.as 
 
HOLLINGER 
 pH8.5 
 
 MILL RUN F3-1543 
 
E 416 
 
 C93 SPEECH 
 
 Copy 1 
 
 u 
 
 MR. J. ¥. CMSFIELD, OF MARYLAND, 
 
 oy 
 
 THE POWER OF CONGRESS TO PASS LAWS EXCLUDLNG 
 
 SLAVERY FROM TlIF Tl^RRITORlES OF 
 
 THE U.MTED STATES. 
 
 
 Delivered in the House of Reprkskntatives, June 22, 1848. 
 
 WASHINGTON: 
 
 PRINTED XJV JOHN T. TOWEKS. 
 
 Ib48. 
 

SPEECH 
 
 MR. JOHN W. CRISFIELD, OF MARYLAND. 
 
 ox TIIK 
 
 GOVERNMENT OF THE TERRITORIES, <fcc. 
 
 TIie II )U3e ])ein^ in Coai'nitlee of (he Whole on the state of the Union, 
 an ' having nnder consideraiion the Civil and Diplomatic bill, Mr. CRIS. 
 FIELD acklre?sed the comniiitee as follows : 
 
 Mi{. Chairman: I do not propose to consider the topics which have 
 engiifjed ihe .iiieniion of the genilenien from Ohio (Mr. Sawvkr) and 
 New Yoik, (Mr. DuEit.) My ohject is to consider ilie po^vers of this Gj- 
 veriiMient, uiiiler ilie C')MSiiiniion, over the people of llie Territories of the 
 United Siaies. Consciemiously believing thai Congress has no power to 
 deiermine ilie relation wliich each member of socieiy shall bear to die 
 other members, which includes the right to establish and abolish slavery 
 wiihin the Territories, and, relying on ihe fcrce of ihe argument I may be 
 able 10 adduce, I shall consider tbe snbject as a purely legal question and 
 caiitionsly avoid all irritating remaiks. 
 
 Mr (;riairinan, I invoke the attention of the committee to the following 
 pi0|)0-itinn-', which I shall endeavor lo maintain, viz: 
 
 1. That this Gi)vernment, under the Coosiimtion, has no power over 
 slavery or the social condition of the inhabitants in the Slates that were 
 parties to its f)imaiion. 
 
 2. That new Stutes when admitted into the Union succeed to all the 
 dtities and disabilities, and all the powers and privileges of tbe old .Sidies, 
 
 3. That all Territories, however acquired by the United Siales, are, un- 
 der our system, designed to be erected into S:ates of this Union, with all 
 the powers and privileges of the existing States ; and, as a corollary iroin 
 these propositions — • 
 
 4. Thit while ihey remain in the territorial condition (his Government 
 is not. possessed of absoliiie authority over them, and can rightly impose no 
 condition on them which would limit (heir powers when they become 
 States, or infringe the rights of ihe States, and of the citizens thereof, wiili 
 their property, m reside upon and enjoy them as the common property 
 of the United States. 
 
 Previous to tbe forrnafion of the Union, the States (hen existing were 
 eniiiely independent. They were under uo obligaiions lo each other, ex- 
 
eept as inembers of the great family of nnfions, and subject only to (hose 
 jiiles of public hiw, which have been esuihiidied by ihe conimoii cotiseut 
 of m;.nkiiiti to u.aihiaiu the peace of the vvoild. Each, wbliui its hmits, 
 (Bxeicised all the powers of soveieiguly according to lis discielion, and was 
 capable of legulaiing all iis domesiic concerns. But their proximity lo 
 €iu}i other, a common inierest, a common origin, and a muiual wciikness, 
 induced an alliance, which in ihe progr«ss of lime ripened into the Consii- 
 nuion nndei which we sit. T\.e gieai objecis to be obtained by iheforma- 
 iiou of that in^trument ate indicated by the wants of the Siate.=. They 
 Were the pieseivaiion of tranquility among the State?, and the rpgulaiion of 
 their inteicourse with each other a"nd with" foreign nations; piotection from 
 common enemies; and the esiablishnient and sufterintendcuce of measuies 
 of general interest and importance to all the States, but not within the 
 loower of individual States. These objects aie veiy clearly stated in the 
 preamble, which I will here quote: 
 
 « We, the People of the United States, in order to form a more perfect union, establish justice, 
 ensure domestic tranquility, provide for the cotiniion defence, promote the fieneral welfare, and 
 secure the blessings of liberty to ourselves and our posterity, ordain and establish this Constitu- 
 tion for the United States of America." 
 
 And the powers which were granted to the new Government were adapt- 
 ed to these ol)jecis. It was auihoiized "lo lay and collect taxes, duties, 
 Smposis, and excises, lo pay the debts and piovide for the common defence 
 and general welfare of the United States; to boriow money ; to regulate 
 eommeice with foreign nations and among the States, and with the Indian 
 Siibes; to establish an uniroim rule of namralizaiion ; lo coin money and 
 Kgulaie the value ihcteof. and fix the standard of weights and measuns; 
 to^establish post offices and post toads; to define and pimish piracies and 
 felonies on the high seas, and oflences ag.dnst the laws of nations; to de- 
 clare war; to raise and support artnies; to piovide and maintain a navy; 
 lo make rules for organizitig, aruiing, and disciplining the militia, and for 
 --roverning such part of them as maybe employed in the service of the 
 United Stales; and exercise exclusive legislation over such district as may 
 |>Y cession and acceptance become the seat of the Government of the 
 tjniied States." 
 
 These, which comprehend all the powers of the new Government which 
 meed be leferred to for the object I have in view, relate chiefly to the com- 
 mon defence, foreign intercourse, and iniercoutse arnong the States. It 
 seems to have been the object of (hose who framed (he Constitution (o in- 
 fringe as little as possible upon Stale pride and power, and hence they 
 charged tlie system thus established with as few of the details of Govern- 
 SDeni as possible, and cautiously avoided allowing it any power to pariici- 
 pixie in the regulation of the internal affairs of the States. No power was 
 . granted to interfere with the social and political rights of individtials. That 
 ^as left untouched to (he States. So strongly do they seem to have been 
 snauenced by this reluctance (o curtail the privileges of the States, that 
 Sftey did not claim for and secure to the new Government the powers need- 
 fnl to insure its continuance, much less its independence, M'hey gave it 
 BO power to determine the qualifications of electors of its own officers ; nor 
 any mode of conducting or securing their election. This was all left (o 
 the Stales. By the' second section of (he first article of the Constitution it 
 
