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my friends (Mr. Taylor and Mr. Mills) for the manner in which they supported my amendment, at a time when I was unable to partake in the debate. I had only on that day returned from a journey, long in its extent and painful in its occasion; and from an affection of my breast I could not then speak. I cannot yet hope to do justice to the subject; but I do hope to say enough to assure my friends that I have not left them in the controversy, and to convince the opponents of the measure, that their violence has not driven me from the debate.

Sir, the hon. gentleman from Missouri (Mr. Scott, who has just resumed his seat, has told us of the ides of March, and has cautioned us to "beware of the fate of Cæsar and of Rome." Another gentleman (Mr. Cobb) from Georgia, in addition to other expressions of great warmth, has said, that if we persist, the Union will be dissolved; and with a look fixed on me, has told us, "we have kindled a fire which all the waters of the ocean cannot put out, which seas of blood can only extinguish."

Language of this sort has no effect on me; my purpose is fixed, it is interwoven with my existence; its durability is limited with my life; it is a great and glorious cause, setting bounds to a slavery the most cruel and debasing the world has ever witnessed; it is the freedom of man; it is the cause of unredeemed and unregenerated human beings.

If a dissolution of the Union must take place, let it be so! If civil war, which gentlemen so much threaten, must come, I can only say, let it come! My hold on life is probably as frail as that of any man who now hears me; but while that hold lasts, it shall be devoted to the service of my country-to the freedom of man. If blood is necessary to extinguish any fire which I have assisted to kindle, I can assure gentlemen, while I regret the necessity, I shall not forbear to contribute my mite. Sir, the violence to which gentlemen have resorted on this subject will not move my purpose, nor drive me from my place. I have the fortune and the honor to stand here as the representative of freemen, who possess intelligence to know their rights; who have the spirit to maintain them. Whatever might be my own private sentiments on this subject, standing here as the representative of others, no choice is left me. I know the will of my constituents, and, regardless of consequences, I will avow it-as their representative, I will proclaim their hatred to Slavery in every shape-as their representative here will I hold my stand, till this floor, with the Constitution of my country which supports it, shall sink beneath me-if I am doomed to fall, I shall, at least, have the painful consolation to believe that I fall, as a fragment, in the ruins of my country.

Sir, the gentleman from Virginia (Mr. Colston) has accused my honorable friend from New Hampshire (Mr. Livermore) of "speaking to the galleries," and by his “language endeavoring to excite a servile war;" and has ended by saying, "he is no better than Arbuthnot and Ambrister, and deserves no better fate." When I hear such language uttered upon this floor, and within this house, I am constrained to consider it as hasty and nnintended language, resulting from the vehemence of debate, and not really intending the personal indecorum the expressions would seem to indicate. [Mr. Colston asked to explain, and said he had not distinctly understood Mr. T. Mr. Livermore called on Mr. C. to state the expressions he had used. Mr. C. then said he had no explanation to give.] Mr. T. said he had none to ask-he continued to say, he would not be lieve any gentleman on this floor would commit so great an indecorum against any member, or against the dignity of this house, as to use such

expressions, really intending the meaning which the words seem to import, and which had been uttered against the gentleman from New Hampshire. [Mr. Nelson, of Virginia, in the Chair, called to order, and said no personal remarks would be allowed.] Mr. T. said he rejoiced the Chair was at length aroused to a sense of its duties. The debate had, for several days, progressed with unequaled violence, and all was in order; but now, when at length this violence on one side is to be resisted, the Chair discovered it is out of order. I rejoice, said Mr. T., at the discovery, I approve of the admonition, while I am proud to say it has no relevancy to me. It is my boast that I have never uttered an unfriendly personal remark on this floor; but I wish it distinctly understood, that the immutable laws of self-defense will justify going to great lengths, and that, in the future progress of this debate, the rights of defense would be regarded.

