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JOHN FORSYTH—EDITOR.
J. FORSYTH, R. ELLIS, A CO.
rreprirton aid Poblishm.
Tut Tint* •• paUiwhed every Tuesday Morning
,t be building known as “ Winter’s Excharge,”
> a 4 nde of Broad street, above Randolph, np
, immediate'y in the rear of the Port-Office.
Y.'.R*“ —Three Dollar* per annum, payable
~ (w sen nlscrpuosi.
\.. t jjer will be discontinued while any arrear
■„ are dne, unless at the option of the proprietors,
three Dollar* a.ai a Half, will in all tart s
s cted where pa-ment is rot made before the
(t , ra,;ss of tae * ibscr ption year.
.... .vtiwarut'* conspicuously inserted at Otic
IMllar per square, for the first insertion, and
for every subsequent continuance.
til tdiertivraicsts sent to us without specify
• e asmher of insertions desired, will be con
inr J uuut ordered out, and charged accordingly.
L. ,-al AdverUaencnts published at the usuil
rates, sad with strict attention to the requisitions of
the lew.
wbcritPs Sale* under regular executions, must
be advet.sed Thirty Days; under mortgage fi fss,
Mitylriyi before the day of sale.
Wales of Land and Negroes, by Executors, Ad
misistrators or Guardians, for Sixty-Day* before
the day of sale.
Wales of persoaal property (except negroes) Por
ta Days.
C itations by Clerks of Courts of Ordinary,upon
4 . .cation for letters of administration are to be
uhashed for Thirty Days.
Citations upon application for dismission, by
iterators. Administrators, or Guardians, monthly
far 4ii Mmthv
Orders of Courts of Ordinary, (accompanied
wtV a copy of the bond, or agreement) to make
1 ■ . to iaad, most be published Three Mouths.
V A tee* by Etecutors or Administrators or Guar
d.aae, of application tu the Court of Ordinary for
Invetoaell the Laad or Negroes of an estate, Pour
Meatha.
Notices by Executors or Administrators, to the
lidsim and Creditors of sa estate, sot Nix Weeks.
iT letters to the proprietors on business must
be past p aid, to entitle them to attention.
MERCANTILE.
JUST RECEIVED.
% FEW Bmsrt White Embroidmd Swiss
f\. Meslia, Silk Mitts, and Grass Cloths.
J.lylß 30 ts J. 8t J. KVLE.
FANCY DRY-GOODS.
BROKAW & CLEMONS,
a RE now receiving a desirable assortment of
A LADIES DRESS GOODS, I
eoavotiag of Preach. Jarnuet, Organdie, and
Heotch Muslin*. Grenadine and Tissue Silks,
Plata Glauua Poulard*. Fancy color’d. Silk
Barege. Embroidered Muslins, Sup. Preuch
nod Scotch Gingham*. Linen and Silk do;
cotton Grenadine*. Ac.
Together with a lot of MOURNING Silk and
wwrutej Bareges, Tissue Silks, plain and figured
French Lawns aad Maslias, Dress Hdkfs., Grena
dine. sad Crape Shawls, fce.
BROKAW fc CLEMONS.
May 8. ISIS 20—Si
PANAMA AND LEGHORN HATS.
4 Large lot, iurt received, hy
BROKAW A CLEMONS.
May 9, 1848. 20—St
JUST RECEI V P.D.
f TRENCH Cloths and Cassuneren. Silk and
Setto; Vestings; plain and Rih’d Linen Dril
lings; Bilk Worp Italian Cloths; Csshmaretts,
Ac. Ac. BROKAW & CLEMONS.
May 8 1848 20—8 t
WOODRUFF A WHITTELSEY,
IT KB jit! mrirrd as additional supply of
11 SPRING AND SUMMER GOODS, j
mtij which cab be found Shawls, Bonnets and
Roaact Ribbons, Ginghams, Muslins, Calicoes, &c.
Also a good assortment of PANAMA and LEG
HORN HAT'S, all of which they will sell very
low for cash or approved credit.
W. k W. bare a few patterns of very fine Bareg
*e, which they will sell lor about Hal/ Price, rath
er than keep them over. LADIES call and see.
April SA. IHG*. __ IS—ts
BOOTS, SHOES LEATHER, &C.
At Prime Cost*
tfVIE Subscriber haring determined to discon-
A frame kis present business in Columbus will
cell of kis stork on hand, consisting of all articles
usually found in a Shoe Store,
at iß.ian3 cost.
The stock is iirw, haring torn mostly purchased
sritkim Ike Inst six nutntk*. and is well worth the
nitration of merchants and others, wishing to pur
ckoor hy the quantity.
! hare o good assortment of LASTS, PEGS,
ossa other Shoemaker's Findings, to which the at
tention of those engaged in the manujacture of
shoes is portiem lariy invited.
ERASTUS REED.
Jaw M. ISd 26—ts
COLUMBUS
COTTON GIN MANUFACTORY.
r T*IE Sabcrribm have rrmovrd tbfir COTTON
l GIN M ANI'FACTORY from Girard, Ala., to
< .users sad the pablic that they are prepared to
famish their
IMPROVED COTTON GINS
ea the must reasonable teinis.
Their ot*bli*hntrr.t ir equal, if not superior to
: - .a the United States, and is furnished with an
ahead awce of the best materials to supply any num
ber of Gms which may he ordered.
ev l.ave the exclusive right of using Rabbets
<e 11 rated Metal, for Itoxmg, and expect to use it
•a ah of their G.nt. 1 bis will prevent the possi
•*l.4• of say are. ■'••at occurring from friction of the
Itrua* or liv Cj sM.
. .t £ivcn to any ofnur Agents
anil race vc prompt atlcntion, and all work done at
their eutabiwbasesa warranted to give satisfaction.
E. T. TAYLOR k CO.
P knril 18. jgfit. IT- iy
LIFE GAN BE PROLONGED!!
OLD ACE PUT OFF!
(Ml MAN’J* DAYS IN HEALTH EX
TENDED TO ONE HUNDRED YEARS:
NSW AND VALUABLE WORK.
SB Lrrtam tkr usrs of the Ltm^s; rans
ea. prevention, and cure of PULMONARY
OOXSI MPTiON, ASTHMA, (or Phthisic,) anddis
riHS of the Heart; on the laws of Longevity ; and
on the anode of preserving Male and Female health
ro aa hundred rears.—2h Engravings—324 pages.
Itv MANUEL SEI.DON FITCH,A. M..M.D.
Jt received and for sale bv
TARBOX k MARBLE.
Mar 18. IMS.
PRICES REDUCED.
VAHIETYWORKS.
1 f ITDC premrfd ihr best of Hfthaniu and
-1 JL Workman offer at verv low prices.
n isdstr Sashck,
Rolling Venetian **liuttcr Rliuds.