is pinvidod llmt "iho TTnii'^o of Kcpifi-cr't.iiivoR plitiH ho mmpocfd nf niptr 
 bois till si'ii evt'ry second year l»v ilu- pt'()[)l«: of ilic, SfV«M;d JS.ins, fuid ilic 
 elect()i8 ill (Mcli Siae sludl I'.iVi; llic (jii.dilicnliniis ircpiisiie for ele( tnrs of 
 the iiiosi lUiim-iiMis hniiicli of llit; Siine I .fyi-liiMire." Hrre is iin rxprf^s'S 
 rt-coguiiion of power in ilic Slii't-s m den'iir.-iiie who iirnoiinr ii'' ritizens sh.iH 
 enjoy tlie elective fi.nicliise. which is iIih lii.^hcsi .iiirilmie of SMvereiynty ; 
 and if iliat riiilit is ex|)ro->ly n-scived to tlioni, does it noi cover the whole 
 ground now conicnded for? It llie Stales iu«! alone nnlhor^zcd lo presciihc 
 (he riass of socieiy w lio may vole, nipy ihey no! aUo deierniine what s'lall 
 be ll^e relaive posilion of every nieoiher of sorieiy wi hin tln-ir respective 
 limits wiih respect lo ;ill ihe oilier nieinhers? IJndoiiliti'dly she in.ty. 
 Kveiy other depiiitmeni of this G iveillmeiii is alikt; di-pendiini on State 
 nction for it:; cnntiiinance. 'I'lic Senate is choj-en hy the Suite Le;;;i.-la- 
 ttiiPs; and the President is selected hy elertois appointed in each .State, in 
 such manner as the Le<:islatnre then of may direct. 'IMms we see ihaL 
 under the Consiimlion. all the primaiy arts of sovereiLnily, ads on w liioK 
 depenU onr whole system, are to he exeicised hy the States alone. Tins 
 G.iVerninrnt has no power over ihein. It has n > power of determining 
 the pohiical or social condition of individuals, not ev.n for the f.nrpose of 
 preserviiici iis own existence. 'IMiat was a power which the Slates were 
 entire ly capable of ex«Mcisin<i ; it was not anionic: the j^rievances which led 
 to the formation of the Constiintion ; is not to be found amone 'he pow- 
 ers granted to the General Govertnnenl; and it was one which so neatly 
 concerned the independence, and even ihe existence of the State Govera- 
 nienis, thai the States would never have consented lo surrender it. 
 
 In ibe [)ower to adjust and ileteroiine the social condition of the differ- 
 eni members of society is to be found the right lo establish slavery. It ex- 
 ists because ihat the majority wills that it shall exist. And lieie I mtist 
 remark, somewhat, aside fiom the general a.gnment, that the riijht of tlic 
 ma'oriiy is not a natural right, bift exists from necessity. In a suite of na- 
 ture one man has no riiihi to control aiioihei, or one set of men to coinrrj 
 another set of nien. All are eqnal and are entitled lo equal rights; and 
 Ibis is the sense in which ihe D-cbuation of Independence speaks of equal- 
 ity. But, from their weakness or their wants, men are driven into society^ 
 fiiid, fmm iiie inrqualiiv of physical power and the danger of the weak be- 
 in"- overrun hy ihe siiono. irovernmeiits are necessaiy. Now. government, 
 to1)e founded in absiracriiiibt, must have the consent of every member of 
 socieiy ; but to obtain the consent of all is nearly impossible, for the diver- 
 5ily of sentiment and opinion which exists in various minds, and the con- 
 flict of inieresi, render perfect unanimilv rare, if not alioueiher nnat- 
 tainable But the safety of the whole must not be comprommed hy 
 the olUinacy of one, and that one, perhaps liie most dangerous mem- 
 ber of society. L-^ss than the whole may, iheref..re, from necessity, 
 assume the poweis of government. And, if less than the whole, how 
 many less^? If < nc maynot defeat the general wish, can any nnmbershmt 
 of a'minority defeat it?' Certainly not. Hence ihe right of the majority 
 to act for all the members. It is The fmii of necessity, and its voice, in the 
 absence of all law, or, if there be, when expressed accordiii-j to exislmg 
 l;uv— and noi otherwise— is omnipotent. It is the only auihonzed a^eiic 
 to speak the will of society ; il is the only judge of its inieresis, and frotw, 
 
6 
 
 its decisions, when properly expressed, iliere is no appeal. It assigns to 
 every niemlier of sucieiy his position, niid determines Ins rehiticns to the 
 other members, li deiermines iliai one chissof tnen shall he invested with 
 the powersof frovermnent,and ih.tt anoiher shall he slaves. And whotfhall 
 criticise iisacis? To say iis acis aie wiong is to linni iis audioMiy ; and, 
 to limit its power, is lo sap the fotmdaiinns of onr isysleni of government. 
 Slavery exists, therefoie, not from namral right ; not hecanse, as has heen 
 leniaiked on tliis fl.tor, ihe hhuk man was cieated for ihe service of die 
 ■white, but becanse society, through its majority, wills it. The right (o. will 
 it is just as sound and no more tyrannical than every other act willed by 
 the n)ajoritv. It is dependant on ilie same principle, and that is the decree 
 of the majmiiy that the inieiest of society rfqnires ii. All government and 
 all onr righisof property rest on the same fomida:i( n. And let ii noi be 
 said thai this is inconsistent with fne goveinment. Free govern meni ; 
 ■what is it? Al).siractly speaking tliere is no snch thing, it is a coniiadic- 
 tion of terms — free governmeni is no goxernmeni at all. If men aie g(»v- 
 erned they are not free. A free government, in die only intelligible sense 
 of the term, is a government based on the will of society, expressed throngli 
 a majority of its members. And widi that sort of govermnent slavery is 
 not inconsistent, because it and it only has the right to establish and the 
 power to abolish. 
 
 But, sir, returning to ilie direct line of argument, I will remark that i( is a 
 mailer of historical truth that slavery existed in the Suiies previous to and 
 sit the time of the adoption of the Consiitntion. It existed in the coloniis 
 before their separation from the mother couniry, suivived ihe revishitionary 
 struofgle, and, when the .-tales came to from ih-^iir Constituiion, it was 
 adopted by most of them. The Consiiiuiion of the United States reci>guis- 
 ed its existence, admitted ihe right of propeity in slave?, and was adjusted 
 io its continuance. It provided that in the appointment of represeniaiives 
 and taxes slaves should beeninneraied ; '?nrjdf prorisinn far the recfipturenf 
 Jii^i/ive slaves ; anil was foibidden lo piohil)it thesla\e trade befoie die year 
 IbOS. No provision was made empowering the new Governmeni, to abol- 
 jsli itin the States; and, by the lentli article of the Constitutii n, we (ind 
 that the " powers not delegated to the United Stales by the Cou.<iitnrion, 
 nor prohibited by it to the States, are reserved lo die S ales respeciively or 
 to the people." Hence it follows that this Government has no power to 
 jrestrict, abolish, or otherwise inteifere with slavery in the States which 
 'd'ere parties to the fornifation of the Constitution. It is solely within iheir 
 power, and they alone, each for itself, ran pieseive or modily, or abolifch it, 
 and this Governmeni has no power to prevent it. 
 
