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s'. H. CHRISTY & T. M. LAMPKEY,)
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NEW SERIES—VOL. II., NO. 12.
ATHENS, THURSDAY, SEPTEMBER 21,1848.
VOLUME XVI. NUMBER 24.
miscellaneous.
SPEECH OF MR. BERRIEN
' o’.iin complete, nnd then, if you pleat,,
• will go to law about it.* r,
* The Honest~£awyer*s! The fair !\ ca # 1 in
It i, now five jears since the widow “["Y' At lcn S »’ ’"J:,*.f 3 P- ‘ be
Stiles called on me one morning before asbed 1 h . ow V t “
breakfast, and asked me to recommend 'l 011 -* 1 ?!” df e ' J ; l . h ‘ 3 ch ^ S ? he ,
her to some lawyer, ... she thought her ! !W old h « ,b £ °} bcr T?, J
friend Stubbs was less correct than he Pfya be hadoo«ion!«,and tak.ng . . .
might be. I asked her to step into the do “ " a blank ! P r ?“* d ? <1 to fiB “• , Be | nad 31 ll “ s , l !°“ r ? r llle ““<1 aher ! and that the Territory should
parlor, and went mvself -o n.y break- , , we . ler, \ ,h ? bargain was (mmpletc, so long and laborious a silting. In do-1 left in the anomalous condition
last and my wife, whose advice I always I!.' e d ? e< t 31 ° ncd * witnessed aa.l ac- , ing tins, sir, I yield to the wishes of, it is now. ~
asked on such points. We had known ! „;a L»l“i='"’Y ad,e 5 lh ?" cnnsak 0 "“ ,a -] Again, it is said thatthh right of ap-
Mrs. Stiles many years; her husband! n /, ^ ra ^’ Sa !' .
.... „ . i J . . c < walked home, “what
was a great land owner in a town of the
JEN, ' plicable to that Territory, whether it be ] tjie Territories of New Mexico and Cal- [ ion. If I did, if I
• ! of larger or of smaller dimensions.— j ifornia were acquired, have undergone ; law our right coul
a , °f‘ a lawyer! ticularly fortunate, if, after the very i illusory ; that the limitation of it to
western country, nnd with n di.inlere.t- i d ,° y " a f aU tb ,' 3 ““V ? 1 va * If 11 . i * STO ' ^cursive debate which lies lakcn place, | cases where the value i„ controversy.
-.i l- .l_. j.. j i—.. that he tins cheated me outali them ; I can recall the attention of theSdnute I exclusive of cost, exyeedatwo thousand
’ • lota ; I have a great tnindlo’-g^ back ; to the real question whicfTthls^BTll pre-i dollars, will prevent itsT^xercise by a
s for our consideration. This will' person suing for his freedom. Sir, if
ed love, that deserved some better
ever pressed it on his helpmate,
first rule of life, to get all she could and
and tear that deed all to flinders.'
nil , Yt i• i I ». 1 assured her that not only wa
keep all she got. He died, and Mrs.,, . , . . , , , , J
„ . ° i i- • late, but that she had clone the proper
rattles became more and more religious • 1 - '
and almsgiving, but also more and more
lond of wealth, and sensible of the ad- ' J ,aC w ,,e a , r ,
_ i.~.j but Mr. Sawyer. Much to my surprise,
I she took niv advice, and that gentleman
! was henceforth her solicitor and coun
selor.
Last week the widow Stiles died, lea-
thing under the circumstances, nnd ad-
ised her in future, to employ n<
mi ruble advice which her husband had
given her.
I slated the facts to my wife, and
waited her opinion. “ Well, William,”
said she, after drinking a cup of codec ■ . _ , . . c . c
ttMB , t-i. vtng me her executor. Alter the tuner*
upon my story, “ 1 fear the old lady . n , , ... . .. ,
• r ‘ ' n in view * n we °P ene d her will, and found
slirnent, in her own hand
has sonic money-getting claim
you know she has of lute given all her
affection to getting more wealth. I ; - v „ ,, . . ...
would therefore recommend her to the ■ , no 'Y. a , men » . ,l ,e S an » . d,at
most honest and conscientious lawyer in i 1 ™ Y"‘ g -'° ?! ve som f r ,h " , S to
town, nnd not to ,be most acute and ! ™y.»J«»rney. I write this myself ;-ibat
thorough one. She relics on your judg
ment ; use it, not for her seeming but
for her real good.”
