Newspapers / Raleigh Times [1847-1852] (Raleigh, … / Nov. 29, 1850, edition 1 / Page 2
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1 TWpiipfic works now in pngrcss in North !fiiwt-!(liSlii the I'rnifn of an awakened sen- slhihHy, s,nd point with ntietring cort.i i nty ;i mi liir.e I lb li jrscution anil Wmihletion of others nt I . Jpi cmft.nemvd.' T " " " " ' - I Th tlwi"M of the N.irth Carolina Rail Road i EaaUnd W., connecting on on.! hand, with the I fvnut-we nf the AtlunticOcean, iindon the otli-1 f, with that greit I'urrem and stream of inter- j fwii riMiiicaiiwi in mgii uorrree running trie ng- it aim arteries 01 me x irinnal union, must occupy ii proiiiineiit position in any selicme prom ising to eiiohliv and improve the State. 'Hlier works, more sectional in their character will readily present themselves In the favorable consideration of those more immediately interested in them. 'I'o what extent it will he prudent at this lime to embark in new works of internal im provement, until ample means shall have been provided for the faithful and energetic completion of those already authorized and undertaken, it is not for me to say. RALEIGH AND-. GASTON RAIL ROAD. I ho Raleigh and Gaston Rail Road being now the property of the Stale, will claim that attention, whieh is- Hue to it, as well from the consideration of its convenience and value to a large portion of the State as on account of the deep pecuniary in terest whfch is attached to it as the Stated prop e'tv. The superstructure nf the road, hnth of iron tmd - wood, is in a Very dilapidated condition, and exten sive repairs are absolutely indispensable to its further use. The commissioners to whose care the Legislature committed it, hare, with watchful diligence and with the efficient aid of the President Mid the officers of the Road, kept il up ; and by curtailing expenses, reducing salaries and euforc inr tli strictest economy in all its departments have been able to continue its operations without . making it a charge upon the State. Its receipts lor the year 1 849, have been equal to about $62 150, and for the year 1850, $68,055, the whole of which has been consumed in the ordinary current expenses, and in the turchase of new Irou and 1 repairs. To enable you to understand the true state and' situation of this property and to legislate intelli- ' gibly upon the subject; the Hoard of Commission-, era employed Maj, S. M, Fox. an Kngineer of skill I experience, to examine the 'whole line of the ro-id, its appurtenances, the grading, the super structure, the Bridges, Depots, Engines, &c. &.C., and to make a roiwirt thereon. This will present a more reliable and satisfactory account of it than could he given by the Hoard of Commissioners, or the officers of the Board, or hy any committee nf the General Assembly. This report will he laid he fore yon in a short time, together with a report ofc the President of the Road, and the proceedings of the Boardof Commissioners for the two years last . past. ," ". STATE'S CLAIM OX UNITED STATES. In accordance with a resolution adopted by the last General Assembly, relating to the Slate's claim against tiie General Government, for money . advanced, and transportation furnished to the N. . Carolina volunteers in the recent war with Mexico, atan early duy afterthe adjournment nf the As. senihlv, I procured from the Comptroller's Office the vouchers and papers pcrtainingto the claim, and caused them to be presented to the WarDe- partmeHtat Washington, tor the payment nf the principal and interest, according to the provisions ot the Act ol Congress lipon tlial subiett. ibis claim of the State amounts, in principal money, to 553,407 73. In the month nf April ensuing, I was notified hy the second auditor, that the sum of 85 25 had been allowed and would be paid upon ptoper an 'plication, while the residue of the claim had been reject-it. Whereupon, I addressed a letter to the Secretary of War,dosiring to know the grounds of tins decision and to learn whether it were in my power lo remove the objections. His reply ter minated our correspondence upon the .subject, and at an early day after the commencement of the late session of Congress, I addressed a circular letter to each of our Senators and Representatives, calling their attention In the matter, and inviting their co-operation in having payment oftlie claim provided for hy an act of Congress. A bill was accordingly introduced in the Senate by Hon. Mr. liiilger; it was passed hy that body and sent to the House of Representatives, where it remained, without any Una I action had upon it, until the ter mination ol the session. During the pendency oftlie bill before the House nf Representative, I Was again notified hy the 2nd auditor, th it the additional auinof $100 had been allowed at his office. No steps have been taken to place these pi Itry sums in the Treasury, No valid reasons can lie shown why this claim of North Carolina slum Id be rejected, while similar claims from other States have been freely allowed WESTERN TURNPIKE AND CHEROKEE LANDS. An act was passed at your last session, "to pro ViJ for Turnpike Road from Salisbury, West, to lb Km of the State of Georgia." By this act, it was mad the doty of the Governor to apppoint a competent and experienced Kngineer and three j Commits innm to survey and locate a id Road ;" and upon the the report oftlie Engineer and com-nil-snuff rt being presented to the Governor, it was ida "hia dirty further tu appoint one of said Commissioner, at other suitable persons, to act as Ajent of tlie State to contract for, and superintend The making of said Road." Tim demand, in the neighboring States, for men -of s.'