 1 am well aware, Mr. Chauinan, that at ibis time it is very generally ad- 
 mitted this Government has i>o constimtional power lo disluib slavery iti 
 the States; but 1 have deemed it n.<eful as ilhistiative of what 1 may say 
 upon the Oilier points to which I wish to direct die atteniion of the coin- 
 uiitice, and not inap[)iopriate to the occasion, thus briefly to present this 
 ■^ievv of the snl)ject. 
 
 The second point to which I wish to direct, the attention of the commit- 
 tee is this — that the new States, wlien admitted info the Union, succeed to 
 all the duties and disabilities and to all die rights and privileges of the old 
 3'utes. One of the great objects of the Constitution was to form " a more 
 
perfect Union." In ihe formaiinn of that itiptrnm<'nt snveroiijn powers 
 ^vere (le.ilin>j w i'h racli oilier. To arrive at iliii olijcct ilesiied, ilierc was 
 DO mode, wliicli coinporicd wiili tli. ir interests, dif^uiiy, and piide, Lmi (i> 
 place ilieni on lerms of perfect eqn.diiy ; hence each suirendeicd an ecpial 
 portion of sovereij^nty and each retained an equal [)ortion. In one brnncll 
 of the lipgi^-ilaiure each was lo he represented Ijyan equal nofnbcr of Sena- 
 tors, and in_lhe other hy an equal nnmber of Keprescmaiives, accoidini^ to 
 its population. No dijcriniinaiion was made heiwecti ihein ; they conceiv- 
 ed ihrir safety to consisiin cqualiiy. And in the same insiriifneiii it is 
 provided that " new Stales niay be admiiied by (he Coni^re^rs into this 
 Union." No difT.'rence is authorized, and tlie olivious consiriiciion admit-? 
 of no disoriininaiioii. What is a " Siate" in the consiiiuiional sense? 
 The Consiitiiiion i;>ais of "Stales;" it irrants reriain powers to Congress, 
 anil inhibi's the " Stales" from exercising ceitain other powers ; and ex- 
 pressly re.-erves to the " Siaie^" and the people all other powers. The 
 term is used in a technical and a more resnicied sense than ii has in com- 
 mon parlance. Ii. means a political comnmniiy forminsr a paitof this 
 Union, endowed widi all the ri-^lus and powers of sovereignty not surren- 
 dered to the LJniied S ates by the Constiiniion ; and " new Sitiics" must be 
 now memliers of that Union, like the old in ail respects but age. "^Phe 
 grant to Congress to admit new Suites is definite. If ii were not so, the 
 power of Congress would be uidimiied, and it might admit new States 
 with more or less power, and thus destroy the balance which it was the 
 aim of those who framed the Consiiiution to preserve. 
 
 Can Congress admit a new State with more power ihan ihe old pos- 
 sess? By the tenth section of the first article of the Consiiiuiiou it is pro- 
 vidtd thai — 
 
 " No State shall enter into nny treaty, alliance, or confederation ; grant letters of marqiie and 
 reprisal ; coin money ; emit bills of credit ; make any tliinij but golil and silver coin a tender in 
 payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligaiioa 
 of contracts, or grant any title of nobility. 
 
 " No Stateshall, without the consent of the Conaress, lay any imposts or duties on imports or ex- 
 port?, except what may be absolutely necessary for executing iis inspection laws; and the nett 
 produce of all duties and imposts, laid by any State on imports or export.o, shall be for the use of 
 the Treasury of the United States ; and all such laws shall be subject to the revision and control 
 of the Congress. 
 
 " No S:ate shall, without the consent of Congress, lay any du'y of tonnage, keep troops or 
 ships of war in time of peace, enter into any agreement or compact with another Siate or with 
 a foreign Power, or engiige in war, unless actually invaded, or in such imminent danger as will 
 not admit ot delay." 
 
 Do not these inhibitions apply as well to the new Slates, when they come 
 into the Union, as to the old, who were patties to the compact 7 Can 
 Congress, under the power to admit new Spates, dispense with any one (jf 
 iheni ? Call we say to a new htate, yon shall have ihe priviie^^e of coin- 
 ingf money, making alliances, &■■:.? Certainly noi. The old States never 
 \voiiltl have consented to be ibiis overshadowed ; and it will not, in any 
 quarter, be so insisted. All will admit that (Congress cannot admit a State 
 witii more power than the old posse.ss ; and, if ii cannot endow ihem with 
 greater power, how can it admit them wiih less? Do not the piivileges 
 and powers reserved to the States eimre as well to the benefit of ihe new 
 as of the old Slates ? Can a new Scale be bruuglii into the Uninii with a 
 less represeiitaiiou than aa old one similarly siiualed would be entiileJ to? 
 
8 
 
 i 
 
 Cr.n Consrress admit a Stale and prescribe that she shall have hut one Sen- 
 aior ; oiiilier the. mode Ity which hei Senator shall be; chosen ; or pret^crdje 
 bome new qnahfication for elet lois of nieniliers of iliis House fronj iluit 
 Siaie? If so, all equnliiy anion^ ihe Stales is desiroyed, and the olji'd of 
 the framers of ihe Constitniion defeated. But 1 may he tolil ihat the luie 
 of repu'sencaiion in the two Honses arid the qnalifieaiions of voiers are ex- 
 press grains in favor of the St iies, new as well as old, and ihai the prohi- 
 hilions referred lo are also expressly madi', and, iherefoie, cannot he ex- 
 c-eded by Coiiyi'^ss ; hm that the power 1 am contending for is not. If 
 this lie so, it is (|nite time ilie old S aies nndeisiood it. Are ihe liij^hts of 
 the Stairs not smrendercil to die Un.ted S ates, but itjclndtd in the i^eneral 
 reserviiiion, less sacred and less valuable be«anse diey are not enuiueraied ? 
 li is admitted that every Slate has a rijht, in a leoal and orderly manner, 
 to alter and abolish its Constitniion and set up a new one, and, so it pie- 
 serves ihe republican form, this Govf-rnment has no rijihi to i iterfere ; yet 
 this is one of the non enumerated reservations. So the riyliL lo seitle ihe 
 relation which the different individuals or classes composino- Us sociL'ty 
 shall bear lo each other, is not one of the ennmeraied rfsei vaiions, vei ii is 
 not the less possessed by ihe Slates, and not the less sacied on ilial account. 
 It is the right of the majoiiiy in a Stale to frame it>* organic law accoidiiio- 
 lo its own discretion, and the fiist principle in our American system of gov- 
 ernment ; and will any man contend iliat it does not belong to the Sales, 
 and that this Government lias any right whatever to restrain ii ? Sir, it is 
 quite as clearly and ceriainly seemed to ihem as are those rights which are 
 expressly mentioned in the Consiituiion. 
 
