The New York Herald Newspaper, March 5, 1850, Page 1

MORNING EDITION---TUESDAY, MARCH 5, 1850. THE NEW YORK HERALD. TWO CENTS. Ps} NO. 5749. sruz0n or Tas HON. JOHN C. CALHOUN, ON THE SLAVERY QUESTION. ‘Delivered im the Senate of the United States, March 4, 1850, I bave, Senators, believed from the first, that the agi- rtation of the subject of slavery would, if not prevented ‘Dy some timely and effective measure, end in disunion. Entertaining this opinion, I have. on all proper occa- ‘Gions, endeavored to call the attention of both of the ‘two great parties which divide the country, to adopt geme such measure to prevent eo great a disaster, but without success. The agitation bas been permitted to Proceed, with almost nosttempt to resist it, uatil it has reached @ period when it can no longer be dis- qguised or denied that the Union is indanger. You ‘have thus bad forced upon you the greatest and the gravest question that ever can come under your con- ‘ideration, How can the Union be preserved ? To gives satisfactory anewer to this mighty ques- lon, it is indispensable to have an accurate and tho- Tough knowledge of the nature and the character of the cause by which the Union ts endangered. Without vuch knowledge it is impossible to pronounce, with any Sertainty, by what measure it can be saved ; just as it would be imporsibie for a physician to pronounce, in the case of some dangerous disease, with any certainty, ‘by what remedy the patient could be saved, without gimilar knowledge of the nature and cbaracter of the @ause of the disease. The iret question, then, presented 08 copsideration, in the investigation I propose, in or- der to obtain such knowledge, is—what is it that has ehdangered the Union’ To this question, there can be but on swer—that ‘the immediate cause ir, the almost universal disoon- tent ich pervades al) the States composing the Gouthern section of the Unioo. This widely extended -Aiscontent is not of recent origin. It commenced with the agitation of the slavery «juestion, and has been in- creasing ever since. The next question is,—What has caused this wide-diffused and almost universal discon- ten! It in a great mistake to supp ore, as is by seme, that it otiginated with demagogu ho excited the discon- gent with the imtention of aiding their personal ad- yancement, or with disappointed, ambitious indtvidu- ais, who resorted to it as the means of raising their Fallen fortunes. There is no foundation for this opinion. On the contrary, all the great political influences of the section were arrayed against ex- citement, and exerted to the utmost te keep the people quiet, The great mass of the people of the South were divided, asin the otber section, into whigs and demo- orate. The leaders and the presses of both parties in ‘the South were very solicitous to prevent excitement wand restore quiet; beewuse it was seen that the effects of the former would necessarily tend to weaken, if not Gestroy, the political ties which united them with pbeir respective parties in the other section. Those twhé Know the strength of party ties, will readily ap- oprectate the imm force which this cause exerted against agitation, and in favor of preserving quiet But as great as it was, it was not sufficiently so to prevent ‘the wide-spread discontent which uo# des the section. No; some cause far deeper and more pow- wetel mawset exist, to produce @ discouteat so wide and deep, than the oueioferred The question thea Tecura, what is the cause of this discontem:? It will ‘be found in the belief of the people of the Southera Btater, as prevalent as the discontent itself, that they cannot remain, as things Dow ere, consistently with “wenor and rafety,in the Union, Fhe next question, ‘Ohos, to be considered is, what has caused this be- ef? Oneef the causes is, undoubtedly, to be traced to ‘the lopg-continued agitation of the slave question on ‘the part of the North, and the many aggressions which ‘th rights of the South, during the © preswat, as it will There is another, lyiog but with which ‘Ubis is imtime: nected, thet may be regarded as the ¢ ‘ery couse (t is to be found ta the fact that the equiibiium betwoen the two sections ta ‘Lhe goverbmMent, as i d when the constitution was gatined end the goreroment put te aotion been destroyed. At that time, there was nearly & equilibrium betweeo the two, whieh aiforded smenog to each to protect itrelf ugaivet the aggression of the other ; but as it now stands, one section bas ex. clusive power of eootrolliog the goverament, which jeaves the other without any adequate means of pro- tecting itself egainat its encroachment and oppression. To piace this subject distinotly betore you, | have, Senators, prepared @ brief statistical statement, show- fog the relative weight of the two sections in the govermment. under the first census of 1700, and the last censwe of 1840 According to the former, the population of the United States, inelauing Vermout,; Keatuck ard Tenterees, which then were ta their inci. P condition ef becoming States, but were not setually admitted. amounted to 9.929.627. Of this wumber, the Northern States bea 1 See, and the Southern 1.062072, making @ dillereuce of only 95.827 1 ror of the former States. The nember of Verment, Kentucky acd Tenneseee, i Vermont, be- ag equal division of the States between the two sections, wader the first cevens, There was poude- ov in the House of Representatives ‘tore! college, in tavor of Northern. owing to the fact that, according to the provisions of the constitution, in votimating federal numbers five slaves count but three; Dut ft was too amall to affect sensibly the perfeet equili- ‘brinm of numbers which, with that exeeptivm. existed at that tme—a true, perfect equilibrium Such was the equality of the two sections whem the Stetes com- praise them agreed to enter into federal Union. | i nce then, the ejuilibriam between them has been Oe ding ve" the last the je cenrus. the aggregate - tien of the United States amounted to Fosse. ot the Northern section contained ¥,725,920, au 7 AT, making «@ differenos. in roun’ wuimber of States had in- making e0 additive Properly belowged | Considering her as neutral, the orthern States will Lave thirteen, end the Southera making a difference io the Sewate of Senators im favor of the former According to the ap, leave the differenoe ia t arnsus was taken, but add two to the side of the North In the House. maktog the preeeut jority im the Housetn ite favor, of 60, and im the pA - A ores a ‘The rerult of the whole is oer the Northern sec- tion « predominance iu every department of the go- verpment, aad thus concentrate tn it the two elements which coustitute (be federal gorerament- majority of States, and @ majority ef their population. estimated in Whatever rection comcentrates the r, must posers coutrol of the entire govern mert. But we are just at the close of the the sixth decade, and the commencement of the seventh, The census 1s te be taken this year. whieh inust add to the ee al of the North io the Be vee, and federal v ‘two in ite | ment bas been changed im cor i 44 ; Cet “| i i 7 which the South has been mMmon territory belowgiog to all ee the members of the federal Union, of the whieh has the effeot of extending vastly the por- tion allotted to the Northern section, sad restriotiag 7 within marrow limits the portion left the South. The next consists in adopting a system of revenue and dis- bursements by which an jue proportion of the bur- an undue enacted eb iat eae piped the North; and the last i: Agnes of polltioal mes. the original character of the govern- j a3 3 ity. series of acts by which the South was of the territories. which Lager the existence of be found in the provisions of a was to exolude the 0 ith from the whole of the Oregon Terri- these, in the slang of the day, were what is called tory, and not free soil; that js, territo- tories belonging to slave holding powers, open to the emigration of masters with their slaves. By these several acts, the South was excluded from 1,238, square miles, an extent of count conelderably ex- cceeding the entire valley of the Mississippi. To the South was left the ion of the territory of Louisiana lying south ef 3630,and the pertion north of it in- ciuded in the State of Missouri; the portion lyin, south of 36 30, includes the States of Louisiana au Arkansas, and the territery lying west of the latter and south of 36 40, called the Indian country. A portion lying south of this, with the territory of Florids, now the State, makesin the whole 283,503 square miles.— To this must be added the territory acquired with Texas. If the whole should be added to the Southern seotion, it would make @n increase of 325,520, which would make the to the South 609,023. Bi: large part of Texas is stillin contest between the sections, which leaves uncertain what will be the extent of the portion of her territory that may be left to the South. J have not included the territory recently soquired by the treaty with Mexieo. The North is making thi most strenuous efforts to Sppropriate the whole to he: self. by excluding the South from 'y foot of it. If the should succeed, it will add to that from which Southern laws already been excluded, 627,078 equare miles, and would tucrease the whole the Nort! bas appropriated to herself, to 1,764,023, not including the portion which she may succeed in excluding us from im Texas. To sum up the whole, the United States, since they declared their independence, have acquired 2,373,046 square miles of territory, from which the North will bave excluded the South, if she should succeed in monopolizing the newly acquired territories, about three-fourths of the whole, and leave the South but about one-fourth. Such is the firet aud great cause that bas destroyed the equilibrium between the two sections in the go- vernment. The next is the eystem of revenue and disbursements which has been adopted by the goverument. it is well known that the main eource trom which the govern- ment bas derived its revenue, js from duties on imports. I unde; to show that all such duties must necessarily fail mainly on the exporting States, and that the South. as the great exporting portion of the Union, hes in reatity paid vastty more than her d proportion of the revenue, because | deem it unneces- sary, as the subject has on 50 y cocasios disouseed Nor shall |, for the same reason. to chow, that @ far greater been disbursed at the North than its due share; and tbat the joint effect of these causes has beeu to transter se vastamountirom the South to the North. whien, un- der ap equal system of revenue and disbursement, would not have been lost to her. Ifto this be added, that many of the duties were impored, not for revenue, but for protection, that is intended to put money, not into the treasury, but directly into the pocket of the manu- facturers, some conception may be formed of the im- mense amount which in the long course of so many eare bas be transferred from tpe South tothe ‘orth. There is no date by which it can be estimated with any certainty; but, it is eafe to say, that it amounts to hundreds of millions of dollars, Under the most moderate estimate, it would be rufficient to add reatly to the wealth ot the North, by that greatly increase her population, by attracting emigration from ail quarters in that direc This, combined with the great and primary cause, amply explains why the North has acquired a prepon- derance over every department of the government, by its disproportionate increase of population and States. The former, as has been shown, has increased, in Sitty years, 2,400,000 over thet of the South. This increase of population, during #0 long @ period, is satisfactorily accounted for by the number of emigrants, and the in- oreare of their descendants, which has been attracted to the Nertheru rection from Europe aed the Southerm section, in consequence of the advantages defived from the causes easigned. South had retained all the capital which has been ex- tracted trom her by the Gsoal action of the govera- ment, and if they bed not been excluded, by the ‘87 and the Missouri compromise, lying betwoen the Onio aud the the