.ience and practical skill in civil cgineering, lor their various public works of Internal imnrore m nt, was u 'I , that I met with some difficulty and delay in procuring the services of a suitable Engin eer for tne work in question. Major S. Mo'lan Fox at length presented himself, and being satisfied -entirely of hi skill and fitness, I appointed him - Engineer, and Messrs. Andrew H. Shuford, of Catawba ; Joseph J. Erwin, of Rutherford j and fieorge W. Hiyes.ol Cherokee county, Cnuimis sinners under the act. Subsequently Joseph J. Erwin resigned, and I appointed K. 1). Austin of Rowan to supply the vacancy. The extent nf the TecnnuoisaiiC 'S arid the number of experimental lines necessity to be run to determine the most uligilila route fir a Road traversing a succession nf mountains, which had unavuidaldy to be crossed, required greater labor tfid consumed more time, . than was anticipated. Since the completion nf the tiirvey.the Engineer and his assistants have been engaged in making such a map, profile and descrip tion of the Road, us would lie indispensable to the State's A, 'out chirged with letting out and sspetin tending its construction. This h is delayed the report of the Engineer and Commissioners, jnd no agent to contract for and upermtend the work has been a anointed. In a few days I shall in ike run a aaecial commu nication, transmitting a topographical rhart of the Turupik", together with a copy or the report of these functionaries, showing the en if their work mid the 'expense oftlie party in detail mid sug gesting anise albt.itioiu in the law which are be lieved to lie needful. At presmt.J cat! theaHemimnftheli-gi.-laliire toau important inquiry connected with tin's subject. : Amonsr the funds appropriated and pledged for the - making tl is Road are all ihe debts now dae the Utile lor the s iles of the Cherokee lands. It will bt remeisliered that at tiie lime when . -thosesal is were made, a spirit of adventure and speculation, which pervaded the United States, h rtl bcerr-ajv ikened with many in the purchase of ' thesnlandsjwhilenihpra. stimulated with the desire to ret lin their humble dwellings an I improvements, rmterej iln into the cmnpetion of bidders, and ihal fip land sold, in some i ml inces. fir tenfold in jifl,f.ir,iric,f.ir b-yond iis v.lue. While the fliulie iluju in irt ttte St .te had been granted, under the entry laws, tufice cents per acre to others.'ihese have been soMai from iiref In thirty dollars per nere. Impressed willi a knowledge -ot these facts, the Legislature, has from time to liiiie granted ir.dnt gmtt in the collection of these dews. In the year 1844, ail act was passed establishing a Board of Auditors to inquire mid make report as to solvent and insolvent purchaser, and allowing those who were tounil unable to p ay, to surrender their lands to the States dirertinff their bonds to be cancelled and deliver 'd uplmvt the sureties in said bonds might bi-f'iHid. Hy virtue of this act, a large amount m these bonds were returned to the pur chasers, ami they were released trom their con tracts. In the year 1816, another act 'was passed for the relk-f of the same kind of debtors, by which they were allowed the right preemption ot said lands at ihe fair cash valuation, assessed by the said Board of Auditors. Why this discrimination lietweeu purchasers? If the principle debtors, who were unable to pay the price originally agreed upon, were released, together with their sureties, and were allowed to repurchase (lie same land at the new assessment, why should those who are solvent be held to a hard bargain and be compelled to pay more confessedly than the hind is worth; be forced to pay the whole of the purchase money, and in many cases be rendered bankrupt by the operation ? In my judgment it is the Irne policy of the State not to oppress any of her citizens, nor coerce them to the fulfillment of. an il! judged or ruinous spec ulation. Establish them a new board of audit ors, who shall assess the fair cash valuation of the residue of (he lands, and allow all purcha sers to retain them at Ihe valuation and be relieved from the excess. By ihis cniiise you will secure the speedy set tlement of this protracted indebtedness, and long vexed subject ; grant fair and honest relief to an oppressed and patriotic, perple, and attach good citizens t the State ; while by the contrary exact int.' process, you ruin many and compel others, in order to save something from the general wreck, to abandon their homes, to quit the Slate, and leave nothing at last for the satisfaction of thei r indebted ness, but the intrinsic. Value oftlie land itself. I commend this subject ib the generous and equitable consideration of the Legislature. In the original sales, all of the Cherokee lands not estimated to be worth twenty cents per acre, were not surveyed and offered for sale; and ihere remains in addition, according lo the reports oftlie State's agents s large quantity of these lands, the property of the Stale, not subject to the entry laws, and lor the disposal of which no