 Mr. Chairman, from what has been advanced, I think T may safely as- 
 sume that new Stales, when admiiied, must come into the Union equal, and 
 only equal, lo the old Stales. The Consiituiion determines ilieir rights, 
 Congiess only admits; and it can neiiher enlarge nor restrict their powers. 
 If it could, om- whole system would soon become deranged, and our Con- 
 stiintion a failure. 
 
 I come now to consider the third proposition slated at the outset of my 
 remarks, which is, ihat all the 'JVrritOiies of the Uniied States, Iiowever ac- 
 quired, are designed to be erecied into Siates of this Union. 
 
 The territorial condiliou is a temporary one ; and, to show that it is so, 
 I need only remind the committee of the uniform action of this Govern- 
 uieni, wiihoui slopping to cfillate other pioofs to sustain the posiiion. All 
 the laws establishing lerriiorial governments, from die celebrated ordinance 
 of 1787, which preceded the Con.-titiiiion, to lite Oiegon bill now pending 
 in this House, expressly show iha'. ihe goveiiiments established, and now- 
 proposed to be esiablished, are temporary, '^('he condition is not designed 
 to be permanent. Then they musi either become States or sink into colo- 
 nies. I'here is no other position for them to occupy ; and the quesiion 
 presents itself, has ihis Government the ronsiituiional power to hold colo- 
 nies? This, as fur as 1 know, is a new quesiion. If it has ever been de- 
 cided by any branch of this Govtnnmeni, or even discussed, I am not in- 
 formed o( it; but, in this day of airgression and acquisition, iis praciical 
 importance cannot well be overestimated; and [)eihaps, at no disiant 
 day, the people of this country will be called to decide it. In approach- 
 ing its cousideraiion I very much distrust my own powers ; but perhaps 
 
I may sny enough to arrest public allcutioii, and put oilier wimh to woik 
 upon ii. 
 
 (yan Congress eslahlsh and niii'itain a [ifrniancMii colunial Rysl«ni ? 
 AVht're is \\\e f)()\Vi^r to be fnuutl ? Tins is a G.ivtinnncni n/ Innin-d |.o\v- 
 ers? ; its aniliori y lies only in i£iant ; ii Inis wt ndirrcni pnwer ; ii nnisi he 
 fuinid on llie fin e of llie iirani or imt at a'l. Tin; powt-r In lioid a Iniito- 
 ry and people ((or leriilory alw.iys! iinplie- piipnl.inon) pi-irnanenily a< a 
 colony, c-onirtillfd hy iln; l-Vcli ral (J ivf-rnnim', i^ teminilv n<<i one of (he 
 ennnitraied pow.rs. 'I'hm, if ii exi^^is at all, il innsi he an implnd pow- 
 er, and he a mean-* npce^sary and ()ro|)tM to ciiiiy inn) exe- ti ion sonit; ex- 
 press power. And which of iht^ rxprct^a powers is it, lliat a coloniid 8\s- 
 tein id a necessary and proper ine;nis lo cany inio exectnion ? l< ii the 
 ■war power, the most expansive, mdnniied, daniriMon-.-^ iind lea.-t jLi^naidetl 
 pijwer nndtr our system? It cannoi he ; for, alihouiih in ilie [jrosrcnuon 
 of a war ii may he necessary to conquer iUid hold a lenilory as a [miper 
 means of rondncting ihe war, yet wlien ihe war ends (he neceSsiiy ends. 
 The holding- a lenitory as a Colony Call never be necessjiry to die prosecu- 
 tion of a War which lias terminated. And, if not incideni lo ihe wur pow- 
 er, to what oilier power does il belong ? 
 
 A£i:ain : a peiinaiietit colonial sysieiri is a violation of our piinciple of gov- 
 ernmeni. Ours is a repn!)lican sysiein, based on the consenl of the gov- 
 erned, accordini{ to I be only inielliirible sense of that term, sustained by 
 i\\u\ ie(lectit)<r the po[Hilar will expiessed ihrongh re[»resentaiive3 accoidincr 
 io (he Consliiniion. Il was the denial of ibis piiiuiple which occasioned 
 the Hevolntion. The Biiiisb Govermneiu as-^nmed the right to gf)Vern the 
 colonies of its own mere motion, ami denied to ibeni any f)arii(;ipalion 
 wbiitever in their own control ; and for this our /aibers rebelled, and 
 foUiJ:bi, si.fFeied, and finally triumphed. And is it possible thai the princi- 
 ple so cherished hy our ances ors, and, to secure which so many sacrifitcs 
 were made, was not embraced in our forms of Government, ;ind does not 
 pervade every part of our system ; and that any, at this day, will hesitate 
 to extend it lo every people living under onr insliintions ? I cannoi per- 
 suade myself that there is; and yet if Congress may tefnse to admit ibe' 
 teiritories of the United Stales to ibe privileges of members of ibis Union, 
 for any lenion, other than those contained in the Constilution, it is a prac- 
 tical denial of li.e gieai irntb lying ai the foundaiii>n of our system, and a 
 reduction of the people of the Territories to a stale of colonial vassalage, 
 in no detfiee more free than were the old States before die Declaration of 
 Independence. We have heaid a iireat deal of e.\lendin<Jr the aiea of free- 
 dom ; hut if the new acquisiiioiis are permanenily to be iieid us colonies, 
 it will only l)e enlaririntr the ciicleof despotism. 
 
 . But, apait from the injnsiice and hald^bip to the colonics, what effect 
 would a colonial establishment have upon liie U'nion and the States com- 
 posing il ? (luis is a beauiiftd and nicely adjiisied system; p«)wer is so 
 wisely disnitjiited that the depositories of il operate to rbeck and restrain 
 each other. On the one band are the Stales endowed «iili all ibe primaiy 
 powers of soveieigniy, and charged with all the dniies of local and «lomes- 
 tic government; on ibe other is the General Govenimerii. clodud wnli 
 power to lestrain dantieroiis rivalry amonof ihe States and ensure traoqu.li- 
 ty, and charged wiih tiie common defence and general wellaie. If a S.uie 
 
