It did not seem to the undersigned of signal importance, whether this guarantee was limited to our present territories, or made in words to apply to all future acquisitions. Whenever the line of slave States from the Gulf of Mexico to the Pacific Ocean shall be formed, an effectual barrier will have been raised against the migration of freemen southward. Nor can it be assumed, that either with or without constitutional prohibition, the limits of the republic are not to be further extended; and if the proposed line be established by the Constitution, the fairest portions of North America will be given up irrevocably to African slavery. Nor is the limitation of the right of a sovereign State to fix its own boundaries, which involves the right to acquire territory, consistent with its honor in peace, or compatible with its dignity and necessities in time of war. The American people are fully forewarned that it is unwise to rely upon constitutional prohibitions against the acquisition of territory; nor can such prohibitions always withstand the assaults of a determined and desperate majority when acting in harmony with the tendencies of public opinion, and the real or supposed necessities of the country.
With these views, and with this experience in mind, the undersigned did not regard with favor the provisions contained in the second section of the proposed article of amendment. It is also to be observed that by this section territory may be acquired for naval and commercial stations, depots, and transit routes, without a resort to the treaty-making power. These provisions seem to be broad enough to permit the summary annexation of Cuba, and portions of Central America and Mexico, by a simple law or joint resolution of Congress.
Thus, these two sections considered together, furnished no additional securities against territorial acquisitions, while they effectually established and protected slavery in all territory, present and future, south of the parallel 36° 30´ north latitude. By the first section, the common law was to be so changed, that a condition of slavery would be assumed in regard to all the African race within the Territories, and the laws of the several slave States would be enforced against all persons of that race who might be carried from the existing slave States into the Territories. The language is ambiguous, but this interpretation seems to be warranted; and, in the opinion of the undersigned, the courts would render an interpretation adequate to the result just indicated. It is thus seen that the only method of establishing and protecting slavery in the Territories, is to provide for the execution, within their limits, of the laws of the several slave States.
This section also incorporates into the Constitution of the United States the existing laws and usages of New Mexico relating to slavery, and renders them irrepealable during the territorial condition.
By the second section, the Senators are divided into two classes, those who represent the slaveholding, and those who represent the non-slaveholding States of the Union, and a majority of each class is required as a part of the two-thirds majority necessary for the acquisition of territory by treaty. A full exposition of this proposition would show that it is a complete and dangerous departure from the principles of the Government, and sure to effect its complete dissolution. When the Senate becomes two separate and distinct bodies, and when the existence of the institution of slavery determines where the line of division shall be, then the Government, for all practical purposes, is at an end. This proposition was introduced by Mr. Summers, of Virginia; and Virginia, by its delegates, also introduced and supported a kindred proposition, by which "all appointments to office in the Territories lying north of the line 36° 30´, as well before as after the establishment of Territorial Governments in and over the same, or any part thereof, shall be made upon the recommendation of a majority of the Senators representing at the time the non-slaveholding States; and in like manner, all appointments to office in the Territories which may lie south of said line of 36° 30´, shall be made upon the recommendation of a majority of the Senators representing at the time the slaveholding States."
We cannot hesitate to declare the opinion, carefully formed, that this policy of dividing the Senate into two classes, is fraught with dangers to the country more to be dreaded than the bold and defiant measures of those men and States that are arrayed in open hostility to the Union. This measure is a part of the policy of Mr. Calhoun, by which the Government was to be changed, and the executive department so divided that nothing could be done without the concurrence of two Presidents, one representing the slaveholding and one representing the non-slaveholding States.
The third section contains several provisions for strengthening and securing slavery in the District of Columbia and in the several States and Territories. It gives to representatives and others the right to bring their slaves into the District of Columbia, retain, and take them away, even after slavery may have ceased to exist in that District by the constitutional action of Congress. It secures the slave-trade between States and Territories in which slavery is established or recognized by law or usage, with the right of transit through free States, by sea or river, and of touching at ports, shores, and landings, and of landing in case of distress; reserving, however, to the States and Territories the power to prohibit the transit of slaves and the sale or traffic therein. Thus the transportation of slaves would be a right as broad as the limits of the republic, unless it should be restrained by the laws of individual States, which acts might readily be regarded as a breach of comity.
The fourth section of the article gives to the States the power of concurrent legislation with the United States for the rendition of fugitive slaves, thus introducing a new topic of agitation into every State, without in any degree relieving Congress of its duty in this particular.
The fifth section prohibits the foreign slave-trade, and makes it the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor. As Congress has already, by the Constitution, full power to regulate the migration or importation of persons from other countries, there is no reason for such constitutional provisions upon the subject. It alone remains to enact proper laws and secure their faithful and prompt execution.
The sixth section declares that certain sections of the proposed article of amendment, and certain provisions of the Constitution relating to slavery, shall not be amended or abolished without the consent of all the States.