provision his been made. All of these lands having, by the act ol the last session, been appropriated to the construction of this Turnpike road, provision should be made . at once for the bringing of the whole of them, survey ed and unsurveyed, into market, that their; value may be realized and made available for the purpos es declared by the act. FAYETTEY1LLE AND WESTERN PLANK ROAD. By an act of the last session of the General As. sembly, chapter 89, entitled an act to incorporate the Fayetievilleand Western Plank Road Compa ny, the Public Treasurerwas required to subscribe, in the name and on behalf of the Slate, for three tilths of the capital stock of said company, 'amount ing lo the sum of $120,000 ; and lo enable the Stale to pay her said subscription, the Treasurer was required from time to limeas the money should be called for, to issue Bonds, under Ihe great seal of the State, signed by the Governor and countersign ed by the Treasurer, and to convert them ito cash. In obedience to the requirements of this statute, Bonds to theamotintof 50,000, to the 1st Novem ber instant, have been issued and the proceeds ap. plied as directed leaving'an amount of $70,000 to be thereafter issued, in the manner and on (lie terms stipulated therein. This subject will be again re fered to in the Report of the Board of Internal Improvement, which will be presented at an early day. CAPE FEAR AND DEEP RIVER NAVIGA TION COMPANY. In obedience to another act of the last session, ClTapter 92, requiring the Governor of the State, upon certain terms, conditions and limitations there in expressed, to subscribe, in the name and on lie half of the State, 80,000 of the stock of the Cape Fear and Deep River Navigation Company, I have made a subscription on the Books ol said Company, for the first instalment of $40,000, and the Public Treasurer has passed over lo the Company the sum of $20,000, as provided for by the Act. These Companies are progressing in their enter prises with great vigor and success, and Ihe residue of the State's subscription may be expected to be called for in a short time. CLUBFOOT & HARLOW CREEK CANAL. In obedience to the Resolution of the last Session requesting the Governor to cause a conveyance to be made bv the Clerk and Master in F.noilu for Wake county to the President and Directors of tlie Board of Internal Improvement, (or the use of the Stale, of all the property in and appendant to the Clubfoot and Harlow Creek Canal, which was pur chased in ty the Public t reasurer at a sale made by virtue of a decree oftlie Court of Equity of said county, the said deed of Conveyance has been duly executed and filed among the valuable papers of sa id Hoard. NAG'S HEAD. The Construction of a Ship Channel at or near Nag's Head, between Albemarle Sound and the wean, is of vast importance to the agricultural inter ests ot a largeseclion of North Carolina, and im- portantalsoto general Commerce. It is a work justly a ppertaininp tonnd eminently deserving the attention ot the General Government, and should be pressed upon the attention of Con gress with a pertinacity and zeal that should com mand success. Surely it cannot be that the General Govern ment will pass over unheeded forever the urgent de mand of a State, not asking charily or private bounty, but the execution ol a work so essential lo the general welfare of the Country. REVISED STATUTES. reenmmmend a new Revisul of the Statute Laws of the State. The lust edition has been appropriated, and no new copies of the work can be obtained. The Public Officers and Magistrates of (lie new counties csniiut be supplied. It has now been 14 years since the laws were revised manv changes have been made and new laws passed within ihat period. The Statute Laws oftlie State should he revised by a body of competent Commissioners, '.heir defects pointed out, amendments suggested, the new acts collated and arranged under their appro priat heads, and the work nlaced in such in- tulliuible and convenient form, that the laws can he tedily referred to and understood by the Peo ple. GEOLOGICAL AND MIXKRALOGICALSUR- , VEY I hope t shall be pardoned fur prefsing upon the attention oftlie Legislature the oft reiterated re commendation f making provision for a geological and mineral'igieal survey of the State. Thecatise nf agriculture, of science ami the arts demands that this shall be no hmirer postponed. The sagac ity of rmr statesmen thirty years go foresaw its advantages, ami North Carolina Was llie very lint Stale in tli Onion that took Bp this subject a smalt appropriation was wade, and the lVofesstrta of our University, at different grinds, are tlw ily persons who luvo entered this interesting With the limited means at their command )" ! rintr tne slum intrvst iffH'ii...... ..h i mlv lias tveen dorw lo in 'icale the vaV and -xtel t ol what has been It tt undone. '- HISTORICAL DOCUMENTS. A Resolution was passed at the list session au thorizing the Governor to procure from the public offices in London, such Documents relating to the Colonial and Revolutionary htory of North Carolina, as might be fuund worthy of preservation. To accomplish this in the most satisfactory man ner, I tendered to (hePresident of our University, linn. I). ,. Swain, the appointment and agency contemplated in tjie Resolution. He manifested an anxious desire to carry out the object pro posed, if