Mississippi and the h pf it scarewly of have divided the emigration ud by recainipy ber own peopl i <b 12 popuiation, aor under that ab: equal thore territories, eqoaity in the number of States with bate preserved the equilibr bet ween two sec- ticps tbat exieted at the cor cement of the govern- went, The loss, then, of t drium is to be at- Uributed to the motion of Cais go" at But while there measures were destroying the Lisivm between the two rections, the action of the government was leading (oa radicai change in its cha- raoter, by concentrating ail (he power of the system in itself measures by which thie great change bas been con- summated if it did, it would not be difficult to show, Ubat the process commenced at an early period of the government; that it proceeded almost without tnver- by step, until it adsorded, virtually, ite Without, however, going through the frem the regio Missisetp and between Reooky 5 process to establiah the fact, it way be done jaovorily by a very short statement. ‘sment claims, and practically io the Jast resort, -” denied by history of the cor ee chal ip whatever powe indeed, it is apparen! Unis bee beoowe the py great majority of the community imitation cam porsibiy be placed goverpmect, clauning Sud exercie And, if pone cep be, how can the separate goverment cf the States maintain snd protect the powers reserved to them by the constitution, or the people of the several States meistain those which ace reeerved to them, and among them, their soverega powers, by wbich they ordained end d. got omy their separate State cometitutions sod govern but #lso the constitution aad romeat of the Staver! Gut if they have uo constitutional means of maictaiming them against the rigitt cisimed by thie govermmens, if necessarily follows, thet they Dold them at its pieacure and discretion, and toat ail ers of the system are, in reality, concentrated It aiso follows, tbat the character of the govern- uence, trom @ federal repubile, ae It originally came from the hands of ite framers apd that it bas been changed into ® great pationsi coprolidated democracy. It bes, indeed, at present. ali the ebaracieristies of (he latter, aad oot ove of the former, although it still reteius its outward form. ‘The result of the whole of these causes combined, is that the North bas acjulred a dewided ascendancy over ery Gepartment of thie governamen es contro: sil the powers of the seorlon, governed by the will of the has now, tu fact, the control of thy entire powers of t! tutional federal repubiie, is now converted, im reality, into one ar absolute ar that of the Aucoerat ot Russa, £04 a deep. tic im its tendency as any absciute goverm- ment that ever existed. the political gbt to resort to forse, to main- Ae the North has the absolute com trol over the govermment, it is manifest, thet on sil questions between it sed the South, where there is a diverrity of interests, the interest of the jatter will be sacrificed to the former, how- ever oppremive the eflects may be, as the South the jaee- porseeeer DO means by which it oma resist, action of the government but if there of vital ference to which the Lions are opponite and hostile ws they cam pormtbly be. L tefer to the reiations between the two races ia Southern seedou. whied coustitutes a vitel portion bet social organization. #very portion of the » end feelings @ or less hostile te oppured and hostile regard 1 ase sin. Hemecives under the inost recred te use every effort to destroy it. Indeed, ty that they conceive they hare power, themerelves ae im plicated te the do for ruppreseiog it, by the use of ali aod Tore bers Oppored and hortile regard it sm cflence sgainet humanity, as they call it, sithcugh not so fanations, fer! themselves bound to oll efforts to effect the same chject. While those w! are least opposed abd hostile, regard it es @ blot aod stain op the character of what they call the pation, and feet themselves aeoordingly bound to rive it nv coamte bance oF SUP port. the coutcary. the Scothera seo. uen the relation a¢ one which cannot be de is8 z E f i f i | tj fl tts if they bed not existed—if the | North, aud | The cceasion wili Bot permit me to trace the | ae woarcely be — t try, is equally certain, Chat | furnished the cause. It was on the minds of that made an im was little or no of ii ~ a the North is a, ying the existing relation moes in the South. organized movement towards it, commenced in 1885. Then for the first time societies were organ- ized, " a lecturers sent forth to excite le e presses the peer! over the whole South was 5 Pope tyne by resolutions Ni to e and own protection if it was not of Congress petitions North, calling upon Congress to slavery in the District of Co- to prohibit what they called the internal Detween the States, time, that their ultimate object not only in the District but outthe Union, At this jod, the number in |, and it possessed little or no party in Congress had, at that time. any sym- pathy with them or their cause; the members each '¥ presented th with great reluctance. elees, as emall and as contemptible as the party them ‘bey fat that though smal, they were oreat y oug) were - ined, in reference to 8 subjest which bed’s great and « commanding influence over the Northern mind. Each jam A on that account, feared to oppose their petitions, the opposite i eae take advan’ of the one who opposed, by favoring them. The effeot was, that both upited in insisting that the petitions should be received, and Congress take jurisdiction of the sub- ject tor whieh they prayed; and to ji course, took the e: ground that Congress was bound to receive petitions on every subject, however objectionable it might be, and whether they had. or bad not jurisdiction over the subject. here # prevailed in the House of Representatives, and pe jally in the Senate, and thus the party succeeded, their a Ags wa bs gainin, bord aad Pe jt in Congress, from w! tation: could xtended over the wheie Union. This was the commencement of the agitation, which has ever since continued, and which, as it is now acknowledged, has endangered the Union itself. ‘As to myself, I believed, at that early period, that, if the who got up the petitions should cowed im getting Congress to take jurisdiction, that agitation would follow, and that it would in the « if net arrested, destroy the Union. 