I counted my legal acquaintance over
—twice over, before l hH on one an-, , n ^
I thought that in strict 1 that condition. The remaining branch
0 -.- :ould not be maintained, * of thi? proposition, that slavery cannot
nange; ne voted with mein favor ; with the conviction which I have of thei exist beyond the limits of the State in
i ... | >f the resolution which I submitted to ; undoubted equity to the claim of the! which it is established, I will consider
; Mexico, furnishes ol itself a strong rea-j the Senate, as an amendment to the South'to participate in all acquisitions i presently. •
Mr. President: It is with great reluc- | son for its organization. It is lit that ■ three million hill, and against the bill' made by the expenditure of the common j The next proposition stated by Sen
tence that I consent to occupy the time ] the interests of the United States should j itself. He voted with me to strike out blood and treasure of all the States, I j ntors is this; The laws of a conquered
ol the Senate, even for a very brief pe- , be protected there ny theirovvn officers, i that part of the boundary in the treaty J would have remained silent, and would j country remain in force until they are
with Mexico which gave these Terrilo- j have left the argument to be sustained i altered bv the conqueror. It is not ne-
ries to the United States; and, failing by those who were to profit by its al- icessary to deny this position, but it is
in these modes of resistance, lie voted j lowance. I have asserted the claim of: desirable to understand it. A country
against the treaty itself. In all ; the South, and I atn not willing to re-1 subdued by force of arms is held as a
1 that the object J turn to my constituents and tell them 'cowjntsi until the right of the conqueror
was to coerce j that I have asserted that claim, but had \ is acknowledged by a, treaty of peace,
this dismember- ; not sufficient confidence in its validity j or until so long u lime has elapsed as to
nr arms; that it; to trust it to judicial decision. If we j destroy the right of post limineof the na-,
lion from whom it has been wrested by
i. If it haS been yielded in
Ou the Compromise Bill. j Nay, the fact ol the existence of the
/„ tk, ofikt Stale*, =6 .1S13. ! cla “ m of Te W 3 ‘“. a P 0 '"'™ °f N
vhich
be accomplished in the simplest manner, ; Senators will examine the
by recurring to the state of the debate j tinned by the Senator from South Car
on the Oregon bill at the moment when! olina, (Mr. Butler,) they will see that
the Select Committee was raised, and this dfficulty is altogether imaginary,
the motives then openly avowed as in- • In that case the Supreme Court decided
fiuencing the Senate in raising it. j that when in a petition for freedom the
Sir, we had before us a bill provid-j appeal was taken by the petitioner, the
ing for the government of the Territory j requisition as to value did not apply.
ofOrqgi • • • • • ... . . * ' *
the§e c
of the Administration
Mexico to submit to
tnent by the terror of r
would be an acquisition by conquest, j have no right to carry pur slaves
which was alike hateful to us both. Has these Territories without the per mis- j force of a
of Congress, (and that is the posi- . the treaty of peace,! he terms ofthattrea-
n which this argument places us,) i tv settle the condition of the inhabitants.
Now, that New Mexico and California
I Jane, relict of Jared Stiles, bein; _
!of sound mind and body,—know all
; men, that whereas, said attorney, to wit,
[videlicet; James Sawyer, of this sai4
! town that I’m of,
I Jackson, whereas
the folly of giving my old age to the j truth of this assertion. The Territorial
the subject of slavery, and to inhibit i but where the defendant was the np-
ils existence in a Territory. I advert! pellant, as his righ o/\ property was the
to this fact as well for the purpose of! matter in controversy^ it must he of the
recalling it to the recollection of the Sen-j money value tequired by the act; hut
ate, as to repel an assertion which has! sir, having acquiesced in this bill, I de-
becn reiterated in the course of thisdis- j sire to see its provisions fairly carried
mission, that it has been provoked by j out, and will therefore readily assent to
the South ; and I avail myself of the the amendment suggested by the Sena-
y that such an imputation ! tor from Maryland, (Mr. Johnson,) or
ssar y lo
ly. the town ofj is entirely inconsistent with the fact.— any other which may be
i*, first led me 10 ‘ A brief reminiscence will prove the 1 accomplish the object.
