I admit that such a compromise as that ought never to be
sanctioned or adopted. But I now call upon any senator in his place to
point out from the beginning to the end, from California to New Mexico,
a solitary provision in this bill which is violative of the Constitution
of the United States.
Sir, adjustments in the shape of compromise may be made without
producing any such consequences as have been apprehended. There may be
a mutual forbearance. You forbear on your side to insist upon the
application of the restriction denominated the Wilmot proviso. Is
there any violation of principle there? The most that can be said, even
assuming the power to pass the Wilmot proviso, which is denied, is that
there is a forbearance to exercise, not a violation of, the power to
pass the proviso. So, upon the other hand, if there was a power in
the Constitution of the United States authorizing the establishment
of slavery in any of the Territories--a power, however, which is
controverted by a large portion of this Senate--if there was a power
under the Constitution to establish slavery, the forbearance to exercise
that power is no violation of the Constitution, any more than the
Constitution is violated by a forbearance to exercise numerous powers,
that might be specified, that are granted in the Constitution, and that
remain dormant until they come to be exercised by the proper
legislative authorities.
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