American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
Now, Mr. President, as I have been doing justice to Mr. Clay on this
question, perhaps I may as well do justice to another great man, who
was associated with him in carrying through the great measures of 1850,
which mortified the Senator from New York so much, because they defeated
his purpose of carrying on the agitation. I allude to Mr. Webster. The
authority of his great name has been quoted for the purpose of proving
that he regarded the Missouri act as a compact, an irrepealable compact.
Evidently the distinguished Senator from Massachusetts (Mr. Everett)
supposed he was doing Mr. Webster entire justice when he quoted the
passage which he read from Mr. Webster's speech of the 7th of March,
1850, when he said that he stood upon the position that every part
of the American continent was fixed for freedom or for slavery by
irrepealable law. The Senator says that by the expression "irrepealable
law," Mr. Webster meant to include the compromise of 1820. Now, I will
show that that was not Mr. Webster's meaning--that he was never
guilty of the mistake of saying that the Missouri act of 1820 was an
irrepealable law. Mr. Webster said in that speech that every foot of
territory in the United States was fixed as to its character for freedom
or slavery by an irrepealable law. He then inquired if it was not so
in regard to Texas? He went on to prove that it was; because, he said,
there was a compact in express terms between Texas and the United
States. He said the parties were capable of contracting and that there
was a valuable consideration; and hence, he contended, that in that case
there was a contract binding in honor and morals and law; and that it
was irrepealable without a breach of faith.
He went on to say:
"Now, as to California and New Mexico, I hold slavery to be excluded
from these Territories by a law even superior to that which admits
and sanctions it in Texas--I mean the law of nature--of physical
geography--the law of the formation of the earth."
That was the irrepealable law which he said prohibited slavery in
the Territories of Utah and New Mexico. He went on to speak of the
prohibition of slavery in Oregon, and he said it was an "entirely
useless and, in that connection, senseless proviso."
He went further, and said:
"That the whole territory of the States of the United States, or in the
newly-acquired territory of the United States, has a fixed and settled
character, now fixed and settled by law, which cannot be repealed in
the case of Texas without a violation of public faith, and cannot be
repealed by any human power in regard to California or New Mexico; that,
under one or other of these laws, every foot of territory in the States
or in the Territories has now received a fixed and decided character."
Public-domain text, read in full here on John Shaqi.
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