— But, again, it is objected
L this is
with his head under his left arm close
to bis heart, this honest lawyer, in the
broadest, highest sense of the term.—
He was a man of thirty-five, he had stu-
and began the practice because lie had j - .
to get a living; and now he continued | “ res . 3 l ind J ewe . ,s * ior , h,s and . h,s hc,rs
in the profession in spite of bad oppo- j ?“” d ’! l , . < ?j!! m __! > V..?lT 6 A”
nents, and bad courts, hccausi
he changed this opinion 1 Does he he- s
lieve now that these territories have'tii
been fairly acquired by purchase ? that I we may abandon at once the idea of
they have been freely yielded by Mexi- j having any share in them, for the Mis-
co* that they have not been extorted souri Compromise was Rejected by the
by the terror of our arms ?' Or does he select committee, and will be by the
still believe, as he was wont to do, that ; House whenever it is offered.
. ,.. they have been wrested by force of ( But let us examine the argument
hiclt there was contained | because there the question of freulom ! arms from a feeble republic—that it is | which denies this, right. It runs thus,
which asserted indirectly j was the ground of the appeal, and that an acquisition by conquest ? li‘ so, the j Slavery exists only by force of local
to legislate on ! could not be appreciated hv money ; admission of the Senator destroys the! statutes, and is not ’protected beyond
argument, and renders quite harmless j the limits within which they .operate,
the sentimental and vituperative rhetoric The laws of a conquered country con-
with which he has assailed the rights of; tinue in force uutil they are repealed by
the South. | the conqueror. ■ Slavery has been abol-
I have been gratified bv the reply! ished in New Mexico and California,
which the Senator frojii Ohio has been , and cannot be re-established there with-
enabled to give to tin* inquiry address- out the sanction of Congress—by the
ed to him by the Senator-front‘Maryland, repeal of the existing law, and the en-
(Mr. Johnson,) that lie is unconscious of j actment ot a law of slavery,
having used the language attributed to i Now, sir, it is not true in the point of
him by that Senator, and that if used,; fact that slavery exists or has existed
(as it certainly was,) he now disclaims , only by force of local statute. The fact
it. Having entertained sentiments of has been assumed in certain judicial
respect anil good will for the Senator j decisions, and has been reiterated here,
trom Ohio, he will add to mv gralifiea- j but it is contradicted in others, and is
tion it he is enabled also to disclaim, or: utterly at variance with the historic re-
willing to recall, snothcr portion of his ; cord of the original Slates. Whoever
remarks. , In speaking of slavery as it j will consult this, will find that slavery
existed in the Southern States, I ad- j existed in all the colonies before an}'
verted to the affection which subsisted j law was passed to authorize it. It was
between the colored nurse and the child j introduced into them by the cupidity
committed to her care. The Senator j of the mother country, (seeking to avail
was pleased to speak of that portion of herself of the profits of the African
my remarks in terms of eulogy, and as j slave trade and of the market which the
having for a moment beguiled his judg- J colouiesaffhrdedforihesuleofslaves)
ment and led him to believe that this! only without any local law to authorize
was indeed the patriarchical institution j it, but in the face of the remonstances
which it was represented to he. He j of the colonists, and acts passed by local
proceeded to say that lie was awakened [ Legislatures, which vPere negatived by
from his delusion by the inquiry of the! the royal Governors. When,in process
— j,— -— Senator from Florida, (Mr. Western t,): of time, it became necessary to regu-
1S3G. Jane bTiL.ES.” this provision, which is admitted to be j taught us, in the course"of this protract- in relation to the" power of the territorial i late this peculiar class of people, and
Knowing, as I did, Mr. Sawyer’s useless so far as the people of Oregon j ed discussion, that we cannot come to : legislatures, tinder the provisions of this j to distinguish between those who were
bles in these hard times, 1 shook are concerned, and you may pass the j any satisfactory result by legislating on | bill, to establish patrol laws, which he I free and those who were slaves such
st joyfully. ^ j bill with whatever speed you choose to the subject of slavery ia these Terrilo- said were enacted in the South “ to pre- j laws were passed, but slavery existed
a tee iny friend, said he, 4 that ■ give it. Your refusal imposed on usjries. ! vent these affectionate nurses trom throt-j long anterior to their enactment,
thank you for. __ j the necessity of moving to strike out the j And now, having stated, nnd I hope i lbn " young masters.” ; The case of Georgia is striking in this
nd thus this | satifactorily aswered, the minor ohjec-j ^ Mr. Corwiiu I did not suppose the | particular. The colony was settled
! linns to this bill, I proceed to present j Senator from Georgia could have so mis- ; 1732 under the government of trustees,
own. It is by no means acceptable I understood mv meaning in the manner j which continued for about twenty
Ellen used them; at length I found bea P* n ? M P.°f Hlthy lucre, nnd me to j Committee presented to us a bill for the j an evasion of our duty; a transfer to tfi
him, and taking my hat, walked with : ! urn as,dc lro,n a course that was, as I establishment of a government in Ore-; Supreme Court of a responsibility
the widow to his office. j have since seen, wholly wrong, for gon, and Senators pressed upon us the; which we ought ourselves to assume.