Ptuael Door*. Ate. Ac.
Floonag P.aak dressed, tongued and grooved at
cues, whwh must reader it the mtciesl of all to
g’ve them their patronage.
Ail eiders promptly executed and warranted un-
G-rvassed ia materials and workmanship.
Lathe* w any quantities kept constantly on hand
aud tor sale.
CeluutSus 111 . June 20, ISIS. W—ty
COLUMBUS I&ON FOUNDER?.
Ott tkc River Hank near the Ilr.dge.
AU £ kfrM bißii uk! art prrpaird to nakf
If to order promptly.
GIN GEAR. PLUUT.H POINTS.
ami r'oughu of every dcovnption ; Aiiti-J-'rirtieli
Plate* ud Hall*, and pullies tor Cotton Presses.
Mo tuts aa extensive assortment of excellent
MILL GEAR, patterns, and arc prepared to
af sd this species of work as cheap as it can be
prora-rd from the northerfc markets.
Owe cent per pound paid for old Cast Iron.
JOSEPH COLWELL k Cos.
Cwlcmbss, Ga. Feb. 28. IMS. 10— ly
RIVER LAND FOR SALE.
VruXTITIM only fit? miles, over a food
Road, from Columbus, comprising Three
dred acres of first rate Riser Land, now ia Cnl
■'t:oa, adyoimne and similar to “ Wool folk's
* *touuu Bead.” Mote Land adjacent of the same
hud can be purchased if desired. Good Cribs, O
*prsoul's aad Urn Houses, a large Barn, Screw, and
* ‘fficteat Negro Houses, together with a Well of
ereriUnt Water, and several fine springs are on the
P**- The purchaser caa ha supplied w ith Cora
-sd 1-o. er for the coming roar. Visitors will bo
• bowa *4 er the place by t,< Overseer or self. Call
sad examine. JO*. W. WOOLFOLK-
Juue SO, IMS. 26—tlj
notice!
r riE lOVIED ILUFICrnOG COIBPAM,
of the c.ty of Columbus, Ga., designing to
put its macbiuety into operation, during the month
•• Ja’v, desire to employ sixty female operatives,
of whom (oust be under the age of twelve
jcsiu.
The Company have erected a large and com mo
four sterv brick building, in which the opera
***** “tw bos-tied aad lodged. The House will
t>< luvoaged by Matrons of good standing and re
*> ctaathty, and under the supervision of the
of Directors, aad will be supplied with all
•eeewary armies of forniture. Persons wishing
**£*•'mnt can apply personally or by letter to 11.
Secretary of the Company, and state
. . Ls •* •** they have ever been employed in a |
• **torv. ~
I • r det of the Hoard of D,lectors.
VOLUME VIII. j
• ADVERTISEMENTS.
land^for^sam“
I WILL sell my plantation lying 9 miles above
Columbus, on the Harris Line, near Stephen
Pace’s consisting of 350 acres, 150 cleared, and in
good order for making a fine crop the next year. I
will sell low for cash, or I will sell for negro pro
perty. Come and see, for lam determined to move
west. My place is situated on what is called the
10 mile Creek. TIMOTHY G. McCRARY.
£ July 25,1848. 31—ts
WARM SPRINGS
EXTRAORDINARY ATTRACTIONS
FOR VISITORS!
r FHE Proprietor of these SPRINGS has the plea
-1 sure to announce to the Public, in search of
health or pleasure during the warm season, that he
has recently made the important discovery of two
Springs in the immediate vicinity of his Hotel,
which furnish an ample supply of
C halybeate and Sulphur Water,
and which enable him to present additional induce
ments to invalids and others, to visit his establish
ment.
With the unequalled virtues of the WARM
BATHS, combined with pure mountain chalybeate
and mild sulphur, the Proprietor can safely chal
lange competition with any other Watering Place in
the country; for at the “WARM SPRINGS” are
now to be found the various medicinal qualities
which arc adapted to the cure of every form of dc
sease curable by such remedies.
Situated also as this place is, 3934 feet above
the level of the eea, (according to Dr. Botling’s es
timate,) low-country people can be assured offind
ing here as salubrious atmosphere as can be fouud
I in higher latitudes.
In addition of these natural attractions of the
place, the Proprietor has procured the services of
Mr. Jakts J. Bahbet, who is favorably known at
Old Point Comfort and White Sulphur Springs, (Va)
and at Stony Point and Saratoga, (N. Y.) as an ac
complished musician and gentleman, who will have
charge of the BALL-ROOM, and devote his whole
time to the amusement of those who may be fond
of Music and the Dance
ROBERT BONNER, Proprietor.
Q/T Board,including use of Sulphur and Chaly
beate waters and Warm Baths, S2O per month.
July 11, 1848. 29 4t
PIANO FORTES.
MUSIC, to. to.
BRUNO &~VIRGINS,
HAVE now on hand, and offer for sole at their
Stores at
Columbus, Ga., under the Bank of St. Mary’s.
Macon, Ga-, opposite the Washington Hall.
Montgomery, Ala-, under the Madison House.
A large assortment of Piano Fortes, from the
celebrated Manufactories of
J. CHICKERING NUNNS A CLARK,
LEMUEL GILBERT and others.
Pianos withColeman’sfmproord Aeolian Attachment.
New and Fashiuiiable Music ;
Instruction Books forthe Piano, Guitar, Violin, &c.
&c.; Violins, Bass Viols, Guitars, Flutes, Clarinets,
Flageolets, Fifes, Drums, Mail Horns, Hunting
Horns ; Instruments for Brass Bands; Violin Bows;
fine Flutinos and French Accordeons; Seraphines ;
best Italian, English k French Violin Strings, and
all other articles usually kept in a Music Store.
JST Also, a splendid assortment of fine
Gold and Silver WATCHES,
Jewelry and Silver Ware; Silver Pla-
K'. Cm ted Candlesticks and Castors; Lamps, Giron
delles, Fancy Goods, Spectacles, Mathematical In
struments, Ruzors, Knives, Scissors; PISTOLS,
GUNS, and Walker’s Percussion Caps.
U3r W'atches, Clocks, Jewelry and Musical
Boxes, REPAIRED and W ARRANTED—
Engraving neatly executed.
Feb. 29, 184S 10—ts
PIANOS! PIANOS!!
nm “ tm
CHARLES REPS’ MUSIC W AREROOM,
Broad street, over Pond & Willcox’s Drug Store.
r FHE following Piano Fortes with the French
L GRAND ACTION, are offered for sale at this
place.
3 Rosewood Piano’s of six Octaves from the Mau
nufactory of. H. WORCESTER.
1 Mahogany do. do. H. WORCESTER.
2 Rosewood Piano’s, six Octaves, from the Man
ufactory of. BACON & RAVEN.