Sir, has it already come to this: that in the Congress of the United States-that, in the legis lative councils of republican America, the subject of Slavery has become a subject of so much feeling-of such delicacy-of such danger, that it cannot safely be discussed? Are members who venture to express their sentiments on this subject, to be accused of talking to the galleries, with intention to excite a servile war; and of meriting the fate of Arbuthnot and Ambrister? Are we to be told of the dissolution of the Union, of civil war and of seas of blood? And yet, with such awful threatenings before us, do gentlemen, in the same breath, insist upon the encouragement of this evil; upon the extension of this monstrous scourge of the human race? An evil so fraught with such dire calamities to us as individuals, and to our nation, and threatening, in its progress, to overwhelm the civil and religious institutions of the country, with the liberties of the nation, ought at once to be met, and to be controlled. If its power, its influence, and its impending dangers, have already arrived at such a point, that it is not safe to discuss it on this floor, and it cannot now pass under consideration as a proper subject for general legislation, what will be the result when it is spread through your widely-extended domain? Its present threatening aspect, and the violence of its supporters, so far from inducing me to yield to its progress, prompt me to resist its march. Now is the time. It must now be met, and the extension of the evil must now be prevented, or the occa. sion is irrecoverably lost, and the evil can never be controlled.

Sir, extend your view across the Mississippi, over your newly-acquired territory-a territory so far surpassing, in extent, the limits of your present country, that that country which gave birth to your nation-which achieved your Revo. lution-consolidated your Union-formed your Constitution, and has subsequently acquired so much glory, hangs but as an appendage to the extended empire over which your republican government is now called to bear sway. Look down the long vista of futurity; see your empire, in extent unequaled, in advantageous situation without a parallel, and occupying all the valuable part of one continent. Behold this extended empire, inhabited by the hardy sons of American freemen, knowing their rights, and inheriting the will to protect them-owners of the soil on which they live, and interested in the institutions which they labor to defend; with two oceans laving your shores, and tributary to your purposes, bearing on their bosoms the commerce of our people; compared to yours, the govern ments of Europe dwindle into insignificance, and the whole world is without a parallel. But, sir, reverse this scene; people this fair domain with the slaves of your planters; extend Slavery, this

bane of man, this abomination of heaven, over your extended empire, and you prepare its dissolution; you turn its accumulated strength into positive weakness; you cherish a canker in your breast; you put poison in your bosom; you place a vulture preying on your heart-nay, you whet the dagger and place it in the hands of a portion of your population, stimulated to use it, by every tie, human and divine. The envious contrast between your happiness and their misery, between your liberty and their slavery, must constantly prompt them to accomplish your destruction. Your enemies will learn the source and the cause of your weakness. As often as external dangers shall threaten, or internal commotions await you, you will then realize, that by your own procurement, you have placed amidst your families, and in the bosom of your country, a population producing at once the greatest cause of individual danger, and of national weakness. With this defect, your government must crumble to pieces, and your people become the scoff of the world.

Sir, we have been told, with apparent confidence, that we have no right to annex conditions to a State, on its admission into the Union; and it has been urged that the proposed amendment, prohibiting the further introduction of Slavery, is unconstitutional. This position, asserted with so much confidence, remains unsupported by any argument, or by any authority derived from the Constitution itself. The Constitution strongly indicates an opposite conclusion, and seems to contemplate a difference between the old and the new States. The practice of the government has sanctioned this difference in many respects.

The third section of the fourth article of the

Constitution says, 66 new States may be admitted by the Congress into this Union," and it is silent as to the terms and conditions upon which the new States may be so admitted. The fair infer ence from this is, that the Congress which might admit, should prescribe the time and the terms of such admission. The tenth section of the first article of the Constitution says, "the migration or importation of such persons as any of the States NOW EXISTING shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808." The words "now existing" clearly show the distinction for which we contend. The word slave is nowhere mentioned in the Constitution; but this section has always been considered as applicable to them, and unquestionably reserved the right to prevent their importation into any new State before the year 1808.