10 
 
 overlenp the honndary, there stanrls ihe General Gnvemmpnt to apply the 
 cnireciive, with power to reduce the amlutioiis lo iis pr(i[)er position ; and 
 if ihe General Governmeiii is disposed to assume powers iK.t granted, there 
 are stronu; and powerhd Siaies ready i\nd wiih the nieaiis lo lestrain it. 
 Our saCeiy consists in priservinij the, haiance. Any great acfnninlatiori of 
 power Ml the Iiands ofeitlier would impair aiui iilliniaiely l>e di-:siriiiii\e of 
 the privileges of the other. If colonies can he held at ;ill ihey miisi he hy 
 the General Government ; and who can esiiniaie ihe pow«'r which they 
 wonid impart? Her colonies aie the chief element of British power. 
 1'hey are the lichest jewel in Queen Vicioria's diadem. Tiiey employ her 
 inamifactnrers and artisans, sustain her navy, build and fieinht her ships, 
 ond annually ponr iniot'ie lapof l-ingland tliesnr|)lns weallli of die world. 
 And such woidd he the case wiih us. The energy ami adveninrons spirit 
 «f our |)eople, if we ever nnfoitnnalely adopt a colonial policy, will extend 
 it over the earth. The world wdll be circled with cm- senlements, and the 
 same wonderfid but dangeions iuTease of wealth and power which have 
 naiked the course of ilie Britisli colonial system will be ailained by 'is. 
 Vast empires will own our sway, and become tributary to om- power. And 
 al! this, too, is to be conlmlled by this Government. Sir, is it wise to try 
 the experiment? Your revenues would he immeasurably increased ; your 
 nrrny and navy must be enlarged lo meet the demands of iliis ijigatjiic sys- 
 tem ; and the Executive patronage would be without limit. And, wiih all 
 these mighty elements of power witlnti its possession, tbitdv you that this 
 Governmeni wordd content itself within the limited sphere prescribed I'or 
 it? J\o, sir ; it would overleap nil boutids, and iis disrretion wotdd soon 
 hecome the sole limit of its authority. State privileges would soon be 
 violated and State power become a mockeiy. '^i'he direct tendency of such 
 policy is lo consolidation. And, widi such consequences in view, can it 
 be supposed that it was ever designed that this power to liold colonies should 
 be imparted to this Go\'einment? I think not. 
 
 Such, Mr. Chairman, are the reasons which bring me to the conclusion 
 that this Govermnent has no power to establish aufl to hoUl colonies; ;md, 
 if this be well founded, tlien the only other condition which the Territories 
 of the United Smtes can asstime, is that of States of this Union. And, so 
 fur as the Teiritories now attached to the United States are comerned, we 
 are under the most solemn treaty stipulations ultimately to admit them as 
 Stales of this Union. 
 
 All the Tenitories we now have, we claim under the treaty with France 
 in 1803, commonly called the Louisiana treaty, and the recent treaty widi 
 Mexico. 1 know very well that, in the discussions widi Gieat Britain re- 
 specting the Oregon lerriiory, other additional groimds of tide were urged 
 onourpait; but yet, I tbitik, our must reliable ground of title was that 
 which wag predicated on the treaty with France. Now, what do these 
 treaties requite? The 3d article of the Louisianu treaty is in the following 
 words : 
 
 "Art. .3. The inhabitants of the cedecl territory shall he incmporateil in the Union of the 
 TJniled .Stntes, and admitted as soon as possible, according to ihe principles of the Federal Con- 
 stitution, to the enjoyinent of all the rights, advantages, and iinniuiiilies of c lizens of the United 
 Slates; and, in the mean lime, tht-y shall be maintained and protected, in the free enjoyment ot 
 their liberty, property, and religion which they profess." 
 
11 
 
 And the ninth article of the recent treaty with Mexico is to the same ef- 
 fect, ll is as (ollovvs: 
 
 "The .Mcxicniia who, in tlio ti'rritorira nforrsnid, t<hnll not rriniii tlic clmrncUT nf Mexican 
 citizens confiirninhly to the 8li|)ulnti()ns ol" the pri-ceiliiifj anich-, shiill he ineor|>oriileil into i!ie 
 I'nioii of ilie United States iis soon ii8 niny l»e consiHtetit with the prinriple? of the FedernI Con- 
 etilution, and ndmilled to the enjoyment of uli the priviiei»e8, rigtiis, and JMiiniiniiies of the citi- 
 zens of ilie L'nittd Siiiies ; nnd in the nitnn lime tjicy ahull he maintained and proU.cled in the 
 full enjoynient of their liberty and property." 
 
 "^IMie requirements of these treaties arc iniperaiive. We must admit 
 tliese 'I'erritoiies ns States itito the Union as soon as possible, according' to 
 the principles of our Const iiui ion. We have no tJicCieiion left. Good 
 faiih U) the [)arties contiacicd wiih and justice to the peopled of the Terri- 
 tories (It^maiid ir. 
 
 A\n\ the same duly to admit apph'cs to all (cni(t)r3' of the lliiifvd Slates, 
 no matter how actpiired, wheihcr l>y conquest or cession. The power lo 
 actiuire territory has been doubted by some, and not widiont reason ; but [ 
 do not propOfC lo go into thai question now; it is not necessary to the ob- 
 jects I have in view. Hut, however that rtiay be, if die Uiiiied States ac- 
 quire territory, no matter how, it must be held under and according to the 
 Cons^tiiuiion. And the reason of ihis is manifest and conclusive. The 
 *' United Stales" exists only by virtue of the Oonsiitnii ^n ; apait from the 
 Consiiiuiiori there is no such body, nnd whatever they may lawfidly do 
 must be done in viriiie of the powers conferred by the insirument. V\ heti- 
 ever they attempt to go above or beynmi ii, they exceed ilieir jurisdiciion, 
 and the act is a sheer nsnrpaiion. Whenever ihey acquire territory, iheie- 
 fore, the Constiiniion immediately spreails itself over it ; and iho acquisi- 
 tion must be held and dealt with accortiing^ to it. If they have no power 
 under that insinmient to acquire, the acquisition and sul)se(|uent holding 
 aie unlawfid. It is an exercise of power in violation of right. 
 
 Let me, however, not be misundersiood. I do not deny diat Congress 
 lias the power to refuse a Territory admission into this Union. It has ihe 
 power, and in every pioper case ought to exeicise it. Congress should see 
 that tiie rtqiiiremems of the Constiiniion are gratified. Before a new 
 Slate can be admiited it must have a republican form of Government ; a 
 population requisite for at least one member of Conirress according to ihe 
 ratio iheii in force; must assent to the lights of properiy wiihin iis limits 
 belouiiing to the United Siates or any of the Slates; and must submit to 
 the Cons'! im lion of the United Slates, and the laws and treaties made in 
 puisuiuice of it. These and perhaps odier conditions are established l>y 
 the Consiiiution as condiiions on which new Stales may be admiited ; and 
 it is the duty of Congress to refuse admission until ihey are faithfully com- 
 plied wiih. Bui, haviiiof ihe requisite qualificaiions, any leiriiory of the 
 United Stales is eniitled to admission, and in my judgment it would be a 
 violation of the Consiiuiiitm to refuse it. And when they conie m, they 
 come sul ject to the same restraints and endowed with the privileges of the 
 
 old Stales. i • . t i n . ut 
 
 This brings me to the only remaining point wuh whicii 1 shall troul)ie 
 the committee. While in the leiriiorial condiiion how are they lo be 
 governed, and what is the power of Con-ress over ihem?^ On this p.^mt 
 several opinions have been expressed. H'he gemlen-an fmm Mas.acMu- 
 etts (Mr. Hudson) thinks the power of Congress over them is ualimiieJ 
 