1 0 expressed myself im debate, and called upon both | ow ys te take grounds against bare Jurisdiction, but in vain. Had my voice been . and (opgress refused taking jurisdiction by the united votes of all parties, the egitation which followed would have been prevented. and the fanatical movements ac- companying the agitation, which have brought us to our present perilous condition, would have become ex- tinct, frem the want of something tofeed the flame. That was the time for the North to show her devotion te the Union; but, unfortunately, both of the great parties of that’ section were so intent on obtaining or retaining party ascendancy, that all other considera- tions were overlocked or forgotten. What base since followed, ere but matural conse- quences. With the success of their first mov ‘this emall fanatical party began to acquire stre ith that to become an object of courtahip of both eceseaTy COnsequEnGe was, ir, and # gredusl tainting of the opinions of both of the other parties with their d trines, until the infection a extended over both, and be their opi ri arty, which still Keeps up its distinctive organization, ardiy ever fail, when it comes to acting, to co operate in carrying Out (heir measares. With (Cie inctease of their influence, they extend the sphere of their ac- tion, 1 merch sap after they bad commenced their first movement, + ba ad acquired sufficient influence to induce the Legislatures of most of the Northern States to pase acts, which, in effect, abrogated the pro- vision of the constitution that provides fur the deliver- ing up of fugitive slaves. Not long after, lowed to abolieh forts, mag © places where ongrees had This was followed legislatures of the power of legislation. by petitions, and resolutions of Northern States, and popular meetii the Southern States all rh and to prevent on of apy State hereafter into the Union, which, by jon, dows not . Amd very owed to be the ultimate object, from the beginning of the agitation until the prevent time, et the great body of both parties of the North, with the full knowledge of the fact, although disowning the abolitionists, have co-operated with them im almost | all their measures ’ Such iss brief history of the agitatio has yet advanced. Now, | ask, Senators, to prevent its furtber progress, until it fulfils the ulci- mate eud proposed, unless some decisive measure should be adopted to prevent it’ Has any one of the | causes, which bas added to its increase trom its ori- | ginal email and contemptible ening. until it bas atiaived ite preremt mage tude, dimimtvaed in totoe” Is the origicel cause of the movement—that slavery is ‘ought to be sup; —#eaker now than 3 or is the aboluion party les Bumercus or infiucntial! or have they less intiuevee | over elections’ or less comtrol over the two grest | they were in 1835, mepeed. While all the of the South are w between abolition or secession’ es events are | now moving, it will pot require the South to secede, to Gierolve the Union; agitation will of iteelt effect te, of which its past bietory furnishes abundant proof, as | shail next proceed to show, itis a great mistake to ruppore that disanion oan be je blow, The cords which dound States together in ope commun union are far too sumercur and powertul for that. Disuniem must be the work of time. [tis only through slong process and in jon, that the cords cau snap, until the whole fabric fells asund Already, the agitation of the avery question bas snapped some of the most impor. nt, acd bes greatly weskened ail the others, as I aball proceed to ebow, bet ates together are not only many mu cbaracter. Among them, some ere fpiritual or ecclesiastionl, some poiitioal, othe: social, others appertain to the benefit: conferred by the L elon; and others to the feelings of duty aud obuga- tion. ‘The rtrongest of those of e spiritual ecclesiaati- cal pature. consisted in the umity of the great religious denominations, all of which originally embraced the Union, Ali these depomwiastions, witd the exception, perbaps, of the Catholicos, were organized very mush Upon the principle of our political sustitutions Begin- ping With emailer meetings, corresponding with the poutieal divieions of (he eountry, their vermipated ip one central assembiage, corres: ponding very much with the cherscter of Congress At these meetiogs, the principle clergymen oud lay members of the respective den: minations from ali parts of the Union met, to tramsset business relating to their ec Men cCRcerDE. taiped to Lhe doctrines and disct| : if pleer powerfui opel & bureb, The numerous and stropg ties which berg it ‘ate all broke, and ite unity gone. They now separate churches, and instead of that feviing of attacbwment and devorion to the interests of the whole cburch, which was formerly felt, they are Dow Birayed Into two hostile bodies eugaged 10 litiga | thom ebout what wae formerly their common propery. ‘The next cord that snapped was that of the Gaptiets, | one of the Iargret amd most reap: otuble of the denomina | thome; that of the f'reeby teriane ts not emtirely suapped, | but some of ite strands bave gives way; tust of the reupal chureh is the only one four great Pro oroken and | >» Teetamt denem pation! it piritual. ted ‘og time the explorive tendency of the agitation, but bes finally nde: foree— if not entirely. mearly eo. Nor we thete one of the remaining cords which has not been greatly weakened. To this extent the Uston bas aiready destroyed by agitation, In the only ‘way it can be, by spapping atunder and weakening the conds which bind it togetner It the agitation goes the same force acting with Wnoreared intensity, a¢ bas been shown, there wili be nothing left to bold the States togetber, except force But surely, that can with uo propriety of Ia guage be called s Union, when the only mene by #hy: the weaker is held