Congress, therefore, have power over the subject, probably as a matter of legislation, but more certainly as a right, to prescribe the time and the condition upon which any new State may be admitted into the family of the Union. Sir, the bill now before us proves the correctness of my argument. It is filled with conditions and limitations. The territory is required to take a census, and is to be admitted only on condition that it have 40,000 inhabitants. I have already submitted amendments preventing the State from taxing the lands of the United States, and declaring that all navigable waters shall remain open to the other States, and be exempt from any tolls or duties. And my friend (Mr. Taylor) has also submitted amendments prohibiting the State from taxing soldiers' lands for the period of five years. And to all these amendments we have heard no objection-they have passed unanimously. But now, when an amendment, prohibiting the further introduction of Slavery is proposed, the whole house is put in agitation, and we are confidently told it is unconstitutional to annex conditions to the admission of a new State into the Union. The result of all this is,

that all amendments and conditions are proper, which suit a certain class of gentlemen, but whatever amendment is proposed, which does not comport with their interests or their views, is unconstitutional, and a flagrant violation of this sacred charter of our rights. In order to be consistent, gentlemen must go back and strike out the various amendments to which they have already agreed. The Constitution applies equally to all, or to none.

Sir, we have been told that this is a new principle for which we contend, never before adopted, or thought of. So far from this being correct, it is due to the memory of our ancestors to say, it is an old principle, adopted by them, as the policy of our country. Whenever the United States have had the right and the power, they have heretofore prevented the extension of Slavery. The States of Kentucky and Tennessee were taken off from other States, and were admitted into the Union without condition, because their lands were never owned by the United States. The Territory northwest of the Ohio is all the land which ever belonged to them. Shortly after the cession of those lands to the Union, Congress passed, in 1787, a compact, which was declared to be unalterable, the sixth_article of which provides that "there shall be neither Slavery nor involuntary servitude in the said Territory, otherwise than in the punishment for crimes, whereof the parties shall have been duly convicted." In pursuance of this compact, all the States formed from that Territory have been admitted into the Union upon various conditions, and, amongst which, the sixth article of this compact is included as one.

Let gentlemen also advert to the law for the admission of the State of Louisiana into the Union: they will find it filled with conditions. It was required not only to form a Constitution upon the principles of a republican government, but it was required to contain the "fundamental principles of civil and religious liberty." It was even required as a condition of its admission, to keep its records, and its judicial and its legislative procedings in the English language; and also to secure the trial by jury, and to surrender all claim to unappropriated lands in the Territory, with the prohibition to tax any of the United States' lands.

After this long practice and constant usage to annex conditions to the admission of a State into the Union, will gentlemen yet tell us it is unconstitutional, and talk of our principles being novel and extraordinary? It has been said, that, if this amendment prevails, we shall have an union of States possessing unequal rights. And we have been asked, whether we wished to see such a

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chequered union ?" Sir, we have such a union already. If the prohibition of Slavery is the denial of a right, and constitutes a chequered union, gladly would I behold such rights denied, and such a chequer spread over every State in the Union. It is now spread over the States northwest of the Ohio, and forms the glory and the strength of those States. I hope it will be extended from the Mississippi to the Pacific Ocean.

Sir, we have been told that the proposed amendment cannot be received, because it is contrary to the treaty and cession of Louisiana. "Article 3. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights advantages, and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, their property, and the religion which they profess." I find nothing, said Mr. T., in this article of the treaty, incompatible

with the proposed amendment. The rights, advantages, and immunities of citizens of the United States are guaranteed to the inhabitants of Louisiana. If one of them should choose to remove into Virginia, he could take his slaves with him: but if he removes to Indiana, or any of the States northwest of the Ohio, he cannot take his slaves with him. If the proposed amendment prevail, the inhabitants of Louisiana, or the citizens of the United States, can neither of them take slaves into the State of Missouri. All, therefore, may enjoy equal privileges. It is a disability, or what I call a blessing, annexed to the particular district of country, and in no manner attached to the individual. But, while I have no doubt that the treaty contains no solid objection against the proposed amendment, if it did, it would not alter my determination on the subject. The Senate, or the treaty-making power of our government, have neither the right, nor the power to stipulate by a treaty, the terms upon which a people shall be admitted into the Union. This House have a right to be heard on the subject. The admission of a State into the Union is a Legislative act, which requires the concurrence of all the departments of Legislative power. It is an important prerogative of this House, which I hope will never be surrendered.