1 Mahogany do. do. do. BACON & RAVEN.
1 Mettle Oak Plano Forte of 6} Octaves (Gothic
style) H. WORCESTER.
2 Rosewood Piano’s (seven Octaves) from the
Manufactory of BACON & RAVEN.
2 Rosewood iEolian Piano Fortes, manufactured
by T. GILBERT & Cos., Boston.
Piano Stools and Covers of fancy and elegant pat
terns to match any of the above instruments.
Also, new and fashionable Music—FKRUETT’S
I CHEAP MUSlC—Singing Books and instruction
Books, and a great variety of Musical Instruments.
March 28. IS4S.
TD DISCHAiiBEL VDLUKTEERS.
t'T’HE undersigned have associated
I themselves together forthe purpose
of establishing claims of Discharged Sol
diers, who are entitled to Land or Scrip
from Government. Having each been
separately engaged in the same business,
during the past year, their past success
will be a sure guarantee for those who
may hereafter have occasion to employ
them. Arrangements have been made in
Washington by which the earliest and
most efficient attention will be given to all applica
tions entrusted to their management. Since the
act was first passed allowing Volunteers a Bounty,
independent of monthly pay, several amendments
and modifications have been made, by which many
claims that have hitherto been rejected, will now
be allowed. To all such we solicit a trial, and if
we do not succeed, we will charge nothing for our
services. All persons interested will probably find
th s the most sure and speedy method of having
their claims adjusted. The best references given
if required. All communications to ensure atten
tion must be post-paid. V. H. CADY,
R. G. MITCHELL.
June 27, IS4S. 27—ts
IRON WORK.
THE “Vnriely Works” arc prepared to execute
Iron Work for Mills and Factories, in the
most complete manner.
They have Forgers and Finishers who thorough
ly understand their business and have an Engine
Lathe purchased at great expense, which is large
| enough to turn and bore Iron 12 leet long and 42
inches ill diameter.
! Orders will he prompt’y executed on terras lower
| than usual for cash and the work, warranted equal
j to any turned out of the best shops in New En
gland.
Columbus Ga. June 20, IS4S 26—ly
$25 REWARD.
tD AXAWAY from I lie plantation
JL%a ofP. J. Lucius, in Greeneco.,
Ala., near Buck Creek P. 0., a negro
boy, bright mulatto, named PETER,
freckled-face, and bushy head, about
24 years old, stout built, weighing
about ISO lbs., and has a few small
scars about his eyes. He is supposed
to be making his way to South Carolina, I will
give $25 reward to any person who will secure and
confine him ia auv jail so as I can get him.
P. J. LUCIUS.
July n. IS4B. 89—ts
ICE! ICE !!
HAYING obtained onr nsnnl qnantitv for the
season, the house has no opened.—-Being
desirous of serving our customers at the lowest pos
sible rates, in order to place it within the reach of
every family, until farther notice we shall sell at
cts. per lb. For the accommodation of Families
who hare to trust to servants. Ticker* can be ob
tained. V. H. CADY, for Proprietors.
March 2S, IS4S. 14—ts
MADDEN S ADAMS,
HAVE rrmovrd their Marble Works to the
East side ofßroad-st. near the Market-House,
where they will k*cp constantly on hand a choice
selection of
ITALIAN AND AMERICAN MARBLE,
von
Grave Stones, Monuments, Tab
lets Tombs, Arc.,
And solieit a continuance of public patronage.
They are determined to sell at a small advance on
New York prices, and tower than any establishment
in this part of the country. ALL ORDERS fronj
the Country attended to, the same as if ordered in
person.
fj- ENGRAVING and CARVING done in the
best manner. PLASTER of PARIS and ROMA A
CEMEST, always on hand, for sale.
April 11, ISIS. 16—tlj
SEOMIA AM) ALABAMA BLANKS,
FOR -AI.U AT THIS OFFICE-
fH§£ ®of.uin()Ro’
POETRY.
From the Washington Union.
The Democratic Flag.
CASS, BCTLKR, AND DEMOCRACY.
Flag of the free, thy glorious stars
Shine iorth, o’er land and sea,
And millions hail with loud huzzas
The banner of the free—
Cass, Butler, amd I*koc*act ;
Wav, wave the banner high,
’Tis like the sun iu brilliancy,
That ’luines the morning sky.
The soldier from the bloody field—
The sailor on the sea--
With stern resolve will nobly shield
This flag of victory ;
For glorious Cass has proudly saved
The freedom oe the seas;
And Butler, with his veterans, braved
The “ battle and the breeze.”
Unfold the flag—’tis freedom’s cause—
W’ith voice of loudest cheer;
For equal rights and equal laws
Are all emblazoned there.
Democract, thy potent name,
Proud emblem of the free,
Shall kindle everywhere the flame—
The fire of liberty.
Flag of the free 1 beneath thy sway,
Where’er thy folds shall blaze,
Thrones, crowns, and sceptres melt away;
Kings tremble as they gaze !
And renovated millions rise,
Like Bethel’s hosts, to see
The star that guides their longing eyes —
The star of liberty ?
Europe ! thy down-trod myriads wake,
Bleeding at every pore ;
Ireland ! thy children’s fetters break ;
France, red with human gore,
Awake I in God’s own image made,
Arise, your rights receive;
The brazen serpent is displayed—
Awake 1 look up and live !
Flag of the free, thy pathway holds
Its course o’er every foe;
Atlantic breezes swell thy folds,
Pacific zephyrs blow.
And soon as God is provident,
We’ll bound thee by the sea;
Cass, Butler, and the Continent,.
Our motto then shall be.
The north and south in union joined,
The east and west shall vie,
In harmony and peace combined
’Neath Freedom’s watchful eye.
O’er every land thy folds shall fly,
And every eye shall see,
Cass, Butler, and Democract,
The banner of the free.
POLITICAL.
MR. CALHOUNS SPEECH.
Iu the Heuatc, on Tuesday, June 27th, on the
bill to establish a territorial government
In Oregon, In reply to the speech of Mr.
DL\, of New-York.
The Senate having resumed the consid
eration, as in committee of the whole, of the
Oregon hill, Mr. Bright, of Indiana, an
nounced that, at the proper time, he should
move to extend the line of the Missouri
Compromise overall new territory, by pro
posing the adoption of the following amend
ment :
“ And be it further enacted, That in all the terri
tories owned by the United States, including Ore
gon, New Mexico, and Upper California, which lie
north of 36° 30’ north latitude, slavery nor invol
untary servitude in the said territory, otherwise than
in the punishment oi crimes, whereof the party
shall have been duly convicted, shall he, and is
hereby, forever prohibited: Provided always, That
any person escaping into the same whose labor or
service is lawfully claimed in auv SMate or territory
of the United States, such fugitive may be lawfully
reclaimed and conveyed to the person claiming his
or her labor or services as aforesaid.”