it could be done by any reasonable devotion of time rihL attention not incompatible with his paramount engagements. He deemed it necessary, however, before going abroad, to ascer tain wliSt portion of the documentary information desired, milit be obtained at home. Considera ble.atnl not unsuccessful, attention has been devo ted to domestic research, aud the materials thus obtained will he preserved for the use of our future historian. The agent informs me that lie has acquired such knowledge of the sources which exist in our own country as will enable him to examine with proper intelligence the archives of tne atotlier Country ; and that he will very cheer fully enter upon the duty at an early day," if such sliall be the pleasure oftlie General Assembly. WASHINGTON MONUMENT. In the summer of 1849, while the various Sta les of our Union were contributing blocks of marble and granite lo represent them in the noble National Monument now beingerecied in memory of Wash ington by the people of the United States, it .oc curred to me that j would be rendering an jiccept able service lo the People of rlie State, and be acting in anticipation of your wishes, to take proper steals to have the State-of North Carolina also represented in this filial token of respect to "the Father of his Country.";-' Il was my design to procure a block of native white marble, and cause il in be embellished with ihe name of the Slate and her Coat of Ams. and send it on to Washington City, to take its appro priate place in -the inside stairway oftlie Obelisk. Upon- making my wishes known, a patriotic association of gentlemen in Lincoln County claim ed lo enjoy the pleasure and privilege of furnish ing a block from the Lincoln quarry, and their fler w'ss accepted. In consequence of mine failures in quarrying out a block of suitable -dimensions, and much delay in procuring the means of transportation to tins, place, after it was ready it did not reach. In re until a short time past. The meeting oftlie Legislature being then neural hand, 1 deemed it more decorous to await your pleasure and action in the premises.- No uppropialion having leul made for expen ditures on such account, a portion of the expense necessarily incurred has been paid by nie, audi am personally responsible fur the residue. The vouchers are ready for your inspection. The block is now at the Railroad Depot, and it will afford me pleasure to receive your directions to have it forwarded to its place of destination. . 'ossessiiig no power under our Constitution In originate or participate in the framing of our laws, I nevertheless duly appreciate 'the responsi bility and anxiety of your position and will with great cheerfulness and tothe ulmost of my ability co-operate with the GeneralAs-einbly in promoting the best interests, the happiness and the honor of the State, and in upholding the integrity and na tionality olthe glorious Union. CHARLES MANLY. Exnct'TtvE Department of N. C, ) Raleigh, Nov. 18, 185ft. f SPEECH OF HENRY wJmILLER, Esq. Delivered at Oxford, Nov. 5th, 1850, in reply to Hon. A. W. Venable. Fellow Citizens : I pfl'er as an apology for asking your attention in reply to the gentleman who has addressed yon, the call which yon have just made upon tne. I disavow all desire lo inter fere with the relations w hich exist between him and his constituents, and trust I aiiiinot violating any rules of propriety, in answering, at your re quest, as far a8tny humble ability will permit, ar guments which I regard as fallacious, and dec trinesthat appear to me dangerous to the peace and Union of these States. I do not appear be fore you to gratify any spirit of party. I shall not address you in any such spirit, except so far as it may be necessary to defend some of the patriotic men who belong to the Whig party from what I conceive to be the unjust assaults which have been made upon them. The subject to which I shall ask your attention, more particularly, is above party ties, and should be disconnected from party influences. It is a subject in which the whole country has a deep, a vital interest. I refer to the Acts of Compromise and adjustment passed at the last session of Con gress. Some of these acts the gentleman opposed, and he now seeks, not only to justify his own coutsei but assails those who differed from him, and thought il their duty to sut tin those measures. If the reason given for A is course be valid, then lias the South been greatly wronged, by the passage of thai Compromise, and those who supported it, are no longer entitled to her confidence. On the con trary, if those measures are just and proper, and upon being faithfully carried out, will secure the rights of all sections and restore peace, to the Country, then his course was unwise, and his ef forts now, to excite hostility to thtis who sustain ed them, deserve, and should receive, the rebuke of all who love the Union ; wlio reverence the laws, and who regard the further agitation of the slavery question dangerous In our peace and prosperity. I maintain that the Acts of Compromise secured the honor of the South, .encroached upon the rights of no section were wise and conciliatory in their character, and should be sustained by all men of all parlies, in every section oftlie Union, that if so sustained, our National peace, prosperity and Union will be secured, but if violated, resisted, nullified or repealed, neither nf those great inter ests and blessings will be advanced, but all of them hazarded, jeopardized, perhaps lost. These positions I shall endeavor to established in so do ing I ask the attention of all present, however widely lliey may differ from me on matters of mere paly politics. ; ; - . , ' . j The Acts of Compromise wore, I. 