Slavery -- United States; United States -- Politics and government -- 1849-1853
For argument’s sake, admit the contract with Texas to be unimpeachable;
although, if it be so, I see not why any one Congress may not absorb
and exhaust all the power to admit new states, which the constitution
contains, by making contracts for centuries to come, for all the
new states that shall be admitted; and for all the applications for
admission that shall be rejected. But, admitting the validity of the
Texan contract, what does it purport? That “new states,” “not exceeding
four,” “may be formed out of the territory thereof.” Those south of 36°
30´, may be slave; that, or those, north of 36° 30´, shall be free;
the whole “not exceeding four.” Here, then, is an executory and mutual
contract. It is executory; because it is not to be executed at the time
of making, but _in futuro_. It is mutual, because, for the State of
Texas, and for the one or more slave states, south of 36° 30´, there
are to be one or more free states north of it.
Now, the principle is so clear that I think no one will for a moment
dispute it, that when an executory and mutual contract is to be
executed, say at four different times, each preceding act of execution
must be such as to allow of the ultimate execution of the whole.
Neither the first, second, nor third act of execution, must be so
executed as to render the fourth impossible. Neither the first, second,
nor third act, must be so executed in favor of either of the parties,
as to render the execution of the fourth, in favor of the other party,
impossible. But if Texas can have “_slave_ states to the number of
_four_,” formed in succession out of her territory, then, as the whole
number to be formed is not to exceed “four,” there can be _no_ free
state formed, under the alleged contract.
It is not within my knowledge that such an interpretation of this
supposed contract was ever suggested by any Texan citizen, or by
any southern man. I suppose it to have been advanced, _first_, by a
northern senator; and seconded, _first_, by a northern divine.
LETTER
ANSWERING AN INVITATION TO CELEBRATE THE ANNIVERSARY OF THE ORDINANCE
OF 1787, AT CLEVELAND, OHIO.
WEST NEWTON, July 9, 1849.
GENTLEMEN;
Public-domain text, read in full here on John Shaqi.
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