connected the siromger portiva, is tore, It may, indeed wnested bur the | connection will partak: ref more of the character of | eatyagation om the part of the weaker to the stronger then tbe union of Independent and sovereigo a) rn ones eee fteges of the govermment, and which only te wor acted name of Inion . cs jeg HOw, Senators, explained what it is that en the Union, and traced it to ce sod such measures as will satisfy the that is, by adopting States ieleire to the Southern section that they can | ‘nion consistent)y with their honor and . There is, ) Only one e by that can effested, that ts by revie the causes by which this belief has been produced. Do and discontent will ovase, harmony and kind feelings between the sections be restored, aud every ap- prehension ef desger to the Unien removed. The juestion then is, By what means can this be done! jut before 1 @ to anewer this question, | pro- " to show by what it cannot be done. be cannot, then, be done by eulogies on the Union, or numerous, The cry of Uniog! no more ealth tes, it will be in vain to attempt to concentrate them py pronouncing eulogies on Besides, this ery of Union comes commonly from those whom we cannot believe su: comes from our assailants; b the: ‘to be sincere; for if they lk the Union, they would necesseril; devoted to the constitution. it made the Union, to destroy the constitution, would be to di the Union. But the only reliable and cer- tain evidence of devotion to the constitution is, to abstain, on the one hand, from violating it, and to re- 1, on the other, all attempts to violate it. I¢ is only by faithfully pertorming those high duties, that the constitution can be preserved, and with it the Union. But how then stands the profession of devotion to the Union by eurassailante, w! brought to this test’ Have they abstained from violating the constitution” Let the many acts d by the Northera States to set aside and annul the clause of the censtitution pro- viding for the delivery up of fugitive slaves answer. Lette this, not that it is the only instance (for there a many rs), but because the violation, in this psi cular, is too notorious and palpable to be deaied, Again, have they stood forth faithfully to repel viol: tions of the constitution’ Let thir coarse in rete to the agitation of the slavery question, which d, and bas been carried on, for fifteen for the 0 gi nnd of abolishing acknowledged to be them show a single ins ich they ha: be sincere, Cannot bell hich they have brought forward for that purpose. Hi can we,with all these facts befor believe that they a1 sincere in their to the Unioa. or avoid believing that, by assuming the oloak of patriot- ism, their profession is but intended to lucrease the vigor of ther assaults, aud to weaken the force of our resistance? Nor can we regard the profession of devotion to the Union, on the part ef those who are not our assailants, as sincere, when they ere eulogtes upon the Union evidently with the intent of charging us with disunion, without uttering one word of denunciation against our arsailants. If friends of the Union, their eourse should be to unite with usin repelling these as- seults, and denouncing the authors as enemies of the Union. Wh bmg A avoid this and pursue the course the obviously do, it is for them to explain. or can the Union be saved by invoking the name of the illustrious Southerner, whose mortal remains re- pose on the western bank of the Potomac He of us—a slavenolder and @ planter. We ha find nothing in it to justify in this respect, we pro- le. anything in his history to deter us from seceding from the Union, should it fati to fulfil the cbjects for which it was instituted, by beiag per- mapently and hopelesely converted into the means of oppression instead of protection. On the a we find much in his example to encourage us, shou! d we be foreed to the extremity of deciding between sub- mireion and disunion. There existed then, as wellas now, # union—that between the parent country and her then colonies. It was a union that had much to endear it to the people of the colonies. Under ite protecting aud supertaten ing care, the colonies were planted. and grew up and rorpered through a long course of years, until they be populous and wealthy. Its benstits were not limited to them Their extensive agricultural and other productions gave birth to a flourishing com- merce, which riebly rewarded the B at country for the trouble and expense of establishing and nurtured, and grew fle acquired his the to early distinction ip its service; reason to believe that he was d: it. But bis devotion was a rational o1 —— it tailed to fulfil its « y tion, was converted me the colonies, be did not hesitate to draw his sword and head the great movement by whi hat union war for ever severed, and the indepen these States established. This was the great crowning glory of his life, which has spread his fame over the whole globe, and will transmit it to the latest posterity. ‘Nor ean the plan proposed by the distinguished Sema- tordrom Kentucky, por that of the sdmiulscration, pave the Union. | éhatt pass by, without remerk. the plav proposed by the Senator, and proceed direotiy to the consideration of that of the @dministiation. | however sesure the distinguished and able Senator, that in taking this course, no disrespect whatever is intended to him or to his plau | bave adopted it because eo many Senators of distinguished abliities, who were present when he delivered bis speech aad explanation of bis plan, and who were tuliy capable to do justice to the side they support have replied to bim. ‘The plan of the administration eanuot save the Union, ‘aure it bave no effect towards satisfying It proposes te the South from ull com! destroy irtetrievably, the equtlibeium between © sections These objections equally spply wo Ls 5 0 , 1 will call the Exeouts oes to ite object openly boldly. and direstiy. It claims for Congress valiwit power over the ter: tories, and pro} to assert It over the territories ao- ined from Mexico by & positive prob: bitten of elay 20 the Executive provieo, It