The zeal and the ardor of gentlemen, in the course of this debate, have induced them to announce to this house, that, if we persist and force the state of Missouri to accede to the proposed amendment, as the condition of her admission into the Union, she will not regard it, and, as soon as admitted, will alter her constitution, and introduce Slavery into her territory. Sir, I am not prepared, nor is it necessary to determine, what would be the consequence of such a violation of faith-of such a departure from the fundamental condition of her admission into the Union. I would not cast upon a people so foul an imputation, as to believe they would be guilty of such fraudulent duplicity. The States northwest of the Ohio have all regarded the faith and the conditions of their admission; and there is no reason to believe the people of Missouri will not also regard theirs. But, sir, whenever a State admitted into the Union shall disregard and set at naught the fundamental conditions of its admission, and shall, in violation of all faith, undertake to levy a tax upon lands of the United States, or a toll upon their navigable waters, or introduce Slavery, where Congress have prohibited it, then it will be in time to determine the consequence. But, if the threatened consequence were known to be the certain result, yet would I insist upon the proposed amendment. The declaration of this house, the declared will of the nation to prohibit Slavery, would produce its moral effect, and stand as one of the brightest ornaments of our country.

Sir, it has been urged with great plausibility, that we should spread the slaves now in our country, and thus spread the evil, rather than confine it to its present districts. It has been said, we should thereby diminish the dangers from them, while we increase the means of their living, and augment their comforts. But, you may rest assured, that this reasoning is fallacious, and that, while Slavery is admitted, the market will be supplied. Our coast, and its contiguity to the West Indies and the Spanish possessions, render easy the introduction of slaves into our country. Our laws are already highly penal against their introduction, and yet it is a wellknown fact, that about fourteen thousand slaves have been brought into our country this last

year.

Since we have been engaged in this debate, we have witnessed an elucidation of this argument,

of bettering the conditions of slaves, by spreading them over the country. A slave-driver, a trafficker in human flesh, as if sent by Providence, has passed the door of your capitol, on his way to the West, driving before him about fif teen of these wretched victims of his power collected in the course of his traffic, and by their removal, torn from every relation and from every tie which the human heart can hold dear. The males, who might raise the arm of vengeance, and retaliate for their wrongs, were hand-cuffed and chained to each other, while the females and children were marched in their rear, under the guidance of the driver's whip! Yes, sir, such has been the scene witnessed from the windows of Congress Hall, and viewed by members who compose the legislative councils of republican America!

In the course of the debate on this subject, we have been told that, from the long habit of the southern and western people, the possession of slaves has become necessary to them, and an essential requisite in their living. It has been urged, from the nature of the climate and soil of the southern countries, that the lands cannot be occupied or cultivated without slaves. It has been said that the slaves prosper in those places, and that they are much better off there than in their own native country. We have ever been told that if we succeed and prevent Slavery across the Mississippi, we shall greatly lessen the value of property there, and shall retard, for a long series of years, the settlement of that country.

Sir, said Mr. T., if the western country cannot be settled without slaves, gladly would I prevent its settlement till time shall be no more. If this class of arguments is to prevail, it sets all morals at defiance, and we are called to legislate on this subject as a matter of mere personal interest. If this is to be the case, repeal all your laws prohibiting the slave-trade; throw open this traffic to the commercial States of the East; and if it better the condition of these wretched beings, invite the dark population of benighted Africa to be translated to the shores of republican America. But I will not cast upon this or upon that gentleman an imputation so ungracious as the conclusion to which their arguments would necessarily tend. I do not believe any gentleman on this floor would here advocate the slave-trade; or maintain in the abstract the principles of Slavery. I will not outrage the decorum, nor insult the dignity of this house, by attempting to argue in this place, as an abstract proposition, the moral right of Slavery. How gladly would the "legitimates of Europe chuckle," to find an American Congress in debate on such a question!