Mr. CALHOUN soon afterwards arose
and addressed the Senate as follows, in re
ply to the speech of the Hon. John A. Dix,
of New York:
There is a very striking difference be
tween the position on which the slavehold
ing and non-slaveholding States stand in
reference to the subject under considera
tion. The fonner desire no action of the
government; demand no law to give them
any advantage in the territory about to he
established; are willing to leave it and oth
er territories belonging to the U. States,
open to all their citizens, so long as they
continue to be territories, and when they
ceased to be so, to leave it to their inhabi
tants to form such governments as might
suit them, without restriction or condition,
except that imposed by the constitution, as
a prerequisite for admission into the Union.
In short, they are willing to leave the whole
subject where the constitution and the great
and fundamental principles of self govern
ment place it. On the contrary, the non
slaveholding States, instead of being wil
ling to leave it on this bread and equal
foundation, demand the interposition of the
government and the passage of an act to
exclude the citizens of the slaveholding
States from emigrating with their property
into the territory in order to give their cit
izens and those they may permit, the ex
clusive right of settling it, while it remains
in that condition, preparatory to subjecting
it to like restrictions and conditions when
it becomes a State. The 12th section of
this hill is intended to assert and maintain
this demand of the non-slave holding States
while it remains a territory, not openly or
directly, but indirectly, by extending the
provisions of the bill for the establishment
of the lowa territory to this, and by ratify
ing the acts of the informal and self consti
tuted government of Oregon, which, among
others, contains one prohibiting the intro
duction of slaver}-. It thus, in reality,
adopts what is called the Wilmot Proviso,
not cnly for Oregon, but, as the bill now
stands, for New Mexico and California.—
The amendment, on the contrary, moved
by the Senator from Mississippi, near me,
[Mr. Davis, 3 is intended to assert and
maintain the position of the slaveholding
States; it leaves the territory free and open
to all the citizens of the U. S. and would
overrule, if adopted, the act of the self-con
stituted territory of Oregon and the 12th
section, as far as it relates to the subject
under consideration. We have thus fairly
presented the grounds taken by the non
slaveholding and the slaveholding States,
or as I shall call them for the sake of brev
ity, the northern and southern States, in
their whole extent for discussion.
The first question which offers itself for
consideration is: Have the northern States
the power which they claim, to exclude
the southern from emigrating freely, with
their property, into territories belonging to
the United States, and to monopolize them
for their exclusive benefit l
It is, indeed, a great question. I pro
pose to discuss it calmly and dispassion
ately. I shall claim nothing which does
net fairly and clearly belong to the south
ern States, either as members of this fed
eral Union or appertaining to them in their
separate aud individual character; nor shall
1 yield any which belongs to them in either
capacity. lam influenced neither by sec
tional nor party considerations. If I know
myself, I would repel as promptly and de
cidedly any aggression of the South on the
North, as 1 would any on the part of the
latter on the former. And let me add, I
hold the obligation to repel aggression to
be not much less solemn, than that of ab
staining from making aggression ; and that
the party which submits Jo it when it can
be resisted, to be not much less guilty and
responsible for consequences than that
which makes it. Nor do I stand on party
grounds. What I shall say in reference
tpthis subject, I shall say entirely without
“THE UNION OF THE STATES AND THE SOVEREIGNTY OF THE STATES.”
COLUMBUS, GEORGIA, TUESDAY MORNING, AUGUST 1, 1848.
reference to the Presidential election. I
hold it to be infinitely higher than that and
all other questions of the day. I shall di
rect my efforts to ascertain what is consti
tutional, right and just, under a thorough
conviction that the best and only way of
putting an end to this, the most dangerous
of all questions to our L T nion and institu
tions, is to adhere rigidly to the constitu
tion and the dictates of justice.
With these preliminary remarks, I recur
to the question. Has the North the pow
er which it claims under the 12th section
of this bill ? I ask, at the outset, where is
the power to be found ? Not certainly in
the relation in which the northern and
southern States stand to each ether. They
are the constituent parts or members of a
common federal Union ; and, as such, are
equals in all respects, both in dignity and
rights, as is declared by all writers on gov
ernments founded on such Union, and as
may be infeired from arguments deduced
from their nature and character. Instead,
then, of affording any countenance or au
thority in favor of the power, the relation
in which they stand to each other furnish
es a strong presumption against it. Nor
can it be found in the fact that the South
holds property in slaves. That, too, fairly
considered, instead of affording any au
thority for the power, furnishes a strong
presumption against it. Slavery existed
in the South when the constitution was
framed, fully to the extent in proportion to
their population as it does at this time.
It is the only property recognized by itj
the one that entered into its formation as a
political element, both in the adjustment
of the relative weight of the States in the
government, and the apportionment of di
rect taxes ; and the only one that is put
under the express guarantee of the consti
tution. It is well known to all conversant
with the history of the formation and
adoption of the constitution, that the South
was very jealous in reference to this pro
perty; that it constituted one of the diffi
culties, both to its formation and adoption,
and that it would not have assented to
either, had the convention tefused to allow
to it its due weight in the government, or to
place it under the guarantee of the consti
tution. Nor can it be found in the way
that the territories have been acquired. I
will not go into particulars in this respect
at this stage of the discussion. Suffice it
to say, the whole was acquired either by
purchase out of the common funds of all
the States, the South as well as the Noith,
or by arms and mutual sacrifice of men
and money, which, instead of giving any
countenance in favor of the power claimed
by the North, on every principle of right
and justice, furnishes strong additional
presumption against it.
But, if it cannot be found in either, if it
exists at all, the power must be looked for
in the constitutional compact, which binds
these States together in a federal Unicn ;
and now I ask can it be found there ?
Does that instrument contain any provis
ion which gives the North the power to
exclude the South from a free admission
into the territories ofthg U. States with
its peculiar property, and to monopolize
them for its own exclusive use ? If it in
fact contains such power, expressed or im
plied, it must lie found in a specific grant,
or be inferred by irresistible deduction,
from some clear and acknowledgedpporer.w r
er. Nothing short of the one or the other
can overcome the strong presumption a
gainst it.
That there ie no such specific grant may
be inferred beyond doubt, from the fact
that no one has ever attemped to designate
it. Instead of that, it has been assumed—
taken for granted without a particle of proof
—that Congress has the absolute right to
govern the territories. Now, I concede, if
it does in reality possess such power, it
may exclude from the territories who or
what they please; and admit into them
who or what they please; and of course
may exercise the power claimed by the
North to exclude the South from them.—
But I again repeat, where is this absolute
power to be found ? All admit that there
is no such specific grant of power. If,
then, it exists at all, it must be inferred
from some such power. I ask where is
that to be found ? The Senator from New
York, behind, [Mr. Dix,] points to the
clause in the constitution which provides
that “Congress shall have power to dispose
of and make all needful rules and regula
tions respecting the territory and other
property belonging to the United States.”
