r, as incapable of saving the Union. He would pass by
the former without remark, as Mr. Clay had been replied to by several
Senators. The Executive plan could not save the Union, because it
could not satisfy the South that it could safely or honorably remain
in the Union. It was a modification of the Wilmot proviso, proposing
to effect the same object, the exclusion of the South from the new
territory. The Executive proviso was more objectionable than the
Wilmot. Both inflicted a dangerous wound upon the Constitution, by
depriving the Southern States of equal rights as joint partners in
these territories; but the former inflicted others equally great. It
claimed for the inhabitants the right to legislate for the
territories, which belonged to Congress. The assumption of this right
was utterly unfounded, unconstitutional, and without example. Under
this assumed right, the people of California had formed a constitution
and a State government, and appointed Senators and Representatives. If
the people as adventurers had conquered the territory and established
their independence, the sovereignty of the country would have been
vested in them. In that case they would have had the right to form a
State government, and afterward they might have applied to Congress
for admission into the Union. But the United States had conquered and
acquired California; therefore, to them belonged the sovereignty and
the powers of government over the territory. Michigan was the first
case of departure from the uniform rule of acting. Hers, however, was
a slight departure from established usage. The ordinance of 1787
secured to her the right of becoming a State when she should have
60,000 inhabitants. Congress delayed taking the census. The people
became impatient; and after her population had increased to twice that
number, they formed a constitution without waiting for the taking of
the census; and Congress waived the omission, as there was no doubt of
the requisite number of inhabitants. In other cases there had existed
territorial governments.

Having shown how the Union could not be saved, he then proceeded to
answer the question how it could be saved. There was but one way
certain. Justice must be done to the South, by a full and final
settlement of all the questions at issue. The North must concede to
the South an equal right to the acquired territory, and fulfil the
stipulations respecting fugitive slaves; must cease to agitate the
slave