We found Mr. Sawyer at his desk ;! w ^' cb ma y be blessed in this life I consideration that the condition of that j Mr. President, this is amisapprehension.
he rose and gave us chairs and waited ; and ,orever * Therefore, know ye, that j people imperatively demanded the pro-; Congress forbears to exercise a doubt-
Mrs. Stiles statement But before I as a smad ‘ wbeu ol respect and love, lecling arm of this Government. We ; ful power by legislating on this subject,
go on in this point? let' me laya tew i & ra ” d "I'?™?* 10 » ! V n ? mel - V ’ J , ame3 ! of «'» *•«!■ replied to you, Give to Or-1 It leaves the conflicting claims which
words of this phenomenon ; this
Sawyer, who has of la
uatc, and much disi
matters, I do hereby by these presents, j usele;
give, bequeath, will, leave, transfer, i hav<
', and pass unto the aforesaid ; provf
very cent I’ve got in the world;
chatties, lands, money, hooks.
, been unfortu-j egon such government as her necessi-[ have given r
worldly | lies require, but do not taunt us by the in this chamber, <
uds, such articles
itli their names. Wit:
1 seal, November 20th,
power which
practical operation there. The
a in relation to slavery was in
serted in this bill for one of two purpo
ses : It was either a wanton exercise of
power to accomplish no legitimate object,'
or it was introduced to acquire the au
thority of precedent for the exertion of the
same power in relation to N>
d California. We said l
his hand i
‘ She i
thought he had done, and might yet do,
much good by his labors; not alone by-
saving the innocent and needy from the
strong aud cruel, hut prevent ing strife,
patting a slop to knavish practices, and
dissuading men and women from unjust
| suits, and, passion-rousing quarrels.—
i Mr. Sawyer thought it not only proper
for him to refuse acting for those whose
-claims he thought dishonest, hut he coun
ted it also a duly and priviledge, nay,
a more Christian character to strive to
persuade them to forget such claims.—
He sought fame anil extensive practice
as a means whereby to exert a moral in
fluence over the community; he thought
a lawyer hound to serve, not his client > as the straits of Magellan, and
only, out bis God and country, and look-1 Cape Horn, where it abounds, c_ Wm
ed on him, who for gain would prosecute' about the Cape of Good Hope. Its body j ritory. We denied llV
they stand under the constitution and
laws. When a case arises under these,
the Court, in the exercise of its appro
priate jurisdiction, will take cognisance
of it; but this would be equably true
if you were to legislate on the subject.
You will not deprive, that court of juris
diction, or impose i; upon them, by leg-
Mexico I isluting or by refusing to legislate. If
u, omit! we abstain, it is because experience has
$50,000,* I replied, j section relating to slavery
*1 was thinking,* answered ho, ‘ not discussion originated. It is the North
of the money,-but the change of life and then, and not the 6ouih which must he
heart; that is the fee I prize.’—Ex. j responsible lor any consequences which
- j may result from it.
