tioos whioh entered into

Np*m wan «^nt to thn HCOKQ on

lMîl, «M thn mtiArinon wm not with

Kf»hrti«ry ol ih»fM n r c h ,

nvi of fflf,

rr

of our political

L«t me stale aome of the leading objectionsit th l h d

g bjctonsto it, as they relate to the condition of Cali-fornia I Its present iuhubitautK arc, to a

origin and progress of slavery inthe United States ; and I shall begin wrth thecondition of Cko American colonies before tb#etablisboieni of their independence

Slavery, 1 believe, was never originally; es-tablished by law in any State in tbi? Uoioti,nor wa* it so established HTtBe British colotiiesin America. Tbe relation of master and slftta,in modern times and in civilUed S t t ^ lly springs up in the pmerce, without poeitive authority, and ^Wwafterwards comes in to regulate i t It wa»soin the American colonies. It i* a carious fact,

quisite toârry any proposition. Mr. Jeffer- slavery into the Territories. The same policyson's proposition, having received only bix prevailed for many years. The inhabitants ofvotes, was not adopted. \ the Northwest Territory, or a portion of it,

I hold in my hand, Mr. President, a copy of' (that portion, I believe, which now constitutesnis plan for a temporary government for the I the States of Indiana and Illinois,) petitionedNorthwest Territory, made from the original, j Congress for the privilege of importing slaveswhich I found a few weeks ago. among the from the States ; and they had sufficient influ-archives of the Confederation, in the State De-partment, where they are deposited. The ori-Sna! is in the clear, careful hand-writing of

r. Jeflferwn ; and it settles the question ofauthorship. It divides the territory into tenStates instead of five, as was finally determin-ed ; and it contains the anti-slavery clause towhich I have referred, and which has hereto-fore been attributed to him. I will read itfor the information ofthe Senate. Like someother propositions of a kindred character, andof later date, it is in the form of a proviso :

•• Ahcr the year 1800 of the Christian era, there•hall be neither slavery nor involuntary tervitude inthe said States otherwise than in punishment ofcrimes whereof the party shall have been duly con-vicfed."

I am happyl to have had it in my powerto refer this declaration to tbe author of anearlier declaration in favor of human freedom —I mean that of our independence and tohave found it in hia,own handwriting. With-out this testimony, no one could doubt, onreading the whole paper, that it was writtenby him. It contains internal evidence of au-thorship which, to any one familiar with hisstyle of composition and his peculiarity ofthought, must be conclusive. Let it be knownhenceforth as the Jefferson proviso. As such,it will at leant escape the imputation of selfishmotives, from which, in the prevailing heat otparty contention, no follower in the same fieldcan hope to be exempt, however unjustlmay be attributed to him. I have alreadysaid that this proposition failed for the wantof a single vote. It was renewed in 1785 byRnfua King, than representing the State ofMassachusetts, and it was referred to a com-mittee, though it was not finally acted upon atthat time. The reference was mode Dy thevotes of eight Slafefc out of eleven present,one State being absent, and another represent-ed by a single delegate, and therefore not en-titled, according to the Articles of Confedera-tion, to vote.

Thus thmgfc Remained until 1787, wheh theordinance of that year was pawed establishinga governmenj^for the Northwestern Territory,Had prohibiting^ sfftvery wittyn it for ever, ex-cept for crimes. This ordinance was reportedby a committee of which Mr. Edwardnngton of V WM c h i d M N

ence to obtain two reports in favor of a tempo-rary suspension of the sixth article of the or-dinance of 1787. But their prayer was notgranted. The inhabitants of Louisiana, be-fore the abolition ofthe slave trade, petitionedfor the prrtJege of importing slaves. Theirprayer was denied. Wherever Congress hadthe power, it was exercised to prevent the ex-tension of slavery beyond the States and Ter-ritories in which it existed.

slaves. 'I believe 1 am authorized to say, theydesire none.

Mr. FooTi*. I would inquire of the Senatorfrom New York, if he considers that any injus-tice will result to California and New Mexico,by allowing the people of those territories todo with this matter as they please ?

lit. Dix. I am in favor of doing what thofathers of the Republic did in relation to the'Northwestern Territory—of preventing th«extension to California of what they coosider-ed, and what I consider, a great evil If wocarry Slavfery mto New Mexico and California,we shall do it against the wishes of tbe peoplethere. They have no slaves now, and weshould pl^nt slavery where it does not exist.We should stand before the world in the same

I have always been opposed to interference relatiofn fn which Great Britain stood to herwith slavery where it exists. The Federal Gov-ernment has no control over it, directly or indi-rectly, within the limits of the States. It is acivil relation over which they have exclusive ju-risdictioft. It must evef rest with them to de-termine whether it shall be continued or abol-

American colonies. She allowed slavery to becarried into those colonies against their wish-es, and, ?n some instances, against the|r earnestremonstrances.

