Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-16

mttee propose that Congress shall not decide IT, but that
shall be left 10 the constitution This is certainly very in
genous way lodging the question: by throwing back upor
the constitution what the constitution has referred Congress
And how the Supreme Court decide whether slavery
lawfully exist in Territory not when Congress has pass
ed law the subject The constitution confers on Con
gess the power of passing naturalization laws but if il doe
not exercise that the court take cognzance
the subject The question OF slavery cannot be determined
by the constitution and if the court decide the question
at all, it must be the principle that slavery exist
without positive law to sanction it, that the Mexican law
prohibiting il is still in force.
That the Mexican law not abogated by the transfer
the country the United States be generally admit
ted But there appears be doubt whether any such law
consttuonay existed in Mexico What has been read here
is decree Of the President; but Mexico had, the me
constitution, by which the making power conferred
the Congress This decree, therefore, may be valid.
But admitting that there Mexican law now in force in
New Mexico and California prohibiting slavery does this bill
provide any remedy for enforcing that law Can the ques-
ton be removed to the Supreme Court The right Of appeal
from the territorial court is the from the circuit court
from which appeal allowed only when the matter in dis
pue is thousand dollars No slave Of that value
The Senator from Maryland (Mr. JoHNsos,) Of the
ables and most learned lawyers here tells that
not be carried to the Supreme Court under the provisions Of
this BILL Why, then, told that this question is to be
decided by the Supreme Court Is there not something
strange in this proceeding law without the of en-
forcing it is law at all, for any practical purpose If this
true to this bill is it not mockey, having all the ap
pearance OF an intentional deception or trick
cury is this against slavery Can helpless and dependant
slave, without in the world prosecute suit for his lib
erty before court two thousand miles off where his might
be delayed several years. and be attended with thousands of
dollars of expense And there is great uncertainty hanging
the whole subject Slavery is Defined certain in
erest 1t is the right which person may have in the
vice of another and this interest may be greater less s-
very in country may be different from what il is in anoh
er; and in this country is different in one State from
what it is in another There may be some forms OF slavery
existing in California and New Mexico There is what
called peon slavery, the right which creditor has the
service of his debtor And have been informed that the In
dian chiefs sell their prisoners to the Mexcans slaves
Mr.. President, personal liberty right too sacred to be
left in such uncertainty Congress should, by direct act
prohibit slavery This would all doubt If this
not done, slavery may be introduced if there Me1i
can law against it. Slavery has been introduced without law
in most countries where it has existed Such was the
case IN all the American colonies wish to look the ques
ton in practical light rather tharn its legal aspect Does
this bill afford sufficient guarantees for personal liberty and for
the exclusion of slavery There will be appeal. was
struck with remark Of the Senator from Vermont, (Mr.
PHELPS to what tanspired in the committee He said
that the honorable Senator from South Carolina mr. CAL
HOUR apprehensve that there would be combinations at
the North to carry this question up. Does this look like
wish to have the question decided by the Supreme Court Sir
the practical result will be- that the question of slavery in these
Territories will depend the territorial judges and the Pesi
dent Who will those judges be- who receive their APP
ponment from the present Executive from either Of the
candidates in nomination by the great parties Will
they be from the slave States Who that knows any thing
of the past doubt i With President for the next four
years in the slave interest," depend upon slavery will find its
way 10 the shores of the Pacific
And how does this bill dispose of the question of slavery in
Oregon lying north of the degree and where I'M
I'll recently thought that slavery could CO. that any
could entertain such thought Oregon is douby
eefee by the Of God who created and BY the act of
the people who nhsb it. Those frontier people, those po-
in civilization have abolished slavery And what does
this bill do Why, abrogates their law give slave
chance TO poue its SOIL The law to remain in force
for three months after the first session of their Legislature
This great boon freedom three days Of grace are allowed
it before it is to The Legislature, true permit
ted to re-enact IL But why do you abolish it Must not
this be considered rebuke the people for eacng such
law You say TO the Oegonians, You hasty enact
ing such law you must reconsider the subject and with
more deiberaton and judgment And you tell them in your
speeches here that liberty is natural right but boom
high privilege, TO be acquired only by great effort This is
significant hint to them that rude frontier people pre-
pared for the high privilege Of liberty and that il be
modified and tempered with The element of slavery.
IMr. ~ having yielded the floor TO Mr. BALpwIS he moved
that the Senate adjourn The yeas and nays were asked and
ordered when the members absent from their seats return
ed, and the motion negatyed.
Mr. Mills This Is encouraging will proceed very
deliberately After this examination of this BILL ask in what
the compromise consists What does contain favorable TO
the free States, who oppose the Introduction of slavery into
these Territories Is there single provision in the bill IA
vorabe 10 liberty Are there any barriers up against the
encoachments Of slavery On the contrary is not the bill
every way trucking TO the slave power l. it not framed
obstruct and render imperative the laws force in
those Territories excluding slavery Theaw prohibiting slave
in Oregon is abogaied and the governments in New Mex
leo and California are inhibited from passing any law respect
ing slavery OF course they prohibit il and if the
Mexican law is found defective insufficient to exclude slave
y evaded then law be passed to remedy its de-
fecs to give efficiency. The compromise is all one
SIDE All the provisions Of the bill favor the introduction Of
slavery.
This is compromise Of which know no example, unless
is the fable Of the lion and the other beasts of the forest in
the division Of their sPos which, having been separated into
two paris the lion said he entitled 10 one for his superior
courage. and strength, and them putting his paw, with
gow the other part said Let him take this who dare
Thus in this compromise the slave power claims right
all Of the territory where, by the silent operation Of the con-
stuon" slavery be easily introduced and them putting
It's ownng paw the other part of the territory says Let
him take this who dare let him appeal the Supreme Court
who dare to arrest the silent operation Of the constitution
dismiss this bill by denouncing poor miserable con-
tvance to smugge slavery into Territories where the law does
not admit -as an attempt accomplish covey and under
the disguise Of the silent operation of the constitution what
dared TO do openly 1t would have been little too
bareaced have enacted form that slavery should be intro
duced into those Territories.
Here Mr. n moved that the Senate ADJOURN and the yeas
and nays being ordered absent Senators and
voted down the motion.
Mr.. NILES | am content TO 20 on, but fear the older
members Of the body may not hold but f the trial too
great not responsible. Having said all propose TO
say in regard 10 the BILL shall proceed 10 consider the
subject which the bill relates the question OF slavery in
these Territories. Before entering upon that question: may
well take notice of the crisis which il seems TO be adj
mitted all hands i threatening the country, and glance
some of the which have produced it. There crisis
rhipo lint ID a.