Now, 1 undertake to affirm and maintain
beyond the possibility of doubt, that so far
from conferring absolute power to govern
the territories, it confers no governmental
power whatever: no, not a particle. It
refers exclusively to. territory regarded
simply as public land. Every word re
lates to it in that character, and is wholly in
applicable to it considered in any ether
character but as property. Take the ex
pression ‘dispose of,’ with which it begins.
It is easily understood what it means when
applied to lands; and it is the proper and
natural expression regarding the territory
in that character, when the object is to con
fer the right to sell or make other disposi
tion of it. But who ever heard the ex
pression applied to government! and what
passible meaning can it have when so ap
plied ? Take the next expression, ‘to make
all needful rules and regulations.’ These
regarded separately, might, indeed, be ap
plicable to government in a loose sense; but
they are never so applied in the constitu
tion. In every case where they are used
in it, they refer to property, to things, or
some process, such as the rules of court, or
of the House of Congress for the govern
ment of their proceedings, hut never to
government, which always implies persons
to be governed. But if there should be
any doubt in this case, the words immedi
ately following which restrict them to ma
king “rules and regulations respecting the
territory and other property of the United
States,” must effectually expel it. They
restrict their meaning, beyond the possibil
ity of doubt, to territory regarded as prop
erty.
But if it were possible for doubt still to
exist, another and conclusive argument stiii
remains to show that the framers of the
constitution did not intend to confer by this
clause governmental powers. I refer to
the clause in the constitution which dele
gates the power of exclusive legislation to
Congress over this District and “ail places
purchased by the consent of the legislature
of the State in which the same may be for
the erection of forts, magazines, arsenals,
doek yards, and other needful buildings.”
The places therein referred to are clearly
embraced by the expression, “other prop
erty belonging to the U. States,” contained
in the clause I have just considered. But
it is certain that if it had been the intention
of the framers of the constitution to confer
governmental powers over such places by
that clause, they never would have dele
gated it by this. They were incapable of
doing a thing so absurd. But it is equal
ly certain, if they did not intend to confer
such power over them, they could not
have intended it over territories. What
ever was conferred by the same words in
reference to one must have been intended
to be conferred in reference to the other,
and the reverse. The opposite supposition
would be absurd. But, it may be asked,
why the term territory was omitted in the
delegation of exclusive legislation to Con
gress over the places enumerated ? Very
satisfactory reasons may, in my opinion,
be assigned. The former were limited to
plates lying within the limits and jurisdic
tion of the States, and the latter to public
land lying beyond beth. The cession and
purchase of the former, with the consent
of the State within which they might be
situated, did not oust the sovereignty cr
jurisdiction of the State. They still re
mained in the State, the United States ac
quiring only tne title to the place. It,
therefore, became necessary to confer on
Congress, by express delegation, the exer
cise of exclusive power of legislation over
this District and such places, in order to
carry out the object of the purchase and
cession. It was simply intended to with
draw them from under the legislatures of
the respective States within which they
might lie, and substitute that of Congress
in its place, subject to the restrictions of
the constitution and the objects for which
the places were acquired, leaving, as I
have said, the sovereignty still in the State
in which they are situated, but in abey
ance, as far as it extends to legislation.—
Thus, in the case of this District, since the
retrocession to Virginia of the part beyond
the Potomac, the sovereignty still contin
ues in Maryland in the manner stated.—
But the case is very different in reference
to territories, lying as they do beyond the
limits and jurisdiction of all the States.—
The United States possess not simply the
right of ownership over them, but that of
exclusive dominion and sovereignty ; and
hence it was not necessary to exclude the
power of the States to legislate over them,
by delegating the exercise of exclusive leg
islation to Congress. It would have been
an act of supererogation. It may be prop
er to remark, in this connection, that the
power of exclusive legislation conferred in
these cases must not be confounded with
the power of absolute legislation. They
are very different things. It is true thst
absolute power of legislation is always ex
clusive, but it by no means follows that ex
clusive power of legislation or of govern
ment is likewise always absolute. Con
gress has the exclusive power of legislation
as far as this government is concerned, and
the State legislatures as far as their respec
tive governments are concerned, but we
all know that both are subject to many and
important restrictions and conditions which
the nature of absolute power excludes.
I have now made good the assertion I
ventured to make, that the clause in the
constitution relied on by the Senator from
Now-York, so far from conferring the ab
solute power ol government over the terri
tory claimed by him, and others who agree
with him, confers not a particle of govern
mental power. Having conclusively es
tablished this, the long list of precedents
cited hy the Senator, to prop up the pow
ers which he sought in the clause, falls to
the ground with the fabric which he raised;
and I am thus exempted from the necessity
of referring to them, and replying to them
one by one.
But there is one precedent referred to
by the Senator unconnected with the pow
er, and on that account requires particular
notice. I refer to the ordinance of ’B7,
which was adopted by the old Congress of
the confederation while the convention that
framed the constitution was in session, aad
about one year before its adoption, and of
course on the very eve of the expiration
of the old confederation. Against its in
troduction, I might object that the act of
the confederation cannot rightfully form
precedents for this government; but I
waive that. I waive also the objection that
the act was consummated when that gov
ernment was in extremis, and could hardly
be considered compos mentis. I waive
also the fact that the ordinance assumed
the form of a compact, and was adopted
when only eight States were present,
when the articles of confederation requir
ed nine to form compacts. I waive also
the fact, that Mr. Madison declared, that
the act was without shadow of constitution
al authority, and shall proceed to show
from the history of its adoption, that it
cannot justly be considered of any binding
force.
Virginia made the cession of the territo
ry north of the Ohio, and lying between it
and the Mississippi and the lakes, in 1784.
It now contains the States of Ohio, Indiana,
Illinois, Michigan, Wisconsin, and a very
considerable extent of territory lying north
of the latter. Shortly after the cession,
a committee of three was raised, of whem
Mr. Jefferson was one. They reported
an ordinance for the establishment of the
territory, containing among other pro
visions one, of which Mr. Jefferson was
the author, excluding slavery from the ter
ritory afterthe year 1800. It was reported
to Congress, but this provision was struck
out. On the question of striking out,
every southern State present voted in fa
vor of it; and what is more striking, every
southern delegate voted the same way, Mr.
Jefferson alone excepted. The ordi
nance was adopted without the provision.
At the next session, Rufus King, then a
member of the old Congress, moved a pro
position, very much in the same shape of
the sixth article (that which excludes
slavery) in the ordinance as it now stands,
with the exception of its proviso. It was
referred to a committee, but there was no
action on it. A committee was moved the
next or the subsequent year, which re
ported without including or noticing Mr.