The introduction of slavery into California,and New Mexico, as I conceive, would be tbe

nngton, of Va., WM chairman, and Mr. NathartDane, of MM*., a leadi&g toeniber. It recerv-

t. It Wased the votes of all the Statesa unanimous Fate as to SUM*,'andwith a singl

' 1were onl

, u ,, as io delegated. There

vii: Massa-Iv eight; K*# York, H e * J<p%, l&Uwjwe,

¥*, North

Hampshire;,l i d M

ished within their limits. But it i« not so with more indefensible, as there is nothing in thethe Territories. Congress has always exer- soil and climate which renders the labor of thecised the power of regulating their civil as African race necessary —nothing that makes itwell as their political relations. The terri- unsafe or oppressive for whites to be employedtonal governments are the creatures of fede- in productive industry under spy of its fonns..ral legislation ; they have no powers except New Mexico consists, for the inost part, of*nnh «u urn n™f*~->Am t h e m b y Congress. | mountains, with narttXr valleys between, which

require to be watered by artificial means.—There is no need of the African race. A largeportion of California fs elevated and broken.It, yields nothing to the production of which!slave labor is even claimed to be indispensa-ble. ^ Much of (he value of that Territory epn-sists m the rnaratime valley which lies OA thePacific. It is about five hundred mflen Joog,and one hundred and fifty wjde> with an frtaof some sevent v-five ihoxt&anfi sauare tniles,—The breezes from ihe Pacific boaeraie Cbe tem-perature, and'4he jnooAtjup^ opt iK&easg riiipgio <he height of thouaap'dfs of fe^l, cojlecibaoa

such as arestands to the inhabitants of the Territories inthe relation in which the State Legislaturesstand to the people of the States. The pow-er of regulating the internal concerns of theinhabitants of the Territories has been exer-cised under every administration ginc6 the a-doptiou of the Constitution.

Sir, 1 hold the exercise of this power for theexclusion of slavery from California and NewMexico to be even of higl>er obligation than itwas in respect to tbe Northwestern Territory.Slavery existed in that Territory at tbe timethe ordinance of 1787 was framed and passed. v

The tenure of sjave* owned by the inhabitant* | precipiiaie the moistUi» of theôf the Territory and held within it was sanc-tioned by the court*. The prohibition was

and pour ii down m fertilizing stream* inlvalley below. Ji is sai<J by Frejnj&o* to

construed to extend only to persons born or a strong resemblance to I aJyW ,brought into tne Territory subsequently to the aQ&eap?£U? for production. Ii i$adoption of the f i n a n c e . .. _ ^

Ine situation of California and New Mexico {hemisphere.is itiVelyished slavir^ throughout her limits. 1*he ab-olition was first publicly proclaimed by Presi

vine,Mexico long since abol- lie infiinite variety of fruits |lm ffraiios

- are p/oduced within the VCJM^, ^6 IQ bo. . . „ - fouod in Cabfomia. ^ u r e W , inimpti,

deot Guerrero in 1829, in pursuance, A£ the lav^W upon ij jfcr atioicesi &fa ladearie declares, of extraordinary powers vest- r^ce l discover! e$ at gold, ihcire 14 mu^h ifed in him. It was again declared to be abol- [deplored. L#* us hope i& Uimmxm^ ^ - . . . . . , . « . A V FT«*«j ci£«»«fts uvvtatvu %AJ w a u u r I u v u i v i i

ished by an act of the sovereign Congress in <pw 41837, and again by the constitution of 184C oîgtiThdugh, M a nation, but krijierfcctlj cirflh^d, | itwjuftrv#struggling a iumrt the emtermMmedU dtbid' -^-«Lr'^-gorrernmetit, and districted by iB&rtiooM, triting, in agreit

character of herhas,

b« soii<no peed, o#tacc c*n labor

hertioMon the broad famfatimHty, by tltota-tag* all iWithM her Mm*Uree1 - #

Tlieoare and i

raifie. Iles of nyw?, mtcslaves ifleri1. "

I