'Hie ad mission of California as a State. 2. The estab lishment of a Territorial Government fbrUtah. S. The Texan ft)ndary and New Mexican Territori al Bill. 4. The Act abolishing the slave trade in the District of Columbia. 6. The fugitive slave law ; against all which the gentleman voted ex cept the last iiamul, and the Utah Act. On the final passage of the Utter he did not vole at all. understand him tri contend that the admission of California was unconstitutional unjust to the South and a virtual enactment of the Wilmot Pro yiso, in as mtrch as the Constitution presented by iIhuI people contained a clause prohibiting slavery, and I understand him further' to contend, that Congress slrotild have a'dojited the Missoari Com promise line in reference In that Territory. NW tollable us. Fvllow Citizens, to ander. st,.nJ fiSssubjeit fully, it is necessary to refer to tiie Federal Cnxstitntltn itself, aud to portions of the past political history of the country on the subject of slavery. The 3d Section oftlie 4th Art. of the Constitution says ".Yin? i:ates may be admitted Inj t.'ungres into thit Union." The 4th Section nfthe same Artjcle declares that "the United Slates shall guarantee In every State in this Union, a republican farm nf (imeniment." . l It will be remembered that the pnwer of Con gress over the provisronsof the Constitution, pre sented by a people asking admission into the Union was discussed Willi great ability aud much bitter ness during the Missouri Controversy. That State was formed out of territory acquired from France under the treaty of 1803. In July 1820, she presented herself .for admission into the Union, with a Constitution which was silent on the sub ject of slavery. Those who were hostile to that institution sought to incorporate a provision in her Constitution prohibiting it. It was contended by those who opposed this restriction, that Congress had no such power, that it would be a violation ot the Federal Constitution, that all Congress could do was to take care thai the Slate Constitution was "republican in its form'' and that the people who asked to come in as a State, and thealone, could adopt such a provision-. The progress and result of this controversy ate well known. It agi tated the whole nation. It shook the Union to its centre. A Compromise was at last agreed upon, and resulted in the admission nf Missouri without such restiiction, but prohibiting slavery in all the territory out of which that State had been formed, Xorlh of 36 deg. 30 min., and leaving it to the people South of that line, to establish slavery or not as they might wish. This Compromise settled tiie question of slavery as to all Territory east of the Rocky Mountains,-'. Our title to Oregon, lying west of those mountains was at last perfected, un der the administration of Mr.. Polk, aud on the ap plication of her peopte for a territorial covernment, the qucrtion of '.he power of Congress over the subject of slavery, was again raised. This contra-, versy was finally ended, as far as Oregon Was concerned, by the passage of a bill establishing a territorial government for that Country with the . ordinance of 1787 prohibiting slavery incorporated in it. Mr. Polk approved this bill, and based that approval expressly upon the grounds, that Oregon was situated North of the Missouri line, and that he desired to adhere to the spirit of Ihal compro mise. ; ';' . : ' . . . -. . The passage of this Rill would have settled the question ol slavery, as to every foot of Territory belonging to the United Stales, had it not been for the Iruits of the Mexican War resulting as it did, in the acquisition of vast territory, lying on both sides of the line of 36 deg. 30 inin. north latitude. It was during the progress of that War, and when the acquisition of such territory was anticipated, that the Wilmot Proviso was in troduced which is destined to secure an execrable immortality to its projector, as a 'ekilll'u! architect of evil.' Well, California and New Mexico had been ac quired, "by the common blood and treasurs of the whole Union." They needed governments. Congress was bound, by treaty stipulations, and in justice, to give them efficient chil governments. This duty was delayed from time to time, owing to the conflict between the North and the South, the former seeking to extend the Wilmct Proviso over those territories, the latter resisting it as unconsti tutional. In the mean while the immense and as tonishing richesof California were being developed. The accounts which reached us of Ihe extraordi nary discoveries of gold in that region, were more like the creation of fable than reality, A stream of population began to flow in the direction of the land of promise. .