The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-25

The PRESIDENT slated the question to be upon the
amendmeni Of the senator from Virginia [NIr Mason
MT BRIGHT. am one of those who have resisted
The incorporation into this bill of any amendment of this
kind This was admitted from the beginning TO be a
Propossl n no. german to the bill and i ought not to
understand from the decision OF the Chair that my
ton is in orderto strike out all that relates 10 this sub
ect, eaying-lhe bull Just where found it,
The PRESIDENT, The motion is out of order The
motion OF the senator from Virginia first made and
this does not take precedence.
Mr.. BRIGHT Will the senator from Virginia Mr..
MAsoNl accept my motion as an amendment of his own
Mr. MASON We incorporated in this bill provision
for the government OF California. giving them laws and
civil officers The House of Representatives have stricken
out that whole amendments and send us one back which
provides in the first section for the military occupation
OF the country and IN the second for the enacmentof
the existing laws of Mexico until the lth of July, 1850
unless Congress should sooner otherwise provide The
motion have made is TO strike out the second section
which rec nacs the existing laws of Mexico, leaving
ton OF the country With all the disposition in The
world 10 yield the suggestions of Others must say TO
the gentleman from Indiana Mr. BRIGHrl that cannot
be taken upon The motion which have submitted
MI BLIGHT move TO amend the amendment by
striking out the entire proposition.
Mr.. WEBSTER Ii cannot be done
The PRESIDENT That motion is not in order
Mr. BRIGHT viii IT be in order after the vote upon
the amendment of the senator from Virginia Mr. MAsoSl
to move to strike out the whole?
The PRESIDENT replied that il would be in order to
disagree to the amendment.
W.T.. bFlttl Elm desire TO make one more effort TO
preserve. if ii be possible this bill If can have the
attention of senators for moment, will briefly explain
my vews and with the assent of the senator from Nr
glnia' VII submit the motion which propose for the
accomplishment OF that purpose
The bill has been truly explained by the senator from
Virginia; the FIRST section constituting military govern
ment ana the second -enaclng the existing laws OF
Mexico. 1t IS said that forasmuch the provisions of
The constitution so far as the same is applicable are
tended to Mexico, these Mexican laws are controlled By
the provisions of that constitutions and therefore no an
prehenSlOn be entertained by adODnp
Now, sir II 1t be true that by extending the provisions of
the constitution to these territories, the Mexican laws
will be subjected to their CONTROL and only operate
subordnalion to the constitution, if sincere
when they express that opinion and If they entertain
the same time the belief that there can be conflict be-
tween the constitution and these Mexican laws, why
should we go through the useless legislation of proyi
ding for the existence of laws which, consequence Of
the extentlon OF the constitution to those territories by
another clause OF the same BILL can have operation
Mr.. MASON. ! comprehend, | believe the view of
the senator from Georgia, and will accept his mol6ca
Mr. BERRTEN propose, then, instead of motion
TO strike out the second section to strike out these
words 1.-THE existing laws thereof shall be retained and
observed, and that"
Mr.. President the advocates of that amendment main
tain this proposon-that the laws OF conquered or
coded territory continue to be OF force until they
New Mexico and California If gentlemen then contiGe
in the opinion they have expressed of the law of nations
that already done which they ask 10 do by positive
enactment Now, sir, am free to concede the PROPOSE
ton that the laws of conquered ceded territory do re-
main in force, so far they regulate the relations be
tween individual and individual and so far as they do not
conflict with the political law al the conquering
curing country take that TO be the proposition which
is laid down in the which is often referred to in
this discussion-the case of Tanter. Well sir, if that
be the true state of the case if gentlemen satisfied OF
the correctness of the opinion they have advanced this
enactment OF those laws supeerogatory; for the
law OF nations operates to preserve in force Mexican
laws until they are repealed The only question will be,
whether those laws which relate to the subject occasion
ing this discussion are laws regulating the rea-
tons between individuals or are political laws, which
fer That question wish to leave open for the
decision OF The supreme judicial tribunal. wish,
therefore, to avoid the express enactment OF Meyi-
can laws. ! wish TO leave the subject under the
operation OF that principle of international law which gen.
temen have invoked and upon which they rely and go
with them before the supreme judicial tribunal of the
country, and let them decide whether they right
in considering law regulating slavery law which
passes with the conquered country and remains, not
whsandng those conquess and transfer the reverse
wish to leave that question open and that question
will be left open If the Senate will adopt the amend
ment have proposed | entertain. and have no doubt
that other senators also entertain the opinions expressed
here upon the subject The extension OF positive laws,
so far as the principles of international law operate
is altogether unnecessary, according to the argument
which is maintained by gentlemen. If they will
adopt this amendment, then it is brought into condition
to be determined by the supreme judicial tribunal how
far the laws OF coded territory operate after the transfer
to what class OF laws this principle applies Here will be
opportunity for discussing and having that question
decided We maintain that the laws of a coded territory
which are continued alter the transfer only those
laws which relate to individuals, and that those laws
which of political character do not remain in force
after such cession or transfer Them sir the general and
the only question, we maintain, will be, whether the
law regulating slavery in the United States, the laws
regulating slavery Mexico, laws OF political char
acte or laws merely regulating, affecting the regula
tons between individuals We shall then have to in
qure whether constitutional provision, which makes
slavery the basis OF representation, whether the constu
tonal provision which makes slaves subject of taxa
ton
Messrs CAMERON and HANNEGAN. "Question /"
Mr. BERRlEN. Who calls question:"
Mr. HANNEGAN. | said Question" but was al
the moment engaged with friend, and hearing another
senator call question me, supposed that the
senator from Georgia had yielded the floor. do not
know whe il was that heard
Mr. CAMERON. ] said question" because was
astonshed--
Mr. FOOTE. call the senator from Pennsylvania to
order. He has right to talk heresull less inter-
rupt other senators. His term of office has expired
The PRESIDENT. The senator from Pennsylvania
is not in order
Mr. BERRlEN 1t is difficult to repress the feelings
awakened by more than one incident which has accom-
panied this dscusslon and if there be any incident which
could excite feeling of scon if not for the
tempt which IT awakens ia the attempt to interrupt
senator OF the United States in the discharge OF his duty
BY
Mr. CAMERON ] rise to a question of order wish
TO know whether this Is proper language to be used
Mr. FOOIE. tbs very proper. -,
Mr.. CAMERON did not ask for the opinion OF the
senator from Mississippi but for the Presidents opinion.
am good and much better judge OF what is proper
than the senator from Mississippi can be Here per-
sona difficulty occurred between Mr. f. and Mt T., here
Mr.. BERRIEN | have no, occupied the time of the
Senate beyond what necessary to explain the phr
pose of nv amendment. will recapituate briefly the
proposition with which | was about to sustain that