Weekly national intelligencer., 1848-08-05

been exercised admission state bu
Wisconsin He was mistaken; and he would sec he wa
mistaken if he looked at the admission of Indiana Michigan
and Illinois. He would advise the honorable gentleman
examine into this. He would find that they had Govern
mens granted to them similar in all respects to the provi
sons of the ordinance Of 1885, = and did the ordinance
'S7 prohibit slavery Did not the gentleman from Virgin,
know that the Legislature Of Indiana had at one time petition
ed Congress TO suspend the restriction But why ask that
be suspended II 1t had existence The petition
ected indeed but proved the existence Of the restriction
There was no solitary instance of Territorial Government
since the adoption Of the constitution which free, where
slavery had not been directly prohibited had been done o
more than fifty years. Every foot Of free soil bad been kept
free. Why had suddenly been discovered that this was
| an invasion of the tights of the South
Mr. BAYLY said that if proper time were allowed him he
could answer the gentleman, and satisfy any candid mind that
his (Mr. B.'s) position correct
Mr. SMITH said it impossible for him TO spare the
gentleman any more of his time, which rapidly pass
ing away He did not know whether the gentleman consd-
cred Mr. S as possessing canddmnd not but he claim
ed to know the common meaning OF language. When the
law said " in all respects similar the ordinance of 1887
he thought It meant to prohibit slavery
Mr.. DUER reminded Mr.. too that the ordinance used
the word "inhabiants which was Of the widest meaning
Mr.. McLANE understood inquire (but he was not
distinctly heard at the Of the Reporte whether the pro-
hbiton existed any where beyond the limits OF the Northwest
Territory to which alone the ordinance OF 81 applied
Mr.. SMITH said, Yes outside Of that Territory Where
the soil was free slavery had always been prohibited
Mr.. MsLANE was further understood to ask whether Mr.
B. had found any where had been prohibited by
the Missouri compromise or by the ordinance Of 'S7
Mr. SMITH was heard (amids much disorder and
saon acros to say that embraced all the territory Of the
United States.
Mr.. McLANE inquired whether Mr. s. meant to refer to
Arkansas and Missouri
What Mr.. SIS reply may be known to those within
few yards Of him.
asked to take new position to adopt entirely course
and extend slavery territory free 1t amounted to this
that the Congress of the United States representing free as
well slave States should engage the business of extend
np ad his rvpthe d0na
gress had acted in the restriction Of slavery in
tension They called to establish it. Had Con-
gress any power establish it Would genemens zeal in
favor OF their institution carry them far that had
1t had never been attempted before To do what now
asked would be virtually establish slavery in all the States
we'll all the Territories of the Union. He would ask
his friend from Illinois (Mr. McCLERSAsD) whether he was
willing to stand up his Legislature and that
half Of the State Of Illinois should be given up the presence
Of slavery He knew he would yet he for estab-
fishing up to certain line in the Territories the Pacific
misrepresened him. All he proposed that the States
south Of $50 80 should determine the question Of slavery for
themselves He said nothing his amendment which he had
proposed about slavery in the Territories.
Mr. SMITH said he had then misunderstood the terms Of
the genilemans amendment As to the States being allowed
to decide the question of slavery for themselves they could
not be prevented from doing that it their right Con-
gress could prohibit slavery within any STATE For Con-
gress TO declare the gentleman from Illinois proposed
would be supererogaory legislation When the people of
State made their constitution they could do that sub
Just what they pleased. would whether
any representing free State would be willing
establish slavery where ii was not ?
But it was insisted that to prohibit slavery in Territory
which had been acquired by the and blood
of all the States doing gross injustice the avehodng
States. Was there any thing unjust in this Congress
now to shape the constitution OF Territory. Was there
any injustice saying that they should be free Suppose
Congress should say that slavery should be established there
would that not equally exclude settlers from the North
Mr.. HOLMES was understood to say it would not, for
Northern people constantly into the slave States
Mr. SMITH. Would they be excluded by the estab-
lshment of institution which against Northern feel
ngs and Northern interests !,
Mr. HOLMES said that Yankees would 90 any where
They came down into Charleston Why would they not go
into Territories where they found slavery
Mr. SMITH said that every body knew that in selecting
region wherein settle for life, always greatly
uenced by knowledge OF the laws and that pre-
vailed there and this especially of slavery and slave
laws If indeed Congress passive the subject that
would be another affair but in that slavery would
exist IN the Territories because did exist there and
prohibited by law. But gentlemen not satisfied with
this they wanted Congress to establish there
tended that Southern had right go into those Ter
rtories with all his property Well, he had right there
fore carry his slave there then by the reasoning he had
right with his slaves into Indiana for the consiu
ton gave him equal rights with the people of oil the States
ino which he citizen Of Pennsylvania had right
there with his property and could citizen Of South
Carolina go with bis Had Indiana right to exclude cit
of New York from coming there with his and
| Mr. HOLMES said, Yes, she had.
l. Mr. SMITH said State had right to prevent the ci-
Of another State from coming there and bringing his pro-
pery with him. But the whole lay maintaining that
slaves property He admitted that people Of all the States
permitted 10 come with that which recognised as
property by the constitution, by the laws Of Nature and by
the laws Of God they might bring their horses and their
lie and their goods but this did prove they had right
to there with slaves. mans horse bis property
and he had right there with bis horse and he had
right kill his horse he pleased he might shoe, him
through the head upon the highway because horse
cognsed property by the laws Of all civilized nations But
he could kill his slave he could beat his brains
shoot him down the highway. Why Because be was
property. There existed indeed peculiar relation be-
tween and but that relation created wholly
by positive statute. Let him suppose Gentlemen
said had right TO 60 into the Territories with bis
slaves because in the slave States these regarded pro-
pery recognised by law Now suppose the laws of South
Carolina recognised the right of marry wives
many wives at the time suppose bigamy or poly
gamy be permitted by the laws Of South Carolina would
be maintained that might go the Territories and
live there with half dozen wives once He would have
right do this than go there and hold his slaves
Both institutions existed only by positive municipal law and
municipal regulations extended further than the jurisdiction
did which established them.
Il perfectly clear to Mr. s. that Congress had power
to exclude slavery from Territory, and he was free
that power because every Southern mind recognised
and admitted il to be an evil.
Mr. HOLMES do not admit il to be an evil hold
TO be the greatest blessing that God ever conferred upon
Mr.. SMITH said he conien,ed with the decision on
that subject Of such Southern minds those Of Warrington
and jefferson and Mason, and more who all had sd
4 n In he p,tM