-'Wave succeeded wave. Nor were they ignorant and worthless, but bold, intel ligent and adventurous men of all classes and av. ocalions, who knew the value of well regulated government, and would not long stand the depri vation of it. Congress neglected them. Whilst that body debated and wrangled about abstractions, a mighty nation was springing up in that distant region. They were threatened with anarchy. They resolved upon forming a Constitution and presenting themselves for admission as a State into this Union. Durinir the Fall ofl849.aCon- vention of Delegates assembled, and framed a Stale Constitution, in which there was a clause prohibiting slavery. It is estimated that in Jan. uary last, there was in California, a population of 107,000 souls. The Constitution was submitted to the People and ratified by a vole of 12,062 lo 811, besides about 1200 blank votes, making in all upwards of 14,000. President Taylor transmitted this Constitution to Congress with a recommendation that Califor nia be admitted as a State. She was finally ad milted by a large majority in the Senate and 150 to 57 in the House. This was one of the meas ures of Compromise. The gentleman voted against it. He says it was unconstitutional, f n what particular ? Not because there had been no territorial government before the formation of the State Constitution, for there is no aiticle in the Federal Constitution which either directly or by implication, requires this. Il may be an argu ment against the regularity of lire admission but none against its Constitutionality. Rut he snys, she did not obtain the consent of Congress to frame a Constitution. So did not Arkansas, and several other States, whose admission was not re garded either as a violation of the Federal Consti tutionorin derogation of the rights of their sisters. Would he have remanded them to a territorial state on accowit of such supposed irregularity f Be sides, owing to the remoteness of California from the seat of the Federal Government the nature of her jiopulation--her exposure to foreign influ ence slid violence by tiie influx ol foreign emigrants the length of time ahe had been kept wiihont a regular civil government Jier case was one of extreme hardship and emergency, and appealed to Congress for prompt and favorable artidn. lie vano'inm gave mil aooot 1 4.UUU Votes III passing upon her Constitution, Has ho forgotten that Michigan, Indiana, Arkansas Wisconsin, and several rther States gave a mndi surlier vote- in some instances not mite than one fourth as many Would he have excluded these Stales for such treason, otwourd.he have remanded them to their state of pupilage lliat lliey might come in with ii fairer slwwing 1 The truth is, it only re quired tire time it look the gentleman and those who acted with him to give birth to tl.eir lengthy speethes against California to epriile her to re move such an objection as this. Every day car ried hundreds to her shoreand the routes through the western wilds were alive with thousands of families wending their way to this land of golden hopes. Wh it her population now is it is difficult to tell, but cannot be far short of 150,000. It seems, however, that the strongest objection to her admission was the provision in her Constitu tion prohibiting slavery. Now, I insist that the people of that Country had not only the right to forma Constitution and ask admission into the Uuiyji. but also to frame just such a Constitution as lliey wished, and the i nly inquiry for Congress, "Is it republican in its form!" They had a right tri incorporate in it a clause prohibiting or estab lishing slavery as to the. n seemed best. Congress had no more right to force this institution upon linr against her will t'.an it h id to deprive her of it if she dtsired to establish it. This is the true doc trine. This is the Republican doctrine this is the doctrine contended' for by those who opposed the Missouri restriction this is the only safe doc trine for the .South. It is what Southern states men have ever contended for, and sureiy the gen tleman has not so soon forgotten the Resolutions of his favorite, Mr.- Calhoun, introduced in the Senate oftlie United States in 1847 ! He advo cated these Resolutions with that ability' which characterized all its efforts. '...One of the.n is in the following language : "That it is a fundamental principle in our polit ical creed that a people, in forming a constitution, have the unconditional right to form and adopt the government which they may think best calculated to secure their liberty, prosperity, and happiness; and that, in conformity thereto, no other condition is imposed by llie Federal Constitution on a State, in order to be admitted into Union, except that Its constitution shall be republican : and that the im position nf any other by Congress would not only be in violation of the constitution, but in direct conflict with the principle on which our political system rests." Now can anjsjrmn mistake the meaning of this? Is it not too plain to admit pt doubt or cavil ? Were not the inhabitants ofCali!'ornia"A people" in the sense of this resolution 1 1 1 so, then did they not have the right to form and adopt the gov ernment which they considered best calculated 'to secure their liberty, prosperity and happiness?' But this is not all. It is asserted as a part of this 'creed' that when this 'people., have thus formed a government or Constitution, and ask for admission into the Union "no other condition is imjmsed by the Federal Constitution except that their Constitu tion be republican.'1 The same doctrine was ad vanced in the Southern Address of 1849, in the putting forth ot