12 
 
 and piipreme. The of'^ntlemnn from South Carolina (Mr. Rftett) iliinks 
 that Coiiizress ni.iy sei ii|) a le^triciecl g^overnmeiit iij lh(? Teriiiories, luit 
 thai ihe soveieiii^iii y <>Vir ihein resides in ihe S ale.^. And nnother class of 
 geinleiueii iliink that the soVereigiHy is ihe people of ihe Territories, and 
 may ul once, and while in ihe teiritoiial condiiion, he exercised hy them. 
 I\one of iliese opinions as laid down are saiivsfaclory lo me, hut ii is sufti- 
 cieni for my piiipor-e lo show that ihe first is niiMiie. 
 
 'l''lie o-eoilenian from Maj^sacliuseils afiliriis that if a nation owns n terii- 
 torv she lias a ri^hi ii. tfovein it ; thai ownership imr>Iies domain and sove- 
 reiijttly. and he qaoied Vatiel to sustain him. Sir, Yattel knew noihingof 
 our sysiem, l)ut reasoned of ihe Governments of ihe Old Woild, wiiose 
 poweis were claimed to he of Divine orii^in and nnlimiied ; and, like ihe 
 wriiinofs of all Kuropean piil)licis;s, except those of very recent dale, wheti 
 refeired lo as aiilhorilies for the imeroal working of our pyslem, only he- 
 wilder and mislead. When applied lo a Guvemment of nnlimiied an hor- 
 iiy ihe [)r<>{)Ojiiioii is tine, hut ii is w'lolly inapplic;ih!e to ns. Our Go- 
 vermnem is not ihe naiioii, and does noi possess ihe poweis of the nation. 
 It is a Consiilniioiial Govermneni. its ohjtcts are defined, its powers are 
 ]imiied and giiaided, and ii is forbidden to exeici,-e any power not granted. 
 To asceitain its aiiihoriiy o\ei a o:ive-n snlij.-c,i we must look, not lo the 
 practice of other iiaiioiis, hut to ilie Consillmion itself. We must a[)ply 
 lo it ihe familiar iiiles of consirnotion apj)licuhle lo all wriilea iiisiriimeiiis ; 
 we must look to the whole insirmnent, compaie one provision with the 
 oihers and vvidi the general design, and i^ive it .~iich constiuction, if possi- 
 ble, ihai eveiy pan may he opem'iive and the general intent giaiified. Ap- 
 plying ihis lule, the position assumed hy the genileman cannot he main- 
 tained. 'J'he power claimed for Congress by him is inconsistent and in- 
 compatihle witli another and superior right, which I have shown to exist. 
 If the '^rerritoiies are designed and are entitled to he admitted as Suies 
 into the Union on terms of erpiahty with the old States, then it is manifest 
 thai the power of (,'ono:ress over them is not unlimited. It is admiited 
 thai Congress has lejjislalixe power over ihem, hiii it is a qualified power, 
 and ciiii he exercised rigiiiftilly only in snhordinaiion to the right existing 
 in them of hecoming Ntates, and aho in subordination to iha rigiits of the 
 cilizi'ns of the several Slates, which I shall notice presently. 
 
 Undei the Constitution Congress is etnpoweied 'to dispose of and make 
 all needful rules and regulations respecting tlie territory and other properly 
 of the United Slates."' 'i'his, at best, confers but a limited atiihoriiy, and 
 is veiy ddleient from the power over the District of Columbia, and the 
 places purchased for foits, niaoazines, arsenals, and dockyards. Over these 
 the Constiintioii empowers Congress "loexeicise exclusive legislation in 
 all ca,-es whatever." Congress (Uidoubiedly can, and ought, to establish 
 temporary govermnenis over tlie 'i'erritories, reij-idate iheir police, protect 
 them from in'ernal and ex:ternal violence, secme their inhahiiauts in the 
 ei'j )yment of their property ; but it can do no net v. Inch infringes the 
 right of the Territory to become a State, or imp:iiis its anihoriiy when it be- 
 comes one. Congress has not the sovereignty, but only a limiied power of 
 legislation, inielaiy in its character. The territorial condition is temporary; 
 it is the minority of a State, and the business of Congress is that of guar- 
 dian. Ii has the cure of the peisou and property of the ward ; but it can- 
 
not nlien or change ihc eslnto, or withluild it from him wlioii he. ariivi;H lo 
 inauiiiiy. The peoph' of llic 'I'cnitoiic.-:, who arc ciiizoiis i)f lh« Suites 
 resiiliiiof iheieiii, arc t*MtilI»tl to all iIk; povvtMS of s()ver«'i<rii y, hiii ilirv can- 
 iioi exercise them while in ihe leriitdiial coiicJilion. Coiij^ress cJeicniiiues 
 when iliey arc in a lit condiiiun lo Ijc entiiisiod with ihe ninMa:^eMie.ni of 
 their own affairs, hut confeis no new riiihl oil ihein. When ailniiiied into 
 the Union they derive their powers of sovereijjnly, not IVon» Uoii;^resj, hnt, 
 like every oilier political copinmniiy, from ihiMnselves. Theee arc inhe- 
 rent riijiiis. ContrrefS admiiied Texas into llie Union; she was a sovcrei;j;a 
 and independenl. R(^pul»lic, in die fidl exerci.^c of all ihe powrrs of Govcrn- 
 jiient ; leiognizcd hy iho piincipal naiions of the world as fiee and sove- 
 reign, and trealed with by us as sneli. She cone in precisely as every 
 new Siate comes. Did Congress imparl any new sovereignly lo her? 1j 
 Texas indehled lo ihe henignity of Congress for the rigiit lo govern her- 
 sell? At this session we have admiiled Wisconsin ; have we besiowtd on 
 lier any portion of onr sovereignly ? Have we pnried with any? She is 
 now a Siaie of this Union, with powers and piivileges as ample as those 
 enjoyed by any ot the old Siaies. Does she posse.-s ihein by our gram 7 
 "Where is the evidence of it ? Has she only a iransmiiied soveieigmy? 
 ISo, sir; we have given lo ihis, the youngest sisier of ihe Confeileracy, no 
 new or additional j'ower or capacity ; we have only said lo her, yon have 
 nriived at womanhooil,antl are now capable of nnaiiaging your own alliiis; 
 hencefoith take chaige of your own estate, and send here yoiir represeniu- 
 lives, that they may .lid ns, by their wisdom and counsel, in managing the 
 comiiion inteiests of the family. This is my view of the relations beiweea 
 the Territories of the United Stales and this Government ; and I inject as 
 a dangerous assumption ihe idea that the power of this Go\ernnien(. over 
 tlic people of the Territories is supreme and ab?oIute. 
 