King’s proposition. Mr. Dane was si
member of that committee, and proposed a
provision the same as that in the ordinance
as it passed, but the committee reported
without including it. Finally, auother
committee reported without including it,
Finally, another committee was raised, at
the head of which was Mr. Carrington,
of Virginia, and of which Mr. Dane was
also a member. That committee reported
without including the amendment previous
ly by him. Mr. Dane moved
his proposition, which was adopted, and
the repsjfref the committee thus amended
becante the ordinance of ’B7.
It may be inferred from this brief histor
ical sketch that the ordinance was a com
promise between the southern and Nor
thern States, of which the terms were that
slavery should be excluded from territory
upon condition that fugitive who
might take refuge in the territory, should
be delivered up to their owners, as stipu
lated in the proviso of the 6th article of the
ordinance. It is manifest from what has
been stated that the South was unitedly
and obstinately opposed to the provision
when first moved; that the proposition of
Mr. Kino, without the proviso, was in lihe
manner resisted by the South, as may be
inferred from its entire want of success;
and that it never could be brought to agree
to it until the provision for the delivery
up of fugitive slaves was incorporated in
it. But it is well understood that a com
promise involves not a surrender, but
simply a waiver of the right or power;
and hence in the Case of individuals, it is
a well established legal principle that an
offer to settle by compromise a litigated
claim is no evidence against the justice'of
the side of the party making it. The
South, to her honor, has observed with
fidelity her engagements under this compro
mise ; in proof of which, I appeal to the
precedents cited by the Senator from Ncw-
York, intended by him to establish the fact
of her acquiescence in the ordinanco. I ad
mit that she has acquiesced in the several
acts of Congress to carry it into effect;
but the Senator is mistaken in supposing
that it is proof of surrender, on her part,
of the power over territories, ivhich he
claims for Congress. No, she never will
make such a surrender. Instead of that,
it is conclusive proof of her fidelity to her
engagements. She has never attempted
to set aside the ordinance, or to deprive
the territory, and the States erected within
its limits, of any right or advantage it was
intended to confer. But I regret that as
much cannot be said in favor of the fideli
ty with which it has been observed on
their part. With the single exception of
the State of Illinois—be it said to her honor
—every other State erected within its lim
its has pursued a course and adopted
measures which have rendered the stipu
lations of the proviso to deliver up fugitive
slaves nugatory. Wisconsin may, also,
be an exception, as she has just entered the
Union, and has hardly had time to act on
the subject. They had gone farther, and
suffered individuals to form combinations,
without an effort to suppress them, for
the purpose of enticing and seducing the
slaves to leave their masters and to run them
into Canada beyond the reach of cur laws—
in open violation, not only of the stipulations
of the ordinance, but of the constitution it
self. If I express myself strongly, it is
not for the purpose of producing excitement,
but to draw the attention of the Senate for
cibly to the subject. My object is to lay
bare the subject under consideration, just
as a surgeon probes to the bottom and lays
open a wound, not to cause pain to his pa
tient, hut for the purpose of healing it.
Mr. Hannegan. — l am not aware that
there is any such law in Indiana.
Mr. Calhoun.—l spoke on the author
ity of a report of one of the committees of
this body.
Mr. Butler. —ln that report I alluded
particularly to the northern and New Eng
land States ; and Illinois, I believe, was the
Gnly exception.
Mr. Corwin. —Will the Senator allow
me to enquire what law on the statute-book
of Ohio prevents the recapture of fugitive
slaves ?
Mr. Calhoun.— My colleague can doubt
less refer to the law. I made the state
menton the authority of his report.
Mr. Corwin. —There is no such law
in Ohio.
Mr. Calhoun. —I am very happy to
find that it is not so; and I should be equal
ly happy if the Senator will make it out
that there are no organized bodies of indi
viduals for the purpose of pilfering our
slaves.
Mr. Corwin. —Am I to understand the
Senator,when he spoke c f “incorporated in
dividuals,” as referring to the Legislature?
Mr. Calhoun. —No; merely organized
individuals—a very different thing from
corporations.
Mr. Butler. —On that point I refer the
Senator to the document on the files of the
Senate. If the gentleman desires to call
out explanations of that kind, he can be grat
ified.
Mr, Calhoun. —l come now to another
precedent cf a similar character, but differ
ing in this; that it took place under that
of the old confederation : I refer to what
is known as the Missouri compromise. It
is more recent, and better known, and may
be more readily despatched.
After an arduous struggle of more than a
year, on the question, whether Missouri
should come into the Union, with or with
out restrictions prohibiting slavery, a com
promise line was adopted between the
North and South ; but it was done under
circumstances which made it nowise oblig
atory on the latter. It is true, it was
moved hy one of her distinguished citi
zens, [Mr. Clay,] but it is equally so that
it was carried by the almost united vote
of the North, against the almost united vote
of the South ; and was thus imposed on the
latter by superior numbers, in opposition
to her strenuous efforts. The South has
never given hersanction to it, nor assented
to the power it asserted. She was vo
ted down and has simply acquiesced in an ar
rangement which she has not had the
power to reverse, and which she could not
attempt to do without disturbing the peace
and harmony cf the Union—to which she
has ever been adve-se.. Acting on this
frnciple, she permitted the Territory ol
lowa to be formed, and the State to be
admitted into the Union, under the com
promise, without objection; and that is
now quoted by the Senator from New-York
to prove her surrrender of the power he
claims for Congress.
To add to the strength of this claim, the
advocates of the power hold up the name
of Jefferson in its favor, and go so far as
to call him the anther of the so-called
Wilmot Proviso, which is but a gen
era! expression of power of which the
Missouri compromise is a case of its
application. If we may judge by his
opinion of that case, what his opinion was
of the principle, in its favor, no one could
be more deadly hostile to it. In a letter
addressed to the elder Adams, in 1819, in
answer to one from him, be uses these re
markable expressions in reierence to the
Missouri question;
“The hank, bankrupt law, manufactures,
Spanish treaty, are nothing. These are occurren
ces, which, like wave* in a storm, will pass under
the ship. But the Missouri question is a breaker
on which we lose the Missouri country'by re volt,
and what moife God only knows.”
To understand the full force of these ex
pressions it must be borne in mind that the
questions enumerated were the great and
exciting political questions of the day on
which parties divided. The bankrupt
law had long been so. Manufactures,
or what has since been called the protec
tive tariff, was at the time a subject of great
excitement, aa was the Spanish treaty,
that is, the treaty by which Florida was
ceded to the Union, and by which the
western boundary between Mexico and the
U. States was settled from the Gulf of
Mexico to the Pacific occean. All these
exciting party questions of the day Mr.