takes an indirect course, sed in order to eiade the Wilmot proviso, aad nived aod determined coy Special to 7 the dread of Daving their sieves liberated uoder otber quarters, which it takes them is, to es would the Wilmot thie ta, that what ome prepoess to effect direo'ly and openly, the other proposes to effect ludirectly aud Dut the Executive proviso is more objectionable still than the Wilmot, in eoother aud more important par- latter, to effect ite etyect, indicts » den coast ution, by depriving the partoers aod coeene tne rritories. of ae te thea; dat it te mo ror to effeet ite The former, om the comtrary, walle It imfioty Att pos plain acterly contrary m ite com ali next proowed to the entire practios of the gorerm Mepeement bo the present time ar i te rhow The recent movement of indi ale im aliforuia to form © constitution and & te government, and to appoint Senators and Repressatactves je the fret fruit of this monstrous asso it toe individuals «ho have made tb ene into Californim a edve' they Ded conquered the territcry, sad established thetic independence, the sovereignty of the country would bare be 4 in 2 reperets and indepen ease, Whey would have bad © aod to eetadiich & d if alter thet they aa thovg! the U this would bare been bilebed primetplee a the United States who it stiempted to fori their consent. All this t* clear beyond controversy, except it can be shown tost they heve since lowe or been divested of thete sovereignty Nor t# ft leas lear that the power of legislating over the territory is vested im Congress aud mot, os is aerumed im the inhabitants of the territories None can deny that the government of the Uotted Stater bave the power to sequire territories, either by war ot by treaty; but if the power to acquire existe, it belongs te Congress to it Into execution (On this potat there can be se doubt, for the constitution expressly provides, thet Congress shali have power’ to meke all Dh pball be neersery aad proper to carry into the foregeing powers.” (those verted ited Staves oF amy of ite depart. mentsct officers, the power carrying it into exeoatl which | fe clearly vested in U 5 this important vieo, while it gives to Congress the power of ‘ogisiating over territories, imposes important restrictions oa its exercise. by restricting Congress to passing lawe neces- eeryand ee for carrying the power into execution. The prohibition extends, not only to all laws pot sult- able or sppropriate to the object, but also to all that are upjust, unequal or unfeir, for all such laws would Perec, and improper, and, therefore, unoonsti- pation: Having now established, beyond controversy, that the sovereignty over the tories is vested im the United States—that is in the several Sta! a State, and to exercise the power of ut the consent of Congress. have usurp: ed the sovereignty of the States the authority of Congress, and bave acted in o ee of both, | other words, what they ne is revolutionary rebellious in its character, anarchal in its tende id ost dangerous Had they ected from premeditation a would have been in fact an actual rebeliios oh fe not the case. The blame lies much upon them, than upon those who have induced them to take @ course so unconstitutional and dangerous. ‘They have been led into it by language held here, and the course pursued by the exvoulive brauch of the government. | have not seen the anewer of the Executive to the calls made by the two houses ot Congress, for informs- tion as to the course which it took, or the part whica it Scted, in reference to what was done in California | understand the anawers hare not yet been printed, But there is enough known to justify the assertion, that those who profess to represent and act under the authority of the Executive, have advised, aided, aad en- couraged the movement which terminsted in forming what they call s constitution and @ State. General t as civil Governor, called the convention, determined on the number aud distriba- tion of the dulegates, appointed the time and place of ite meeting, was present during the session, aod gave its proceedings his approbation aud sanction | Lf he acted without authority, he ought to have been tried, or, at least, reprim: apd disarmed Netther having bee: done, the pri ption is that bis course has beeo : ake it resp I touoh not the question whether Gem em. 8 sppointed, or received the tustrustions under which he professed to act, from the present execati or ite predecessor, If from tu» former. to wenld imp cate the preceding as well as (ho preneut wLainistras tion. If not, the respousibilily rests exciacively on tne present It is manifest, from this statement. that the E c#an- tive Departusent bas wadertaken to perform aocs pre peratory to the meeting of the fodividuals, to form taeic 80 called constitution wad S:ate coveraawnt, wos ertain exclusively to Congress. imdewd, tavy | believing it had that pi it appeared it exceeded it. tution and e State, and ap; gress refused to admit her, on sus should be taken by the U: Congress bad not rmined whether should be formed into one or two suthorized jto do, under the cessio: quietly to her territorial condition. to take @ census by the United 8! that the territory should form one State. ducted, and th form, The i the case of California are imm: afford e much stronger reason for p course But, it may be eaid, California mit, That is not ; but, if she when sbe refures,it will then be the time oi ia to be done. Having pow chown what cannot save Hy E i i i é £ EF #7 d i i il il i 7 for se with any certainty, be saved, by a full and foal set ent, on the principles of jus- tice, of all the questions at iseue between the two eec- tions. The South aske for justice, simple justice, and lese she ought not to take She bas nc compromise to offer but the constitution. aud no concestions or sur~ render to make. Sbe has already surrendered so mach, that che bas little left to surrender Such a exttlemes: would go to the root of the evil, remove all cause 0” Giscontent, aud satisfy the South that she could remain honestly aud safely im the Union, and thereby