TUo Albatross. j The debate proceeded, and various
The Albatross is an inhabitant of the ; di s ^ or dant propositions were presented
tropical climate, and also beyond, as far ; tu tbc Senate. Northern Senators as-
' ' lo : serted the uncontrolled, unlimited pow-
as*»^ r °f Congress to legislate for the Ter-
sletice of that
•a suit he thought unfair, as a traitor to 1 is larger than that of the swan, and each power in the extent which was claimed
his country and his religion, in act, what- j wing is about five feet in length The f° r They maintained that, even in
ever he might be in intention. In short,' bill, which is six inches long, is yellow ^ ,e absence of legislation by Congress,
as Bill Blount once said, ‘Sawyer was and terminates in a crooked point. The • slavery could exist in Oregon, because
such a hanged fool as to think it an at- j top of the head is of a bright brown, | as contended, it is an institution
loniey’s business to help the parson to but the back is much darker; and under ' contrary to nature, existing only by stat-
tnakc men good Christians.’ ! the belly and wings, it is perfectly while. u,e » an ^ therefore necessarily local.—
And now we shall let Mrs. Stiles state | This bird, which is reckoned the first [ We questioned the correctness of this
herbusincss. It seems that her husband , and the principle of the gull kind, not; p°siii«»n; but we said to our opponents,
had sold and conveyed several lots, j only cals fish, but also devours such j if you have confidence in your opinion
which her father had left iu trust for i small water-fowl as it cau take by sur- i lbal slavery cannot exist where it is not
her, and in such u form that she, men- j prise. Like all of the same kind, it ‘ protected by positive statute, act upon
ning to release her fee in the lots, had,! preys on the wing, and frequently pur-1 >' our conviction; forbear to legislate;
in term, merely released the right of i sues the flying fish which has been fore- I strike thi$ provision from the hill, and
(lower—these lots she understood she j ed out of the sea by the dolphin. If we • it will puss without opposition from the
could get back. I except the frigate pelican, there is per-' South. Gentlemen were unwilling to
‘Diu you ever receive the money for, haps no other bird that is capable of j rely upon their own repeatedly avowed
them ?* said Mr. Sawyer. i supporting itself for such a lengili of time i convictions. They insisted upon leg-
“ Certainly, sir.* on the wing, as the albatross. Except islating’where they asserted that legisla-
« Was it a fair, full price lor the land?’ j during the season of incubation, it sel-| tion was unnecessary, and, as a couse-
‘It.was all wo asked, sir.’ j dmn approaches the land, but continues quence, therefore admitted that it was
‘Did you sign the deed willingly ?* i night and day hovering in the air in useless.
‘Of course; do you think Jared would j search of its prey, stimulated by hunger, j In the midtsof this protracted dis
have driven mo to doit r and apparently insensible of fatigue. | cession, the Senator from Delaware
. ‘ D**! you mean to convey a foil title j This feathered tyrantofthe deep, which : Mr. (Clayton.) actuated bj’ motives
in fee, Mrs. Stiles V . j is not only one of the largest ot the Af- 1 which found a cordial response from r
‘ Beyond doubt: but as we didn’t, rican aud American birds, but also one majority of the Senate, proposed to
they tell me the land never passed.’ [ of the most formidable of all those that raise the select committee, the result of
‘Suppose, Mrs. Stiles,the money had j prey upon the waters, seems to have a whose labors is before you. And now,
been paid before you hail drawn the; peculiar affection for the penguin, and sir, I inquire for what purpose was that
i. Pleas urein its society. They always committee raised, if it was not with the
the fruits of conquest—that Mexico
has been compelled to yield_ them by
the terror ofour arms, and, the preser
vation of her nationality—is a proposi
tion which I do not doubt. But she
has yielded them, and a definite treaty of
peace has settled the condition of their in
habitants. They no longer stand upon
the footing of a conquered people.—
They were left by the terms of that
treaty’tree to choose, between Mexico
and the United 'States. If they had ad
hered to the former, they would have ;
continued to enjoy the benefit of Mexj-
caii laws by a removal to some other
part of Mexico. If they choose the lat
ter, they became at once entitled to the
privileges of citizens of the. United States,
and in due time lo bo admitted as mem
bers of the Union.
Can those privileges he enjoyed in
subservience to Mexican daws 1 A cit
izen of the United States bus the privi
lege of worshipping God according to
the dictates of his own conscience.—
The laws of Mexico prescribed the on
ly form in which that worship is allow
ed. A citizen of the United States is
entitled to his personal liberty; his
lands and tenements,goods and chatties
arc liable for the payment of his debts,
but his person is exempt. For non-pay
ment of a debt the laws of Mexico sub
ject him to slavery, which cau only be
terminated by the certificate of the cred
itor that the debt, has been discharged.
