When Congress attempted to organize territorial governments,
the people of the North insisted on the exclusion of slavery from
Oregon and the territory acquired from Mexico. The people of the
South made no resistance to its exclusion from Oregon. It was
already excluded by "the ordinance of Nature or the will of God."
But that the vast territory torn from Mexico, acquired by the common
blood and treasure, should now be closed to their institution, was
intolerable. To secure it they had sinned deep. After the conquest
their position was peculiarly awkward. The laws of Mexico excluding
slavery continued in force. Hence in all this territory slavery
was as effectually prohibited as in Massachusetts until Congress
could accomplish the odious work of introducing it by express
enactment. Calhoun strenuously argued the novel proposition that,
on the overthrow of the authority of the Mexican government by
American arms, the laws and constitution of Mexico were extinguished
and those of the United States, so far as applicable, occupied the
vacant field; that the Federal Constitution carried slavery with
it wherever it went, except where by the laws of a sovereign State
it was excluded.
He announced the proposition afterwards established by the Supreme
Court, that, as the Constitution proprio vigore carried slavery
into all the Territories, neither the territorial legislatures nor
Congress itself had power to interfere with the right of holding
slaves within them.
Webster conclusively answered this refined sophistry, pointing
out that slavery was merely a municipal institution, in derogation
of the common right of mankind, against the native instincts of
humanity, dependent wholly for its right of existence upon local
legislation, and that the real demand of the people of the South
was not to carry their slaves into the new Territories, but to
carry with them the slave codes of their several States.
Public-domain text, read in full here on John Shaqi.
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