which document, the gentleman himself bore a most conspicuous part. Has he so soon forgotten these things ? Have the responses of his great oracle passed so speedily from his mem ory ? Melancholy indeeJ is the reflection that old friendships and associations should so seldom visit our minds, and when they come be permitted to fade so quickly away ! Let us test this matter a little further. Suppose the Constitution of California had been sileh: on the subject of slavery or had contained a clause recognizing and establishing it would th gentle man and his friends have opposed its admission 1 Would they have not been quick to revive the doe trine of the South in the Missouri Controversy to give full vigor and efficacy "ample verge and space enough" to the 'creed' of 'Mr. Calhoun as set forth in his Resolutions and Speech of 1847 ? He well knows that if California had preserted a Constitution either silent as to slavery or establish ing it, and the North had attempted the game they did in reference to Missouri, we should have heard nothing from him about extensive boundaries, sparse population, irregularityjof proceedings, and that exploded humbug, xecuii e dictation .' r No, all would have been as regular as clock work inhabitants would have been manufactured faster than men and sprung up from the teeth of Cadmus, and the Resolutions of '98 and 99, Magna Charta and though last, not least, the Southern address, would all have been appealed to in defence of the right of a people to self government ! All such difficulties as now appear, would have then been as empty bubbles, on the vast sea of reason, which he would have brought to bear in favor of the immediate and unconditional admission of glorious California as a Slate ! He says he was for extending the Missouri Compromise line across California to the Pacific, Now I contend that such a policy would have beeenntost suicidal to Ihe South. How stands the case .' Those who have had ample opportu nity to form a correct judgment declare that the portion of California South of 36 deg. 30 min. is not adapted to slave labor, that the institution could not exist there. In a memorial sent to Con gress on the 12th March 1850 by Messrs. Fre mont and Gwyn, her Senators, and her two Rep resentatives, I findlhe following language. "Much misapprehension appears to have ob tained in the Atlantic States relative to the ques tion of slavery in California. The undersigned have no hesiiatio.i i n saying, that the provision in the Constitution excluding that institution, meets with the almost unanimous approval of that people. This unanimity is believed to result not so much from the prejudices against the system which are quite general in the Northern part of the united Slates, as ftr.in a universal conviction that in no portion of California u the soil and cli mate of a character adapted to slate labor." Again; hear what was said by some of the leading men in the Coi.vention that framed her Constitution, I read from the debate in that body compiled by Brown Mr. Lippit said page 44ir.) ' "And what will the-South (our South) say ? t.erlainly llie Hoiilli will not commit miaclsosui cidal aato refuse its assent to this Constitution be cause we have nut cut off sll South nf 36 dee;. 30 min. There is not a member on this floor irho belktes that slavery can erer exist there. Whatever desire the South might have to introduce slavery there, il is utterly impraclicalile to do to, that it can never exist in that region is siifhcent to pre elude the idea. If the Territory i divided at all it will, in aexorda nee with the compromise agreed to between the two great patties,- be erected into a free Slate by the action if the peojie themfeh'S. There is no divison t opinion between the North ern and Southern population of California on this subject. Consequently, it becomes a separate St te if will be a fret stale and instead of oat there tciU be TWO rREE STATES." ' " - Mr. Gwyn (ore "uf her Senators) laid in the same debate. 'Mic line of 38 deg, 30 min. is a great queiiioii on the other side of' the Mountains Here it is nothing. If any portion of our popula. lion are opposed to slavery jier se, it is that portion south of that line. It is utterly unfilled for stall labor, being a grazing and a grape country ,' with a lew rich valleys and extensive arid plains." Here then we were told in express terms that it the Missouri Compromise line had heen run, and all south of it cut off from California, it would beyond doubt have become a free Slate that "il is utterly unfitted for slave labor." What then would have been the practical effect of the gentle, man's policy ? Why, weaken the shire Stain ami add strength to th .Xorlh. There is one historical fact which perhaps hai escaped the gentleman's memory, As eaily as December Tl, I8l8 Mr. Douglas introduced ink the Senate of the United States a hill for the immediate-admission of California asa St'uteinlo tin Union. This Rill can be found in the Congress ional Globe of 1848 (page St.) Il has been de clared hy Mr.