Jeffkhson regarded as nothing compared
to the Missouri question. He looked on
all of them as in their nature fugitive; and to
use his own forcible expression, “ would
pass off under the ship of State like waves
in a storm.” Not so that fatal question,
It was a breaker on which k was destined
to be stranded i and yet his name is quoted
by the incendiaries of the present day in
support of, and as the author of, a proviso
which would give indefinite and univer
sal extension to this fatal question to all
the territories ’ It was compromised the
| NUMBER 32.
next year by the adoption of the line to
which I have referred. Mr. Holmes, of
Maine, long a member of this body, who
voted for the measure, addressed a letter
to Mr. Jefferson, inclosing a copy of his
speech on the occasion. It drew out an
answer from him which ought to be treas
ured up in the heart of ever)’ man who
loves the country and its institutions. It
is brief. I will send it to the Secretary to
be read. The time of the Senate cannot
be better occupied than in listening to it:
TO JOHN HOLMES.
Mosticklio, April 22, 1820.
I thank you, dear sir, tor the copy you have
beeiTsokind as to send me of the letter to your con
stituents on the Missouri question. It is a perfect
justification to them. I hurl fur a lung time ceas
ed to read newspapers, or pay any attention to
public affairs, confident they were in good han-le, and
content to be a passenger in our bark to the shore
from which lam not distant. But this momentous
question, like a fire bell in the night, awakened
and tilled me with terror. I considered it at once
as the kticllofthe Union. It is hushed, indeed,
for the moment; but this is a reprieve only, not a
final sentence, A geographical line coinciding
with a marked principle, moral and political, once
conceived and held up to the angry passions of
men, will never be obliterated, and every new irri
tation will mark it and eper and deeper. I can say,
with conscious truth, that there is not a man on
earth who would sacrifice more than I would to
relieve us from this heavy reproach, in any practi
cable way. The cession of that kind of property,
(for so it is misnamed) is a bagatelle, which would
not cost me a second thought, if in that way, a
general emancipation and expatriation could be
effected ; and gradually, and with due sacrifices, I
think it might be. But as it is, we have the wolf
by the ears, and we can neither hold him, nor safe
ly let him go. Justice is in one scale, and sell
preservation in the other. Os one thing lain cer
tain, that as the passage of free slaves from one
State to another, would nut make a slave of a sin
gle human being who would not be so without
it, so their diffusion over a greater surface would
make them individually happier, and proportion
ally facilitate the accomplishment of their emanci
pation, by dividing ’lie burden on a greater num
ber of coadjutors. An abstinence, too, from this
aat of power, would remove the jealousy excited by
the undertaking of Congress to regulate the con
dition of the different descriptions of men compos
ing a State. This certainly is the exclusive right
ot every State, which nothing in the constitution
has taken from them, and given to the general
government. Could Congress, for example, say,
that the non-freemen ol Connecticut shall he free
men, or that they shall not emigrate into any other
State I
I regret that I am now to die in the belief, that
the useless sacrifice of themselves by the generation
of 1776, to acquire self government and happiness
to their country, is to be thrown away by the un
wise and unworthy passions of their sons, and
that my only consolation is to be, that I shall npt
live to weep over it. If they would but dispassion
ately weigh the blessings they will throw away,
against an abstract principle, more likely to be ef
fected by union than by cession, they would pause
before they would perpetrate this act of suicide on
them>elves, and of treason against the bo;ies ol the
world. To yourself as the faithful advocate of the
Union, I tender the offering of my high esteem and
respect.
THOMAS JEFFERSON.
Mark his prophetic words! Mark his pro
found reasoning!
“It [the question] in hushed for the moment.
But thia is a reprieve only, not a final sentence .
A geogiaphical hne coinciding with a marked prin
eip'e, moral and political, once conceived and held
up to the angry passions of men , veil! never be ob
literated, and every new irritation will mark it
deeper and deeper. ’
Twenty-eight years have passed since
these remarkable words were penned, and
there is not a thought which time has not
thus far verified; and it is to be feared will
continue to verify until the whole will be
fulfilled. Certain it is, that he regarded
the compromise line as utterly inadequate
to arrest that fatal course of events which
his keen sagacity anticipated from the ques
tion. It was but a “reprieve,” Mark the
deeply melancholy impression which it
made on his mind:
“I regret that I am to die in the belief that
the useless sacrifice* of themselves by the genera
tion of 1776, to acquire self-government and hap
piness for themslves, is to be thrown away by the
unwise and unworthy passions of their sons, and
that my onlv consolation is to be, that I shall not
live to weep over it.”
Can any one believe, after listening to
this letter, that Jefierson is the author of
the so-called Wilmot Proviso, or ever favor
ed it? And yet there are at this time stren
uous efforts making in the North to form
a purely sectional party on it, and that too,
under the sanction of those who profess the
highest veneration for his character afid
principles! But I must speak the truth ;
while I vindicate the memory of Jefferson
from so foul a charge, I hold he is not blame
less in reference to this subject. He com
mitted a great error in inserting the provis
ion he did, in the plan he reported for the
government of the territory, as much modi
fied as it was. It was the first blow—the
first essay “to draw a geographical line
coinciding with a marked principle, moral
and political.” It originated with him in
philanthropic, but mistaken views of the
most dangerous character, as I shall show
in the sequel. Others, with very different
feelings and views, followed, and have giv
en to it a direction and impetus which, if
not promptly and efficiently arrested, will
end in the dissolution of the Union, and
the destruction of our political institu
tions.
I have, I trust, established beyond con
troversy that neither the ordinance of 17b7,
nor the Missouri compromise, nor the pre
cedents growing out of them, nor the au
thority of Mr. Jefferson, furnishes any evi
dence whatever to prove that Congress pos
sesses the power over the territory claimed
by those who advocate the 12th section of
this bill. But admit, for the sake of argu
ment, that I am mistaken, and that the ob
jections I have urged against them are
groundless—give them all the force which
can be claimed for precedents—and they
would not have the weight of a feather a
gainst the strong presumption which I, at
the outset of my remarks, she wed to be op
posed to the existence of the power. Pre
cedents, even in a court ofjustice, can have
but little weight, except where the law is
doubtful, and should have little in a delib
erative body, in any case, on a constitu
tional question, and none, where the power
to which it has been attempted to trace it
dees not exist, as I have shown, I trust, to
be the case in this instance.
But while I deny that the clause relat
ing to the territory and other property of
the United States confers any government
al, or that Congress possesses absolute
power over the territories, I by no means
deny that it has any power over them.
Such a denial would be idle on any occa
sion, but much more so on this, wHea we
are engaged in constituting a territorial
government, without an objection being
whispered from any quarter against our
right to do so. If there be any Senator of
that opinion, he ought at once to rise and
move to lay the bill on the table, or to dis
pose of it in some other way, so as to pre
vent the waste of time on a subject upon
which we have no right to act. Assum
ing, then, that we possess the power, the
on]v questions that remain a re—whence is
it derived, and what is its extent ?