As an evil brought upon us without our own fault, before the formation of our government, and as one of the sins of that nation from which we have revolted, we must of necessity legislate upon this subject. It is our business so to legislate as never to encourage, but always to control, this evil; and, while we strive to eradicate it, we ought to fix its limits, and render it subordinate to the safety of the white population, and the good order of civil society.

Sir, on this subject the eyes of Europe are turned upon you. You boast of the freedom of your constitution and your laws, you have proclaimed, in the Declaration of Independence, "That all men are created equal; that they are endowed by their Creator with certain unalienable rights-that amongst these are life, liberty, and the pursuit of happiness;" and yet you have slaves in your country. The enemies of your government, and the legitimates of Europe, point to your inconsistencies, and blazon your supposed defects. If you allow Slavery to pass into terri tories where you have the lawful power to ex

clude it, you will justly take upon yourself all the charges of inconsistency; but confine it to the original slaveholding States, where you found it at the formation of your government, and you stand acquitted of all imputation.

This is a subject upon which I have great feeling for the honor of my country. In a former debate upon the Illinois constitution, I mentioned that our enemies had drawn a picture of our country, as holding in one hand the Declaration of Independence, and with the other brandishing a whip over our affrighted slaves. I then made it my boast that we could cast back upon England the accusation-that she had committed the original sin of bringing slaves into our country. I have since received, through the post-office, a letter post marked in South Carolina, and signed "A native of England," desiring that, when I had occasion to repeat my boast against England, I would also state that she had atoned for her original sin, by establishing in her slave-colonies a system of humane laws, meliorating their condition, and providing for their safety, while America had committed the secondary sin of disregarding their condition, and had even provided laws, by which it was not murder to kill a slave. Sir, I felt the severity of the reproof; I felt for my country. I have inquired on the subject, and I find such were formerly the laws in some of the slaveholding States; and that even now, in the State of South Carolina, by law, the penalty of death is provided for stealing a slave, while the murder of a slave is punished with a trivial fine. Such is the contrast and the relative value which is placed, in the opinion of a slaveholding State, between the property of the master and the life of a slave.

Sir, gentlemen have undertaken to criminate, and to draw odious contrasts between different sections of our country-I shall not combat such arguments; I have made no pretense to exclusive morality on this subject, either for myself or my constituents; nor have I cast any imputations on others. On the contrary, I hold that mankind under like circumstances are alike, the world over. The vicious and unprincipled are confined to no district of country and it is for this portion of the community we are bound to legislate. When honorable gentlemen inform us we overrate the cruelty and the dangers of Slavery, and tell us that their slaves are happy, and contented, and would even contribute to their safety, they tell us but very little; they do not tell us, that, while their slaves are happy, the slaves of some depraved and cruel wretch in their neighborhood may not be stimulated to revenge, and thus involve the country in ruin. If we had to legislate only for such gentlemen as are now embraced within my view, a law against robbing the mail would be a disgrace upon the nation; and, as useless, I would tear it from the pages of your statute book; yet sad experience has taught us the necessity of such laws-and honor, justice, and policy teach us the wisdom of legislating to limit the extension of Slavery.

tlemen, by their superor liberality in contributions to moral institutions, justly stand in the first rank, and hold the first place in the brightest page in the history of our country. But, turn over this page, and what do you behold? You behold them contributing to teach the doctrines of Christianity in every quarter of the globe. You behold them legislating to secure the ig norance and stupidity of their own slaves! You behold them, prescribing, by law, penalties against the man that dares teach a negro to read. Such is the statute law of the State of Virginia. [Mr. Bassett and Mr. Tyler said that there was no such law in Virginia.]