Are Mexicans who have elected to be
come citizens of the United Slates still
subject to these laws? Are citizens oY
the United •Suites 1 who have.emigrated,
or may emigrate to these ^erriiories to
be subjected to them ? Who will af
firm this? Let it be remembered that,
in no one ol the cases* which have been
referred to by Senators was the ques
tion we are considering distinctly in is-
i which thev relv ore
Mr. Cor
j Senator fin
ptable understood my meaning in the manner j which continued for about twenty j The opinir
... If I had been free lo choose,! * n which I presented the contrast refer- j years,when they surrendered theirchar- j j}, e obiter dicta of the learned judges >vbo
the rights of my constituents should ret * *°* All that I said on this subject I ter, and it became a royal province. In j uttered iliein. In the case decided by
have been placed on a’ very different was lo ! ,resent l,1 . e necessity of watch-11735 the trustees passed an act prohib- I Lord Mansfield, the question was.
footing.The fact that a Southern planter j '?S these slaves, in the form of illustra- j it ing the use and importation of-negroes I whether the King, by: virtue ol his rovul
rating to one of tlwse Territories, tuin, in a playful wav. J into the colony, yet in despite of this,. prerogative—that is, independent of
Mr. Burr ion. Mr. President, I leave \ they were introduced from South Caro- Parliament—could impose the duty or
this part of the subject with a single re-j Una, so that, when the government of j lax which was the subject of controver-
mark : that such levity was, in my j the trustees ceased, it was deemed ad- j S y. It was u question of British con-
judgment,unstated to the occasion ; that | visable to repeal the prohibitory act.— | stitutional law and was the only
it which sparkles, is that which But the fir:
deed, should you have thought ithon- i
and carrying with him his slave proper
ly, is liable to be harrassed by vexa
tious litigation, constitutes a serious ob
jection. The disposition to acquiesce
in a bill containing such a provision, is
an evidence of the strength as well as
the sincerity ofour desire to adjust this
unhappy controversy. I have yielded
my assent to it, from the consideration
that a decision in a single case would
settle finally the principles applicable to
all; and that that decision may be
promptly had. Questioning, as I do,
the power of Congress to legislate on
the subject of slavery, the provisions in
this bill in relation . to the Territory of
Oregon are by no means acceptable to
me, and, standing alone, would not
have received my vote. As part of a
measure of peace and conciliation, they
are presented to me in a different aspect.
I know the deep interest which is felt
on this subject—how much it concerns
us all that it should be amicably adjust
ed. In the history of all Governments
cases haveoccured which were not con
templated, and were therefore not pro
vided for by the. organic law. This, I
think, is such a case, and feeling- that
the safety- ofthe"people is (he supreme
law, that the continued agitation of this
question may endanger the peace and
harmony of the Union. I yield my con
stitutional scruples to the ardent desi
inflicts no wound, and that calu
not divested of its odious character be
cause it is uttered in the form of sar-
Let us pass to the consideration of
the more important grounds of opposi
tion to this bill. The interests which it
involves are sectional, and the d
law recognising the exis- j decided in the case. In the
fence of slavery In that colony was pass-j Canter, the inquiry related to the valid-
cd in 1770, some twenty years after, j j lv „f u decree in a court of admiralty
Such, on examination, will be found to pn Florida, established by the Terriio-
have been the fact, I doubtnot.inall the i r j a [ Legislature, under the authority of
express recogni- j Congress; and the questions which it
Louisiana, j was necessary to decide were the right
an admit- j of this Government to acquire Territory,
permit-1 and the consequent power to govern it.