restorr the harmony and fraternal feelings between the section , whieh existed anterior to the Vissourt agitation, No thing elee can, with any certainty. finally end for ever settle the question at issue, terminate agitation,sad save the Union But can this bedone? Yes, easily; net by the weaker party, for it can of itself do nothing- Bot even protest itself—but by the strong The North has only w will it, to do justy perform her duty, ta order to accomplish it~ to do justice by couceding to the South ap equal right in the acquired territory; aad to do her duty by causing the stipaiations relative to fugitive rlaves to be faithfully fulfilied — to cease th quertion, and provid in the constitution. by restore in substance the power se poserssed protecting herself before the equiliorium between the rections destroyed by the action of this govern will be no dittieulty in devi at the sam treugthen the go- vernment, iastead of impairing or weakoming it. Bat will the North agree to do this! [tia for her to answer this question, But | will ay. she cannot rr fuse if #he bas bail the iove of the Union which she proteases to have, oF without justly exvosing herself te Ube charge that her love of power aud aggraudizement \* far giewter than her love of the Unio. At all events the respousibility of eaving the Union i¢ on the \dentical in many respects with the provisions at», by Congress, when it gives permission to a teerir form a constitution and goverument, in order to be ad mitted as @ Stace into the Univa Having pow stown that the assanptiog upon which the Executive aud the individuats in Catifornia acted througout this whole affair. is informal, uoooustitu tional. and dangerous, it remains to made 4 few re marks, in order to show that what bas deea done ts | contrary to the entire practice of goveruuen®, frou its commencement to the present time From ite commencement wot the time that Ban Was admitted. practice was uciform rial goveromen orgeuited by The governm governors. judg 1 cers. and the inhabitants of the territory were repre. sented by legislative bodies, whose gots Were subjeot vo the revision of Congress state of things eratinusd i the government of a territory applied to Cu grees to permit its inhaditants to for a constituti and govern! Pp ory to admission into the Unlow. The preiimioery act to giving permission was to ascertain whether the iubaditaute were suiicionuly | numerous te authorize them to be,formed into a Stau ‘This was done by taking & ceusus hat being aone, | and the nvwber proving sufficient. permission was | granted. The act granting it, fixed all the prelimina- | ries- the time and place of holding the coaventio the qualification of the voters; estabiishing ite bound- | aries and ali other measures urcessary to be settled previous to admission. The wet giving perm wecesearily withdraws the sovereignty of the United States, and leaves the inhaditants of the incipient State as free to form their eonsiitution and govern Ment as were the origimal States of the | otou alter they bad declared their independence. At this stage. the iubabitants of the territory became for the fret in legal and constitutional languaze they were, by the old.acts of Congress 4 not propie. All this is por: feetly con: sovereignty of the | States, with the powers of Congress, and with the right people to seif-goveroment, the firstcase in which there was usage ‘The ht departure from establishe of 87 reoured to he right of becomiog & Stale, when she should bave 60,000 iohabitants, Owing to some neglect, Congress delayed taking the census In the meantime, ber population lasteased until it clearly exceeded more thau thes the namber, which entitied ber to At this stage, Tmed 6 CONFtTUtion ANd government withort Loe census being a by the United Atates aad) ongress reerived the admisn ing through ihe for mality of taking it was uo donbt she baa more than & suflicient number to entitie ber Co admiseion She was not aamicted at the first seesiom she apoliel gto rome Cre peoting the boundary be tween ber and Ohio. The great irréguiacity, a» to her admission, took piace at the next session, but one potut which can bave no poesible conucction with the case of Caiiforpia ‘The irregularity in ell other caves that Dave sluce ccourred, ete of a sioular character. [uy ail, there ex- feted territorial governments. established by ( ongress, with officers appotuted by the Umited State: Ja all, the territorial government took the lead iu ealling con- venticns, and fixing preliminaries, preparatory to the formation of # coastitution aod admission jato the Union, They all socagatged the sovereignty of the nited Stater, aod the authority of Congress over ths terri- d whenever there was any departure from urege, it was done on the prew consent 4 not im defiance of ity authority, or the States over the territori ane ge NOW, Senators, for yoo to decide what part you will ae ference to thie unp sotion, The Fxecu! has taid the t is, will you or will you It is @ grave question, and te upom you * heavy responsiblity. Much, very much will depend upon your decison. If you admit her, you endorse and give your sanction to ali that bas been dope, Are you prepared te doso! Are you pared torurrender your poser of lrgisietion fur the ter- riteries— a power expressly verted In Comgress by the constitution as has been fully established’ consistent with your oath to support the constitution, surrender it! Are you prepared to edait that the imbabitante of the territories possess the sovereiguty ry eee aod that any Bauder, more or lens, m claim an: extent of territory they please; may form without arking Jour permission’ you prepared to surrender the sovercignty of the United whatever territory may be hereafter first adventurers who may rush inte it! Yr prepated to surrender virtually t) the Executive de- partment ell the powers wi ou have heretofore sed over the territories! | and goverpment’ ject of @ eonetitution the least velidity? Can you believe, that there is tvoh & State in reality, as the State of California! No, there is mo such State. it hae mo legal