The Life of Jefferson DavisAlfriend, Frank H. (Frank Heath)
History
The Life of Jefferson Davis
Alfriend, Frank H. (Frank Heath)
Confederate States of America; Davis, Jefferson, 1808-1889; United States -- History -- Civil War, 1861-1865
States, and all other quarters, except from the South, which it takes
special care to exclude by holding up to them the danger of having
their slaves liberated under the Mexican laws. The necessary
consequence is to exclude the South from the Territories, just as
effectually as would the Wilmot proviso. The only difference, in this
respect, is, that what one proposes to effect directly and openly, the
other proposes to effect indirectly and covertly.
"But the executive proviso is more objectionable than the Wilmot in
another and more important particular. The latter, to effect its
object, inflicts a dangerous wound upon the Constitution, by depriving
the Southern States, as joint partners and owners of the Territories,
of their rights in them; but it inflicts no greater wound than is
absolutely necessary to effect its object. The former, on the
contrary, while it inflicts the same wound, inflicts others equally
great, and, if possible, greater, as I shall next proceed to explain.
"In claiming the right for the inhabitants, instead of Congress, to
legislate for the Territories, the executive proviso assumes that the
sovereignty over the Territories is vested in the former, or, to
express it in the language used in a resolution offered by one of the
Senators from Texas [General Houston, now absent], they 'have the same
inherent right of self-government as the people in the States.' The
assumption is utterly unfounded, unconstitutional, without example,
and contrary to the entire practice of the Government, from its
commencement to the present time, as I shall proceed to
show."--_Calhoun's Works_, vol. 4, p. 562.
MR. DAVIS. I find that I must abridge, by abstaining from the reading of
extracts. When this question arose in 1820, Nathaniel Macon, by many
considered the wisest man of his day, held the proposed interference to be
unauthorized and innovative. In arguing against the Missouri Compromise,
as it was called--the attempt by Congress to prescribe where slaves might
or might not be held--the exercise, by the Federal Government north of a
certain point, of usurped power by an act of inhibition, Mr. Macon said
our true policy was that which had thus far guided the country in safety:
the policy of non-intervention. By non-intervention he meant the absence
of hostile legislation, not the absence of governmental protection. Our
doctrine on this point is not new, but that of our opponents is so.
Public-domain text, read in full here on John Shaqi.
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