:ided i
colonies. There
tion of it
in which the court say : It is
ted fact that slavery has he
of it has unhappily become so.— * lefl and tolerated in all the colonies es-j In the case of" Strother and Lucas, the
Northern Senators oppose it, because it! tul>lislied in America by the mother ■ point decided was, that the inhabitants
surrenders what they are pleased to de-j p oualr y* j Aud a^ain^: Slavery existed, j of Louisiana were entitled to the pro-
1 1 • ~ , ' r ' 1 *“ 1 ’ of their property, as well under
est, after gelling the money, u» refuse lo .choose liie same situation for their nest's, hope of avoiding this exciting discussion | which I feel to test the efficacy ol this , decided by the*' people ofthe ?<
; : j: . .... .t. t -_i « xr u i „r and concilia- I • • • r • — •
5 foryo
give ihe deed*? j which is iu some distant and uninbabil- on* the subject of slavery? If we could | measure
^ Why, lawyer, that would have been ’ ed island. In.those places their nests have anticipated the rhetorical displays, lion,
thieving, right down.* j are built in close vicinity, as it were lor. alike violative of truth and decorum,
Well, Mrs..Stiles, you have not ye: mutual assistance aud protection; and which have been exhibited inthisdiscus-
tficir friendship does not appear to be sion ; if we could have foreseen that the
ever interrupted. The albatross admits occasion would have been sieze-i upon to
of several varieties, all of them of a less, utter denunciations against this iustitu-
size than the species here described, but t>«n, which, if true, would put every man
they have in general the same propen- connected with it beyond the pale of
silies, and inhabit the same climates. humanity, what motive could we have
iseming to raise this commit- j b ut
of peace
j j
minate the rights of the non-slave- i in lhe colonies Mug before atiy legisla-
holding States, while those Southern ! Uve acl . °| ,he mother country authoriz-
Senators to whom it ^unacceptable rest: * n £ tlit'ir introduction, except the char-
their opposition on the ground that it j lerot ‘ lhe African company, and before
surrenders the rights ofthe South.—! an y colonial act had passed declaring its
Surely, sir, this must be a hill of very ! existence.
singular properties, to be open to such! a case ^decided in Virginia, the
directly opposite objections. The claims ( cou rt say : *1 he slavery of the African
of the North and South are exactly op-1 ^ as existed horn the time ol bringing
posed, and yet it is said to surrender llietn i,,, ° lhe colony—in many States
both. Now'sir, this cannot be. One ; b y express enactments declaring .them
class of disputants or the other must be slaves, in others by custom,
in error. In my judgment they are both ! In Virginia it is certain that slavery j Government has been established by
so. ! existed loiig before any local laws were j Congress—the question whether those
To my Southern friends J desire to passed to authorize it—nay, notwitb- laws continue to exist and to operate
submit this simple suggestion. The bill i slanding the Provincial Legislature at-! pmspectively, has not, I think, been de-
abstains from legislatin'* on the vexed tempted to impose a tax which wpuld j cided. In relation wx the past, they
question of slavery. It° leaves that to : amount to a prohibition of their.impor- are certainly effective lo protect rightr
* - • — Station; aud so little foundation is there
the treaty as by the law of nations,and,in
determining the question of title, to have
the benefit of those laws under which it
The distinct question whether the
laws of a country which is acquired by
treaty, -incorporated into the United
States as an integral portion ofit, whose
inhabitants are declared to be entitled
to the privileges of citizens of the Uni-
1 States, and for which a Territoral
given the deed, shall l draw
lo sign V
* Why, bless you soul. Sawyer, that
is the deed you have got in your band.’
Mrs. Stiles, if you had giveu the roan
when he paid you the mour3* for the
i lots, a sheet of blank paper, and he had
/ ool looked at it, would that have been
1 a deed V ,
* Of course not.*
• ** But you meant to give a full title
in fee ?*
•Yes.*
* Well, this is not such a title any
continued warfare, among birds and that the attention of the Senate will he I or purchase, the blood and
tories, when they are in sufficient num- f° r the assertion that slavery exists only
! bers to be admitted as Slates, and are by force ol local statues, which has. so
Even this poor boon we are not per- ! engaged in forming their State Consti- j °ficn been made on this floor, that in
milted to accept. The Senator from ! tutious. Irt the mean time, if any ques-,case from Louisiana,to which I have
Ohio (Mr. Corwin) declares that, with j tion of freedom or slavery should arise, i brsl referred, the court s:iy: It may be
his consent, no Southern man shall be : the judiciaty will take cognisance ofit,; biid do.wn as a legal axiom, that in all
allowed to emigrate to any one of the i not by virtue-, of any provision in this Governments, in which the municipal
Territories ofthe United States, taking . bill, but in the exercise of their pre-ex- regulations are not absolutely opposed
with birn his slave property. The in-j isting jurisdiction. All that it does in slavery, persons reduced to that state
hihition applies not only to the present, j this regard is to speed the decision ol may be held in it.,
* “ * * - by the appellate tribunal. In! The foundation of the first propqst-
" ‘' * id to he a sur- | lion, the assumed fact on which it rests,
ken from it. ■ It is not
conquest j at a loss 10 understand. In a liovern- 1 1 rue, as we have seen, that slavery
In reading the relations of voyagers, had for consenting to raise this commit-j but to all future time;, not merely
who have visited the tropical seas, and tee ? Sir, 1 hoped, I continue to hope, j territory alreaJy acquired, hut to what- [what
those which extend to still more south- notwithstanding the opposite feeling j ever ma y b e acquired hereafter. Wheth- j render of Southern rights, I am totaljy ! is therefore take
ern latitudes, we observe that a scene ol heretofore manifested in this debate,: er t b e acquisition be made hv conquest j at a loss to understand. In a Govern- 1 1 rue, hs we hav<
acquired under them ; hut in relation
to the future, the laws of the United
States.an/i those made by the Territo
rial Legislature, under the authority
delegated to them, are the only recog
nized laws ofthe Territory, unless Con
gress shall otherwise provide. Accor-
dingly, in the act establishing Territoral
! ment like c
Governments iu Louisiana and Florida,,
there is in each case an express provi
sion continuing the pre-existing laws,
under certain restrictions. Jf without
tins provision the},' would have been in
force, why was it made?