No, said Mr. T., I have mis-spoken myself; I ought to have said, such is the statute law of the State of Georgia. Yes, while we hear of a liberality which civilizes the savages of all countries, and carries the gospel alike to the Hottentot and the Hindoo, it has been reserved for the republican State of Georgia, not content with the care of its overseers, to legislate to secure the oppression and the ignorance of their slaves. The man who there teaches a negro to read, is liable to a criminal prosecution. The dark, benighted beings of all creation profit by our liberality-save those of our own plantations. Where is the missionary who possesses sufficient hardihood to venture a residence to teach the slaves of a plantation? Here is the stain! Here is the stigma! which fastens upon the character of our country; and which, in the appropriate language of the gentleman from Georgia, (Mr. Cobb.) all the waters of the ocean cannot wash out; which seas of blood can only take away.

Sir, there is yet another, and an important point of view, in which this subject ought to be considered. We have been told by those who advocate the extension of Slavery into the Missouri, that any attempt to control this subject by legislation, is a violation of that faith and mutual confidence upon which our Union was formed, and our Constitution adopted. This ar gument might be considered plausible, if the restriction was attempted to be enforced against any of the slaveholding States, which had been a party in the adoption of the Constitution. But it can have no reference or application to a new district of country recently acquired, and never contemplated in the formation of government, and not embraced in the mutual concessions and declared faith upon which the Constitution was adopted. The Constitution provides, that the Representatives of the several States to this House shall be according to their number, including three-fifths of the slaves in the respective States. This is an important benefit yielded to the slaveholding States, as one of the mutual sacrifices for the Union. On this subject, I con sider the faith of the Union pledged, and I never would attempt coercive manumission in a slave. holding State.

But none of the causes which induced the sacrifice of this principle, and which now produce such an unequal representation on this floor, of In the zeal to draw sectional contrasts, we have the free population of the country, exist as be been told by one gentleman, that gentlemen from tween us and the newly-acquired Territory one district of country talk of their morality, across the Mississippi. That portion of country while those of another practice it. And the su- has no claims to such an unequal representation, perior liberality has been asserted of Southern unjust in its results upon the other States. Are gentlemen over those of the North, in all contribu- the numerous slaves in extensive countries, which tions to moral institutions, for bible and mission- we may acquire by purchase, and admit as States ary societies. Sir, I understand too well the pur- into the Union, at once to be represented on this suit of my purpose, to be decoyed and drawn off floor, under a clause of the Constitution, granted into the discussion of a collateral subject. I as a compromise and a benefit to the southern have no inclination to controvert these assertions States which had borne part in the Revolution? of comparative liberality. Although I have no Such an extension of that clause in the Constitu idea they are founded in fact, yet, because it bet- tion would be unjust in its operations, unequal in ter suits the object of my present argument, I its results, and a violation of its original intention. will, on this occasion, admit them to the fullest Abstract from the moral effects of Slavery, its extent. And what is the result? Southern gen-political consequence in the representation under

this clause of the Constitution, demonstrate the importance of the proposed amendment.

Sir, I shall bow in silence to the will of the majority, on whichever side it shall be expressed: yet I confidently hope that majority will be found on the side of an amendment, so replete with moral consequences, so pregnant with important political results.