or constitutional existence. [t has no vailldity, and can bave pone, without your sasction, How, then, can you admit it as « State, when, accord! to the pro- Visions of the constitution. your power is limited (0 ed- mitting new States? That is, they mast be States, existing Stater | odent of your sanction, before you can admit them When you give your permission to the to of a territory vo form « constitution and @ State, the ‘and State they form @ertve thetr suthority from the people, and sot from you The State, before sdmitted is actually « dows mot become eo by the act of adm ari be the case @1th Callfornia should you samit her, contrary to constitutional provisions and extab- shed usage beretotore. The Senators on the other side of the eha: mast me to make a few remarks im thie connection, arly applicabie to them With the exception few Senators from the South, sitting on that side of obamber, Ren the Oregon qarstion was before this bedy, not two years times, you took, if | mistake not universally the ground thet “ongress bad the sole and abeolute power of legisiating for the territories, How, then, chm you now efter ti siapeed, abandon the ground which you then took. thereby virtosily admit that the power of legisiatt«g, inetend of being im Congress, ie in the fobaritents of the territories? How can you Justify and sanction by Jour votws the acte of the bh. xecutive, which arein direct erogation to wbat you then comtended for! Sut. to approsch Fill nearer to the present time, Jou. atter condemning little more than s year since the grom takes he party which yoo arfeated at Inet ich the Executive hee seted tf fe ‘W bat are we to understand by all S' conclude that t territories: wired from Mextoo on = ents racter In your estimation ronstiiution and consistency m on they stand im the way of our exclusion ’ it may be asked, what isto be done with Califor. nis. should she not be admitted’ ber beck to the territorial tom. as wae donein the oarr of Tennesses. in th ment. Congress, ip her rie! Cage ye a . Judges, ona Bteter, She wae enitied, coder th Can you, | short interval which bas | a North and got the South. The South eapnot save it | by any hers, aud the North may save it without | whatever, unless to do justies and to per. | forms Ler duties onder the constitution be regarded by ' ber ar & sacrifve its tome. Seaators, thut Chere should be am opea and | manly ayowsl on all sides ws to what is intended to | be done he question is not now settled. it is upeeriaiy wh vt ever oan hereafter be, aud we be the reprereulacives of the States of this Upton. re wal ded oF gover shoaid come ¢ distinct uw order & - budiog as ‘ he ceapeotive view tne ther ander all the ditheab jon you compel us to Lefer wile ws fron the whale of the with the inteation of destroying Tidus bel worm he two section: ceive, im th d agcrendiseme Teat question ier that opp thet you intend to ex wequired certiter rievanly the way ul de bi your real ie fatwa ac ordinal y thi *, donemy duty, in « my opinions tully, freely and candid'y oo this se coeesion. In debug motives which have se the agitation of the menoement, and intention of paving the if it cannot, to rave ence to cast my lot, and w at; Biow, saithtully done my duty t i othe Uvton and my eertion. throwghour the & his agitation, | rmall have the © will come, that { au free from al! reepou Moissiserer: ano tha Wee o? o + ihe letter addressed to Goveruer u Lissippt. upon the p lity of he p Wilmot proviso by \ ongress Hie Excmiteser Joun A We Ue Semators 8 from Vissieripps wiee you. and throw tbat we bay 2 aoate ep bat (altforate wt be admitted « mu during the reseion ot | Prevdeat earmertty ended it siaken in #appoene that a maj A Congress wil found to vot vadergene ne theabie, by the pee as shail clearly indie ppt Will deem it her daty to Wwetgency course # by eve im this ni Very respeotfully your ob't rérvants Hi. & FOOTE J. THOMPSON (Signed) W. 8. FEATHERSTON, WM, MeWILLir, AG bhows fereon county, ti 15 officers Broekiyn City tneett City Covnt= Betore Jodge Ureenwood diMevlty in comrequence « men who bed been astlgued as Associate Judges court was orgapiaed yesterday morning and et) varnst te 100 clock to-day when the crim cases ot whied there area great number, will be erratyaed for trie. Tue Boston or Scr of Kings evanty, will oD Weduesday a! micts Banwen. the telebrated Seedieh writer, bas returned to Browkiyu from Berton She te tends to remain for ene of two weeks, when fhe will proceed to the Sout Crvy Mowracery adul Brooklyn grounds, from New York Cow Coum ~ The fotiewteg impor tion thie bedy lant wight: - w this common ‘ ounell ber beem ad rivet. io Acommuntcation from the Mayor. that hie ete llener the severnor bas lately commvet-sted to th s8 ture of this State « docn meut from the Seeretary {Loe United States Navy. asking th Legisiature to ore § the | nited States the juriedietios over certale . lying to Wallabewst Gay. im the Sereeth wart of to* elty, an@. whereas, iw the opinion eof the oamon Compet!. sa0b cession of ) oti n te not woves ary to the detenee of ity. Tt acd tarhe of New York and is at variance the rigate and would meet materially injare the inver ( tae city of Brookiyn, let. By interferring with the large of the eeatern Md ity 44 By cutting off the entire Serene ward from alt direct commontestion with the Wallebout chang thus destroying al! the commercial advantages, and comverting It Inte an iniasd pond 84. By destroying it manietpa: regulations. in pre. venting ali the etrests intd down is the map of the com intesiopers nted to ! drainage of « reercos, «hich im proper time were to be auade to | “"Freretore Resolved, That the Common Counell #o Wellabout Say, avd north of Flashing aveuae, aod bg AF the sense of the injustice of the tmade without equiva. lent. and the more especie iy because no tnformetiva of a intention to make saoh demae! has been officially tm bie may be ovoersary to of the tp the matrer Adopted enenimouriy Supreme Cour'—( ireatt Court, ” Before Judge} Iwards on 4 — This ne the nest day of term. No cause jy for telol, uke Court sdjourned.