Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-19


April S, 1887.
From this take for granted that nobody will deny that
slavery abolished in California and New Mexico at the
time of their conquest by II slave that time
had brought an action for his freedom against his master
fore the Of the county, does any doubt but that
the under the law then in force would have declared
him to be free And our Court has decided that in all
such the laws Of the acquired territory force the
time Of the acquisition shall remain in force the Lalo Of the
place until altered by competent authority, any doubt
that they would decide the question just the Mexican
would have decided il at that time,
with pain have heard illusions made to the present
composition Of the Courfve judges from the South, and
four from the North and that therefore, the question would
be safe for the South in their hands, had majority of
the bench. consider such argument gross impuaion
upon the Court and greater disgrace could be attached
the members Of it, the country than decision made
from such considerations No Judge whether the
North South, could be influenced by such motives
until he became corrupt and debased the execrabe
Impeythe infamous tool OF Hastings. If thought such
motives could operate upon the Court that would be the
las, body in the world would refer the decision of any
question to. They should not decide upon the life ofrmy
dog il could prevent it. But while advocate Of
referring any political question to the decision of that Court
nevertheless bound to believe that they would decide
honestly the best Of their judgment Such believe have
been the decisions which have alluded And after read
ing those DECISIONS can any man doubt to how they would
decide the supposed case put the question to the good
and calm judgment Of the House.
Sir 1t is useless to attempt to evade get round this point
not for at this time TO say any thing about the
fore the House. is my duty know the law as the
court has decided il, let my constituents know like
wise and not to rights by any such reference Of
them.
If the constitution of the United States does not recognise
s!avery.1
Mr.. STEPHENS continued. Yes, sir the constitution
cognses slavery, but only when it is prohibited by the
laws of the State place. for the purpose Of protecting
there The constitution recognises slavery in Tennessee and
Georgia, and in all the States where slavery exists by law
but does not recognise it in New York Ohio any
Stale where it prohibited by the law of the State except
far provides for the ecaptue of runaway slaves The
constitution recognises and guarantees slavery wherever
lists by the local law, but establishes nowhere where
prohibited by law. The constitution as have stated,
pressy recognises slavery when is prohibited by the
law Of the place. but only far provide for the recap
ture of runaway slave If slave escapes and gets
free State the constitution the right of pursuing
and retaking him; but if voluntarily take my slave into
State where slavery by law prohibited have right 10
retake hm he becomes Free No will question this.
And slavery is prohibited by the local law Of the newly
qured territory the only guaranty the constitution affords the
STAKEHOLDER tbs right of ecapue he escapes and gets
to those territories. The constitution, say, fully and amply
recognises slavery where exists but establishes nowhere
where prohibited by law 1t important that the public
mind the South should not be med upon this point The
constitution establishes carries slavery States
Territories where by law is prohibited, than it establishes
carries any other right OF citizen which depends upon the
| local law.
The constitution all the citizens of all the States
titled by the laws of the place. If Virginia Georgia should
abolish slavery, the constitution would establish
there than has re-eabished in Pennsylvania New York.
and other States where has been abolished The constu
ton carries the local law Of slavery of any State into
State or Territory where by law il is prohibited than il
ries any other local law than carries the law o.
interest upon money the statute Of limitations the laws of
distribution, the penal laws Of State. And sir if this
compromise bill bad passed. how could the have been
protected against the theft purloinng of his slave BY
what law would he have sued TO recover HIM BY what law
would the sale and evidences Of title in slaves have been de-
termned Each Of the States has its own laws upon
this subject And the constitution carries the laws Of the
States into these Territories does carry the laws of all
any particular one And fany one, which is it
Mr.. Speaker, this is question too clear 10 admit Of argu
men
Mr.. STANTON again interrupted, and was understood to
say, the gentleman, them holds that is within the power Of
Congress extend slavery into territory where by law does
not exist
Mr.. SrEpHESs. My position, Mr. Speaker is this That
slavery an institution which depends solely upon the
cpal law Of the place where exists and il prohibited
by law in these Territories at the time Of the conquest
not exist there until the laws Of the place be altered by the
competent awmakng power for the Territory. In regard
these Territories and the rights the South hold that when
the stpuatons Of the late treaty shall be complied with and
the money paid which provided for in it, they will consi-
acquisition, made cost the common blood and
treasure Of the whole Unon towards which the South con
buted generously the North and in which the South
entitled to just and equal participation and that it is the
duty Congress to see TO it. that the and equal rights Of
Buuoeu, proteceu, neces-
say legislation The right acquire and to hold territory
brings with the duty govern it, The Supreme Court
decided and in governing, il is the duty of Congress
act justly and fairly towards the rights and interests Of all who
entitled to equal share in the domain. This
sir, is my position and upon il shall stand fall
The same position, see, taken by meeting Of the
Democratic party in the city Of Macon in my State not
long since.
Amongst other resolutions as see in the papers, they de-
CARED
"Tha Senators and Congress should
TO that the rights of the Southern people should be
endangered during the period the Territories shall
der the control Of the United States either from the connu-
ance OF the municipal laws of Mexico from the legislation
Of the United States"
stand upon the principles Of this resolution II the true
ground in my opinion, for Southern occupy. shall
never give my sanction, while have upon this floor
any Legislation on the part Of Congress by which the rights Of
the Southern people an equal and just participation in these
territories while they remain territories shall be endanger-
ed nor shall those rights be endangered surrendered
by my approval by ga continuance Of the municipal laws Of
Mexico. This compounds bill sir did, in my opinion
danger and surrender the then rights Of the South by
tnuance Of the municipal laws Of Mexico" which OF
force at the time OF the conquest and by which slavery
abolished there Sir set by stating that should
only challenge, but defy, reutaion Of my positions and
now repeat the same The rights Of the South only
endangered, but totally abandoned in this compromise Its
passage would have been for the South than the Will
mot proviso in express terms for the principles upon which
is Southern friends advocate be true-thatis IL
sfion the Southern stakeholder has right and
hold his slaves IN these territories notwithstanding the exist
ing municipal law OF Mexico by which slavery abolished