their own State Constitution, and over which Congress had no superintending control, other than that expressly given in the fourth section of the same article, which read, "the United States shall guarantee to every State in this Union a republican form of government." This end accomplished, the guardianship of the United States over the Constitutions of the several States was fulfilled; and all restrictions, limitations and Mr. Scort, of Missouri, said, he trusted conditions beyond this, was so much power unthat his conduct, during the whole of the time warrantably assumed. In illustration of this in which he had the honor of a seat in the House, position, he would read an extract from one of had convinced gentlemen of his disposition not the essays written by the late President Madison, to obtrude his sentiments on any other subjects contemporaneously with the Constitution of the than those on which the interest of his consti- United States, and from a very celebrated work : tuents, and of the Territory he represented, were "In a confederacy founded on republican prinimmediately concerned. But when a question ciples, and composed of republican members, such as the amendments proposed by the gentle the superintending government ought clearly to men from New York (Messrs. Tallmadge and possess authority to defend the system against Taylor), was presented for consideration, in- aristocratic or monarchical innovations. The volving constitutional principles to a vast more intimate the nature of such an Union may amount, pregnant with the future fate of the be, the greater interest have the members in the Territory, portending destruction to the liberties political institutions of each other, and the greater of that people, directly bearing on their rights of right to insist that the forms of government unproperty, their state rights, their all, he should der which the compact was entered into, should consider it as a dereliction of his duty, as retreat- be substantially maintained. But this authority ing from his post, nay, double criminality, did extends no further than to a guarantee of a rehe not raise his voice against their adoption. publican form of government, which supposes a After the many able and luminous views that pre-existing government of the form which is to had been taken of this subject, by the speaker of be guaranteed. As long, therefore, as the exthe House, and other honorable gentlemen, he isting republican forms are continued by the had not the vanity to suppose that any additional States, they are guaranteed by the Federal Conviews which he could offer or any new dress institution. Whenever the States may choose to which he could clothe those already advanced, substitute other republican forms, they have a would have the happy tendency of inducing any right to do so, and to claim the Federal guarantee gentleman to change his vote. But, if he stood for the latter. The only restriction imposed on single on the question, and there was no man to them is, that they shall not exchange republican help him, yet, while the laws of the land and the for anti-republican Constitutions; a restriction rules of the House guaranteed to him the privi- which, it is presumed, will hardly be considered lege of speech, he would redeem his conscience as a grievance." from the imputation of having silently witnessed a violation of the Constitution of his country, and an infringement on the liberties of the people who had intrusted to his feeble abilities the advocation of their rights. He desired, at this early stage of his remarks, in the name of the citizens of Missouri Territory, whose rights on other subjects had been too long neglected and shamefully disregarded, to enter his solemn protest against the introduction, under the insidious form of amendment, of any principle in this bill, the obvious tendency of which would be to sow the seeds of discord in, and perhaps eventually endanger the Union.

Mr. S. entertained the opinion, that, under the Constitution, Congress had not the power to impose this, or any other restriction, or to require of the people of Missouri their assent to this condition, as a pre-requisite to their admission into the Union. He contended this from the language of the Constitution itself, from the practice in the admission of new States under that instrument, and from the express terms of the treaty of cession. The short view he intended to take of those points would, he trusted, be satisfactory to all those who were not so anxious to usurp power as to sacrifice to its attainment the principles of our government, or who were not desirous of prostrating the rights and independence of a State to chimerical views of policy or expediency. The authority to admit new States into the Union was granted in the third section of the fourth article of the Constitution, which declared that new States my be admitted by the Congress into the Union.' The only power given to the Congress by this section appeared to him to be, that of passing a law for the admission of the new State, leaving it in possession of all the rights, privileges, and immunities, enjoyed by the other States; the most valuable and prominent of which was that of forming and modifying

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Mr. S. thought that those two clauses, when supported by such high authority, had they been the only ones in the Constitution which related to the powers of the general government over the States, and particularly at their formation and adoption into the Union, could not but be deemed satisfactory to a reasonable extent; but there were other provisions in the Constitution, to which he would refer, that beyond all doubt, to his mind, settled the question. One of those was the tenth article in the amendments, which said that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people." He believed that, by common law, and common usage, all grants giving certain defined and specific privileges, or powers, were to be so construed as that no others should be intended to be given but such as were particularly enumerated in the instruments themselves, or indispensably necessary to carry into effect those designated. In no part of the Constitution was the power proposed to be exercised, of imposing conditions on a new State, given, either in so many words, or by any justifiable or fair inference; nor in any portion of the Constitution was the right prohibited to the respective States, to regulate their own internal police, of admitting such citizens as they pleased, or of introducing any description of property, that they should consider as essential or necessary to their prosperity; and the framers of that instrument seem to have been zealous lest, by implication or by inference, powers might be assumed by the general governinent over the states and people, other than those expressly given: hence they reserve in so many terms to the states, and the people, all powers not delegated to the federal governinent. The ninth article of the amendments to the Constitution still further illustrated the position he had taken; it read, that "the enumeration in the Constitution

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