A to its origin, I concur in the opinion
expressed by Chief Justice Marshall, in
one of the cases read by the Senator from
New-York, that it is derived from the right
of acquiring territory; and I am the more
thoroughly confirmed in it from the fact.
that I entertained the opinion long before
I knew it to be his. As to of ac
quiring territory, I agree with the Senator
IromNew York, the t it is embraced, with
out going further, both in the war and trea
ty pawers. Admitting, then, what ha*
never been denied, and what it would bn
idle to da so in a discussion which relates
to territories acquired both by war and
treaties, that the United States have tho
right to acquire territories, it would seem
to follow by necessary consequence, that
they have the right to govern them. An
they possess the entire right of soil, do
minion, and sovereignty over them, they
must necessarily carry with them the right
to govern. But this government, as the
sole agent and representative of tho United
States —that is, the States of the Union in
their federal character— must, as such,
possess the sole right.if it exists atali. But
if there be any one disposed to take a dif
ferent view of the origin of the power, I
shall make no points with him ; for what
ever may be its origin, the conclusion would
be the same, as I shall presently show.
But it would be a great error to conclude
that Congress has the absolute power of
governing the territories, because it has
the sole or exclusive power. The reverse
is the case. Itissubjecttomany and impor
tant restrictions and conditions, of which
some arc expressed and others implied.
Among the former may be classed all the
general and absolute prohibitions of tho
constitution; that is, all those which prohi
bit the exercise of certain powers under
any circumstances. In this class is includ
ed the prohibition of granting titles of no
bility; passing ex post facto laws and bills
of attainder; the suspension of the writ of
habeas corpus, except in certain cases;
making laws respecting the establishment
of religion, prohibiting its free exercise; and
every other of like description, whichcon
clusively shows that the power of Congress
over tho territories is not absolute. Indeed,
it is a great error to suppose, that either this
cr the State governments possess in any
case absolute power. Such power can be
long only to the supremo ultimate power
called sovereignty, and that, in our system,
resides in the people of the several States of
tho Union. With us, governments, both
federal and State,are but agents, or,moro
pr, perlv, trustees, and, cs such, posse*;,
not absolute, but subordinate and limited
powers; for all powers possessed by such
governments must from their nature be
trust powers, and subject to all the restric
tions to which that class of powers are.
Among then), they arc restricted to the
nature and the objects of the trust; and
hence no government under our system,
federal or State, has the right to do any
thing inconsistent with the nature of the
powers entrusted; to it or the objects for
which it was entrusted; or to express it in
mere usual language, for which it was del
egated. To do e.tiier would be to pervert
the power to purposes never intended, end
would be a violation of the constitution, and
that in the most dangerous way it could bo
made, because more easily dene and less
detected. But there is another and im
portant class of restrictions which more di
rectly relate to the subject under discus
sion; I refer to those imposed on the trus
tees by nature and character of the party,
who constituted the trustees and invested
them with the trust powers to be exercised
for its benefit. In this case it is the Uni
ted States, that is the several States of the
Union. It ivas they who constituted tho
government as their representative or trus
tee, and entrusted it with powers to be ex
ercised for their common and joint benefit,
To them in their united character, the ter
ritories belong, as it is expressly declared
by the constitution. They are their joint
and common owners, regarded as property
or land, and in them, severally, reside tho
dominion and sovereignty over them. They
are as much the territories of one State as
another, —of Virginia as of New-York t of
southern as the northern States, They
are the territories of all, because they are
the territories of each; and not of each, be
cause they are the territories of the whole.
Add to this the perfect equality of dignity,
as well as rights, which appertains to then;
as members of a common federal Union,
which all writers on the subject admit to
be a fundamental and essential relation be
tween the States so united, and it must be
manifest that Congress, in governing the ter
rit< ries, can give no preferences or advan
tages to one State over another, without de
priving the State or section over which
the preference is given, or from which
the advantage is withheld, of their clear
and unquestionable right, and subverting
the foundation on which the Union and
government rest. It has no more power
to do so than to subvert the constitution it
self, Indeed, the act itself would be its
subversion. It would destroy the relation
of equality on the part of the southern
States, and sink them to mere dependents
of the northern, to the total destruction of
the federal Union.
I have now shown, I trust, tcyond con
troversy, that Congress has no power what
ever to exclude the citizens of the southern
States from emigrating with their proper
ty into the territories of the United States,
or to give an exclusive monopoly of them
to the North. I now propose to go one step
farther, and show that neither the inhabi
tants of the territories nor their legislature*
have such right. Avery few word* will be
sufficient for the purpose ; for of all the po
sitions ever taken, I hold that which claims
the power for them to be the most absurd.
If the territories belong to the U, States—if
the ownership, dominion and sovereignty
over them be in the States of this Union,
then neither the inhabitants of the territo
ries, nor their leg slaturcs, can exercise
any power but what is subordinate to
them; but if the contrary could be shown,
which I hold to be imp ssiblc, it would bs
subject to all the restrictions, to which I
have shown the power cf Congress is, and
for the same reason whatever power they
might hold, would in the case supposed,
be subordinate to the constitution, and con
trolled by the nature and character of our
political institutions. But if the reverse
be true; if the dominion and sovereignty
over the territories be in their inhabitants,
instead of the United States, thoy would
indeed, in that case, have the exclusive
and absolute power of governing them, and
might exclude whom they pleased or what
they pleased. But in that case they would
cease to be the territories of the United
States, the moment we acquired them and
permitted them to be inhabited. The first
halfd <zen of squatters would become the
sovereigns, with full dominion and sover
eignty over them; and the conquered peo
ple if Mexico and California would become
the sovereigns of the county as soon as
they became the territory ot the United
States, vested with the full right of exclud
ing their conquerors. There is r.o escap
ing from the alternative, but by resorting
to the greatest of all absurdities, that of a
divided sovereignty—a sovereignty, a part
es which would reside in ibu United States,
and a part in the inhabitants of the terrrito
ry. How can sovereignty—-the ultimate
and supreme power of a State—be divided?
The exercise of the powers of sovereignty
may be divided, but how can there be two
supreme powers?
We are next told that the laws of Mexi
co preclude slavery; and assuming that
they will remain in force until repealed, It
is contended, that until Congress passes
an act for their repeal, the citizens of the
South cannot emigrate with their pro
perty into the territory acquired from her.
I admit that the laws of Mexico prohibit
not slavery, but slavery in the form it ex
ists with us. The Pecns are a* much
slaves as our negroes, and are less intelli
gent and well treated. But I deny us
the lafvs of Mexico can have the effect at
tributed to them. As soon as the treaty
between the two countries is ratified, the