 n^he Teniiories are the common pio;)erty of the Stales of iliis Union. 
 The Constitution speaks of them as " the Territories of the United States;" 
 tlie right of soil was vested in the United States ; and it is to bo disposed 
 of for the common benefit. The States, iherefoie, have a common right 
 to occupy and use ihem. The people of the States have a right to go 
 there and reside, and Congress cannot prevent i hem. They are nllimate- 
 ly to become Slates, and settlement is essential to ihat end. This will be 
 conceded. But are tiiey to go there empty handed ? No ; they may take 
 their propeity with them. What property ? ^Vhy, whatever ihe Suites 
 whence they come lecognise as property. If this were not so the common 
 right of the Sates in the use and advantage of the Teiritories would be 
 violated. The people of Ohio may carry iheir horses, because Oliio recog- 
 nises horses as pioperty ; and the people of Kentucky their slaves, for the 
 same reason. If ihelatler may be excluded, a discrimina'ion unfavorable 
 to Kentucky is made, and her right of common and eriual enjoymeni is 
 violated. Hence it follows that Congress, in legislating foi ihe Teniiories, 
 cannot decide what shall not be property, but is bound to protect as pro- 
 perty whatever the States of the Union have determined to be property, and 
 which is carried there by iheir citizens respectively. 
 
 ■ This is inevitable, and results as a consequence of the common riLrht of 
 the Slates to the enjoyment of the Terriioiies. A law, theiefoie, of Con- 
 gress forbidding ihe citizens of any of the States to cany with iheai into 
 
14 
 
 the Territories, for their own use, their slaves, would be a violation of State 
 rights and a bieacli of the Coiistifution. But I am ioI(J if there is no law 
 in ihe Territory authorizinof slavery, it ceases to exist as soon a^ it touches 
 the soil of the Territory. I lake the law to be diffeieiit. I appiehend the 
 rule to Ite, that if a State, by its laws,aniho!ize its citizens to huld a parti- 
 cular kind of pioperty, the right coniiuues and goes wiih the property, 
 wherever it may go, until it be brought witliin another jurisdiction which 
 forbids it. For instance, Virginia has authorized her ci'izens to hold slaves, 
 and the relation must exist, wherever the slave may go, until dissolved by 
 law. A Virginian, with his slave, may sail to the uttermost parts of the 
 sea, and theielation of master and slave will exi^i in full Ibrce, and nmst 
 continue to exist, niiiil they are brought wiihin some jniis^diction which 
 forbids slavery. Now, if Congress camiot p.iss laws prohibiting slavely iti 
 the Territories, and I have shown that it catmot, then tite lelaiion of mas- 
 ter and slave must cotUinue theie in full force and unimpaired. But the 
 citizen of a slaveholding State, going into the "^Ferritory with his slave, is not, 
 in the absence of a positive eiiiclmeni by Omgres^, without law sustaining- 
 his title. He has the Constitution of the Uniied States, which recogntses- 
 propeiiy in slaves, and enures as well to his securiiy ui the Terriiory as in 
 the State whence he came. 1 have endeavored, Mr. Chairman, to show 
 that all territory is designed to become Suites, wiih the powers and privi- 
 leges of the old Sia'e^ ; and that in the States of this Uuion, this Govern- 
 ment has no right to touch the question of slavery. If I have been suc- 
 'Cessful in this, it follows that it cannot, touch it in the Territories. What 
 this Government is not authorized to do directly it cannot do ind-recily. 
 The object of the Wilmoi proviso is to make uon-slaveholding Siaies^ 
 that cannot be done directly. We have no po ver to say to the siavelrold- 
 in«: Slates, you must liberate your slaves; or to the S aie applying for ad- 
 mission, you cannot come in until you have discharged your slaves. 
 That would be a violation of the Constitution ; yet, to accoiuplish the same 
 end, it proposes to exclude the slaveholder fro.n the territory ; and when 
 it applies for admission, its society being all nonslaVeholders, it will of 
 course be a nonsiaveholding Sia'e. Tluis by indirect mean? an end is to 
 be accomplislu^d which wc are forbidden to do directly. Sir, the one is as 
 gross a violation of the Coiisiitution as the other; and ihe latter is some- 
 what more dairgerous, because it is insidious. 
 
 The honorable member from Massachusetts has read to the committee a 
 long list of a'.uhoriiies, elementary, judicial, and h-gislative, to show the 
 power of Congress over the Territories; but, after all, what do they prove? 
 That the General Government has absolute power over the Territories? 
 Not at all. They only sustain what 1 have conceded, that it is the duty 
 of Coiiffress to establish temporary governiuents over them for their protec- 
 tion. They go no further than this. He hid also cited and rel.ed on the 
 ordinance of 1787. I have never, Mr. Chairman, been able to see the 
 pertinency, or feel ihe force of the argument diawn from that source. 
 That was not a proceeding under the Constitution ; it was ena< ted before 
 the (Constitution was in being, and cannot therefore be an ex()osition of it. 
 BiU it is said that it was known to the framers of the Constitution, and cov- 
 ered all the Territories then belonging to the United States; and it must 
 therefore be considered its a system or model of territorial government de- 
 signed by iheni for the Terriiories ut any lime afierwards acquired. la 
 
16 
 
 the first place, that oirlinance diil not cover nil the lerriiory ownrd hy ihe 
 Uiiiied Siaies at the liiiie of tlie foiinaiioii of the Cotisiiuiiioii. 'I'lii; lerri- 
 t<»iy winch l)eli)nged lo South Carolina, aiul cuveiinj^ the entire JSiate of 
 Mispisiiippi anil part of Ahihanm, at that time had heeii ceded lo the Uimed 
 Siati'p. And, in llie next place, ihere is no evidence that th«i fr.nneis of 
 the (yonstiimion designed loj^ive it any such eflVci ; in lintli, the Constitti- 
 tion ad'ords ns no reason to helieve that the ordinance was even known lo 
 its franiers, or thai it had tin; least elh ct in shapiiifr thai inshtnnent. Nor 
 does the sixth aiMch; have the edecl he stippo-es. 'I'hat article had no 
 special relereiiCi' tti this pariicnlar engagement; and, if it had, I slionld 
 like to ktrow how this Go/erinneni, it its power over the TerriiorifS is su- 
 preme and imlimiitd, would he hound hy the ordinance? 'I'he idea, 
 theK-Coie, that it was! known to and recoj/nised and designed hy the franiers 
 of the Consiilntion to lie a system applicahie to the froxerninent of all ihe 
 'I'ciritories of the United Stales, is a mere fanciful iheoiy, tinsusiained hy 
 fa<t. Bui it such were the case, then all the ordinance is of ecjiial foice, 
 and must Ite adopted and adht-red to. It retpiires that ihe Governor shall 
 lia\e ;i frt ehold estate in one thousand acres of land ; the Secielaiy in five 
 hundred ; a joJge in five hundred ; and each voter in fifty acres. Now, 
 is ii ptissihle thai in franiin!,'- governnn nt.> for the 'Territories of the Unitetl 
 Slates, we must adh<!ie lo thetc aniicpiattd recpiiremenis ? Sir, it U shock- 
 ing to deinociatic sensihiliiy ! And yet, if the dociriiic 1 am combaiing be 
 maintained, these cannot be excluded. 
 