But, Mr^President, is it quite certain
that which is properly ists only by force of local statutes. It that'slnveryishboHshed inNewMexi-
fishes, alternately put suingand pursued, directed, not to extravagant, distorted, 1lofthe'South must be contributed in their! called a right is something substantial— existed in these colonies long anterior cof I do not speak now of peonage,
which, as well as among animals on unfounded calumnies in relation to slave- j f u ll proportion, but all right of partici-|capahle6f®rfngmaintainedinjud‘.catare ; to any local statute ia relation to it.-— orwhiieslavery.butofthatofibeAf-
^ the laud, every where present itself, and rv, but to the questions presented by this! |, al i r ,g is to be denied, to fliem. The and thereout—something which a court j Those statutes recognised and regu- rican race? The Senator from Rhode
more than a sheet of blank paper ; you'appears to agiuUe, and at the same time bill—the mode of conciliation which it j Senator does indeed admit thai.;wbst isjofjustice would be bound to recognise.; lated, but did not establish it. The Island (MrJ Olarke) has exhibited tbe
have not yet given the deed. Shall I j to animate, the world of life. When proposes. ' acquired by rapacity and military vio-, To say that we have no right which the , principle stated by court in Xouisi- decrees of the Mexican President and
draw a quit-claim deed for you to sign?’; the circumstances are fully investigated, Mr. President, there are some minor! If nee, may be subject to distribution, on i highest judicial tribunal would recognise, .una, to which I have referred, was that Congress o: the 15th September; 1829,
Mrs. Stiles looked at me, and looked i we are persuaded that the whole ,sjs- objections to this bill, to which 1 will! the principle of “ honor among thieves” j is to admit that we have no right at all, ou which it rested. The persons brought add 1837. Now, it is very clear that
at the window, looked very much pua-: tem of animal warfare, and their con- first, very briefly, advert. It is said I —rather, it would seem, for the purpose \ but such as Congress may be pleased'to the colonies by the Afritan company ,slaveiy ; bad not,been abolished by the
zled, and some-what abashed. At last; tribution to each other’s support, will be that the boundaries of New Mexico have I of giving scope to his anathema against to confer upon us—is to concede in its [had been reduced to slavery, according first act, qr^tbero would have remained
she said, ‘But don’t the law say the land j found to be perfectly consistent -with not yet been definitely jsettled, and that [the mode of acquisition* than from any j whole extent *he argument which is urg-.f to the laws- and customs of their!
is thine, Squire ?’- •> '- jthe wisdom aud gootluess of the .Author —- u: ~ -—■——•> : .1 j-f- '— o—vk.«,.L.t ; n eunnnrt nf th« riol«t nf tlin Nrttth- rnnnm-; a*iiWr «ti
‘‘We can’t tell that,* said Mr, Saw-! of Nature, whose counsels are far
yer; • till'the cause ii tried: First, let ^yond the reach of superficial inquiry.
U» get things straight, and have the bar- 1 Bigland's Natural History.
no iluxes to be manumitted by the second.
And yer it provides that ’“the owners*
e*l