- Lumpkin of Georgia I learn, then t member of the House of Representatives, that thii bill was prepa red and introduced at the iustanc of or under the approval of Mr. Polk. Did wi hear any expressions of holy horror a I all this But I dismiss this branch of the subject. How ever irregular may have been the proceeding, connected with llie admission of California, I set nothing in them violative of the Constitution. Shf is now a sovereign Stale of ihis Union, and cai establish slavery if she wishes. She stands npoi an equality with her sisters, and instead of giving her the cold shoulder, and wrangling about tin legitimacy of her birth, let us rather extend to lie the right hand of fellowship, and bid her God speec in her bright career to greatness and glory ! ihe next branch of the Compromise to wliicl I call your attention is the act establishing ter "tonal government for Utah, The whole of thai territory lies North of ihe Mlssuuri Compromise line lis Southern boundary is the 37 parallel of Nortl latitude : and so far from the Wilmot Proviso bcinj applied to it, the first section of the act expresslj provides thaf'when admitted as a Slate, the saic territory or any portion of the same shall be receiv ed into the Union, with or without Slavery as theit Constitution may prescribe at Ihe time of he admission.". And pray, is there nothing eainet here for the South? Il is plainly a re-establish ment of the principle which was surrendered b the Missouri Compromise. It not only docs noi ex lend the Wilmot Proviso over this territory tiif whole of which lies North of 36 30 but it express ly declares that it shall come into the Union as a State with or without Slaver) as the People thenv selves may wish. What possible cause i f com plaint is there in all this? Is there not rather rea son for congratulation, that in the establishment o this territorial government truth and justice have triumphed over error and fanaticism? This is not all. Slavery already existed ir Utah. The Mormons it is said, carried it tbero The ninth section oftlie Act provides expressly foi Writs of error and appea Is to the SupremeCoiirt o the United States, and declares "that in a)l cases involving title to Slaves, the said icrits of erroi or appeals shall be allowed and decided by the sak isupreme Court with or icithout regard to the valut of the matter , property, or title in controversy." Ihe same section confers on the Courts of tin territory "common kw jurisdiction" in& the las section provides that, "the Constitution and lawi of the United States are extended over, a n declare! to be in force in said territory . so far a,s the same or any portion of them may be applicable." What follows from these provisions ? There i a plain recognition of the relation of master am slave the courts are opened to try title to slave and common law jurisdiction is given those court Resides this the fugitive slave law enacts "tin when any person held lo servitude or labor in an Btate or territory &c. shall escape Atc.'V ' To what territory does this enactment refer Not to Minesota or Oregon, because slavery is n prcssly forbidden in both. Utah and New Mexic are the only territories to which it can apply. Tl gentleman insists that the difficulty is thesupposi existence of the Mexican laws abolishing slaver But whatever may be said by those who belie these laws do exist, how will this avail Ainorsnr asthi'.ik with him? lie entertains the opinio! that those laws ceased to have any force after til territory was acquired from Mexico. But if thl were in force before the passage of the Utah bil do not the provisions to which I have referred, I implication at least, repeal them ? If lliey do ml still there is ample provision made ts raise II question and try the title to slaves, by the Suprerl court of the Union, and how can any man wl sustained the Clayton compromise, asa panarl for the ills that threaten us, insist that nothing gained by this Act for the south 1 I contend ill the provisions of Ihe Utah and NcwMexico terri rial bills in reference to slavery are substantia the same with those of that compromise, for v. I Ihe gentleman and his friends voted, and for oppf ing which no quarter was shown to a few soil em men who voted against it. If there be doubt on the question whether slavery can legil exist mere; whether it is shut out by any lawl Mexico prior to the treaty of Gaudalupe Hida why, provision is expresMy made fur trying tl to slaves, tinder which the opinion of the Supnl Court may be obtained on ihis very question. Mr, Calhoun, himself, and if I am not mistalf all who acted with hiai, were willing to n bid J How then, I again ask, can this measure be nj the cause of just complaint in the reiilli ! we not estopped from so doing by our oft reroi opinions? . I come now to that part ol the Comprint which more than any other srema lo have exo the hostility of the tenth man, and aroused t full height, his patilotic il d! I i ii ! 'I I' Tl Imtindaiy and New Mexican Territorial bill.! above all things done hy Congress, since Ihe I of the Alien and Sedition laws, is filled walk "j . i,..j.. 1. ,t:, iik k. J fcvtlte-f. Iijuinii . aim ninin inn . um , j .ir rough-shod over the rights at pot. )cty&ss Jrf less Texas, whose Sena lots at) Mepswem' abandoned her in llie how of pri j mt (ft and humiliating lo et)e. ' was a nrft sclicmeto despoil the Soutlmi Skive ter perfected hy the h5lry of the Aweiirsn Cm through Texan BoaJ-holder ! He would us believed these bond-holders, tfceie harpie wcr uJ$ tefie'j Hjoatk Ukr const m
Raleigh Times [1847-1852] (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 29, 1850, edition 1
2
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