 My hononihle friend next referred to the Missomi compromise as con- 
 clusive of thisipnstiou. How was that coinpiomise made ? k was pass- 
 ed at a time of great agitation, to prevent a great and impending evil. In ' 
 the 'reiriioiy of Mis-^ouii slavery existed ; it had been iniioduced while it 
 was a c'^ieiicii colony, iind continued after llie treaty transferring it to the 
 Utiiied Suiies. When that Stale applied for admi.-sion it was objected to 
 because of her slaves. The contest lo which it gave rise was one of great 
 violence. It sln.ok the Union to its centre and thieaiened its dissoluiioii. 
 The danger was immineni ; and in oider to quiel the strife and avoid the 
 iinmediat'e peril, Congress agieed upon the compromise of 36° 30', ihen 
 rnniiiiig through an unpeopled wildeinesp, as the diviiling line; north of 
 which Uiey declaretl slaveiy should be fuiever excluded. 'J'bis was done 
 solely f«)r the purpose of quieting a dangerous excitement and of saving 
 the Union. Nobody was interested in the establishment of that particular 
 line; it was adopted to put a stop to commotion ; and is of no auihoiily 
 whatever as lo what is the iriic construction of lUe Constitution. 
 
 Airain, th3 gi nileman relied on the resolutions for the nnuexaiion of 
 Texas. 13u! what are the Texas resolutions? 'I'hey weie nothing but 
 terms for a compact pioposed to thai republic. Our Government wasdeal- 
 ino- with another independent Govermneni, and in such a case we hail 
 certainly the right lo prescribe whatever we pleased as the leims of ad- 
 mission. 
 
 ]\Jr. CoLLAMRR here said lie wished to ask the genileman frorn Mary- 
 land by what part of the Consiilulion Congress was empoweted to n.ake a 
 conliact with aiioiher nation ? 
 
 Mr. CiusFiKLD resumed. The answer lo that question, Mr. Chairman, 
 I must leave to gentlemen who favored annexation. I jilwajs opposed il. 
 1 suoiigly doubt the existence of any such power. Indeed, 1 douLl liie 
 
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 16 iilllliliiiilii^ 
 
 011 464 394 4 
 power of Congress (o arqnire teiritoiy at all. Mr. Jf»lJer?on enienainp-a 
 the same doubts. 'He llmnolit die iicqnisiiioii of Louisiarin was a violaiiuii 
 of tlie Coiisiitiition, jiisiifietl only hy iiecfSfiiy. liiii if (Jongie.-s could an- 
 nex a foreign naiioii it ceriaiiiiy could prt'-tribe ilie leruis, Ii was a mat- 
 ter of contrart, and Texas could refuse ihe terms. Bui thnt liad noiliing 
 to do wi;li the power of Congress over llie Terruoiies of the United ;Siates 
 within iheir own limits. 
 
 Mr. Chairnian, 1 have accomplished the work I proposed to myself. I 
 think 1 have shown that, the Federal Govertuitt-iit lias no ^ower over the 
 question of slavery in the old Slates, which were paities to the formation 
 of ihe Constitution, bui that it was reserved exclusively to them ; that new 
 Stales, when admiiied, succeed to all the poweis and privileges of the old ; 
 that all ilie territory of the Ifniied Siaies is designtd to he admiited as 
 Slates of ihe Union ; and while ii leniains in ihe teriitorial condition Con- 
 gress is charged wiih its piotection, but it can do no act which impairs iis 
 riffht 10 become a State, or its authority when it becomes one, rr infringes 
 the rights of the Slates and the citizens thereof, with th^ir propeily, to re- 
 side upon and enjoy it as the common property of the United States. 
 
 Mr. Chairman, 1 shall add luii a word in conclusion. In addies.-ing the 
 committee f have not been influenced by a desire for the extension of sla- 
 verv.. If the peop'e of these Terriiories, from moral considerations, theif 
 interests, or sense of propriety, shall, when the proper period arrives, dis- 
 card the institution, I shall utter no complaint and (eel no regret; for I 
 would not extend slavery lo a people nnwilling to receive it. indeed, I 
 scarcely believe ihat slavery will ever exist in the Territories now owned 
 by the United States, except a very small portion, whatever may be (he ac- 
 tion of this Government. These Territories will be mosily agiicnltnral, 
 grain growing Slates; but linle if any portion of them is adapted to plant- 
 ing, to sugar, cotton, and rice ; ami in agricultural countries slavery is not 
 profitable. It is the most costly labor the farmer can employ, and from this 
 reason it will never exist in, or if iniioduced, it will be soon expelled from 
 these regions. But 1 have a higher purpose in a(ldres^ing you. The Con- 
 siifuiion is assailed; the equal privileges of the Stales are denied; and 
 the quiet, harmony, and even the continuance of the Union endangered ; 
 and I feel called on, however feeble the effoit may be, to emer my protest. 
 I Fiave endeavored to avoid all harsh and irritaiing remark. The agitation 
 nnd excitement which this subject has occasioned is deeply to be regretted. 
 Kspecially is the course ot some gentlemen on this floor to be deprecased. 
 Sir, we of the slaveholdi*ng Slate* have had our foibearanco largely taxed ; 
 we have been assailed in the tenderesl point ; we have been denounced, and 
 our eais have been insulted with doctrines of the most dangerous and violent 
 characler — dociiines which point the assassin's dagger, light the incendia- 
 ry's match, and strips murder of its crime. We liave the deepest provoca- 
 tion ; but, for 6ne, I will no; recriminate. I will not add fuel lo the flame. I 
 have yet confidence in the American people — in iheir justice and attachment 
 to the Union. Whatever demagogues and fanaiics may do or dare, tlie mass 
 of the people are sound, and entertain an undiminished respect for consti- 
 lutional obligation. Hold up to ihem that sacn-d instrument, claim that 
 its obligations be respected, and I lif^ve an abiding confidenre that their 
 own good sense and patriotism may be relied on, that Soiiiherii rights will 
 be vindicated, and th^t all will vet be well. 
 
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