The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-17
THIRTY-FIRST CONGRESS.
FIRST SESSION.
SENATE.

| THE JUDICIARY or THE DISTRICT OF COLUMBIA.
Mr.. DOWNS presented two memorials from citi-
zens of Washington, in the District of Columbia,
praying reformation of the judicial system OF the
| District of Columbia
| Private petitions presented by Messrs.
| Downs, SEWARD, RUsK, CLEMENS, PRArT, CLAY,
| ATcHIsos, BADGER, and DAVIS OF Massachusetts.
SLAVERY.
| Mr.. HALE presented large number of petitions,
all praying the abolition of slavery in the District
of Columbia, the removal OF the seat OF govern
ment
Mr. Jones moved, and the Senate agreed to the
following resolution submitted yesterday:
Resolved, That the Secretary OF the Interior fur
nish, cause TO be furnished, for the use of the
Senate, copies Of the papers of the late Alexander
Sanders a Cherokee Indian who was wounded in
the Creek war, and in consequence thereof claimed
to be entitled to pension under the Cherokee treaty
| of 1885. Also, copy of the decision of the Com
missioner of Pensions disallowing the pension
THE PATENT LAWS.
Mr.. TURNEY moved, and the Senate proceeded
to the consideration Of the bill to amend the act to
promote the progress of the useful arts,
Mr.. Il. moved substitute for one OF the sections
of the bill, which was debated by Messrs UNDER
WOOD and DAVIS of Mississippi, and the bill was
then postponed till tomorrow
MIR. YULEE moved, and it ordered that
when the Senate adjourn, it would adjourn till
Monday.
THE SPECIAL ORDER.
The Senate then resumed the consideration of the
bill, reported by the select committee of thirteen,
to admit California State into the Union; to
tablish Territorial governments for Utah and New
Mexico; and making proposals to Texas for the
Enlistment of her western and northern bounda
ries.
The question pending was on a motion by MIR.
DAVIS, OF Mississippi, to amend the following
portion Of the tenth section OF the bill, "ThHt
the legislative power of said Territory (Utah)
shall extend to all rightu subjects of legislation,
consistent with the Constitution of the United
States and the provisions of this act but law
shall be passed interfering with the primary dispo
sal of the soil, in respect 10 can slauery" &C.,
by striking out the words in italics, and inserting
in lieu thereof, "nor with those rights which grow
out of the institution of African slavery it exists
in any of the States Of this Union"
Mr.. DAVIS said that as his amendment had not
been understood as conveying the exact meanin e
| which he intended it should, he would now, with
the consent of the Senate, Withdraw it; and offer in
place of it the following: leave the section it
stands and insert after the word slavery as fol-
| lows:
| Propided, That nothing contained in this section
shall be 80 construed to prevent the Territorial
legislature from passing such police other laws,
| or providing such remedies as may protect the
owners of African slaves in said Territory who
may remove to said Territory, in the enjoyment of
such rights as they may possess under the Consti
| tuition and laws Of the United States.
| Mr.. FOOTE said that If the amendment of his
colleague should not prevail, he would move to
| amend the same section by striking out the words
Sin respect to- and insert admitting exclud
ing"
coed In obtaining an opportunity, he would move
to amend the 39th section of the bill, fixing the
boundaries of Texas,] by striking out all relating
to the boundary of Texas, and insert as follows:
lst The boundaries of the said State ofTexas shall
be confirmed and acknowledged by her law of limits
passed by her Congress in 1886, and the sovereignty
| over the whole of the territory included in said
boundary shall be reserved absolutely to the said
State of Texas.
Cd That for the fefv nd copofort of tho
inhabitants, and to enable the Government of the
United States the better to repress Indian depreda
tons and otherwise control them in such manner
the peace of the country may require, the vari-
Indian tribes within said State shall be collected
| and removed to that part of the State of Texas
which lies north Of the thirty fourth parallel of
| north latitude, and such collection and removal
shall be made under the and at the expense
of the United States.
| Mr.. FO0TE said that, on Yesterday, he had
alluded to the remarks of the Senator from Florida
(Mr. fULEE) in relation to the probable effect to
| be produced upon the public mind by the opinion
expressed by the Senator from Kentucky that the
Mexican laws abolishing slavery now in force
in the Territory; and that the only way to meet
the effect Of that opinion was by legislative re-
cognition of the right of the South to carry their
property into the Territories. He had alluded to
| the contrary opinions expressed by eminent men
now living, which were directly against the opinion
Of the Senator from Kentucky. He had also stated
what was the opinion of the ustrious Senator from
| South Carolina-now no more.
He then read from letter published by MIR.
Calhoun, during the last summer to show that that
great statesman had declared that the laws of Mex
co, abolishing slavery, were not in force, and that
| the Constitution extended the right Of every man
TO carry his property to the Territories. So clearly
demonstrated was this doctrine, that Mr.. Calhoun,
after denying that Congress had any power TO le-
| gislate on the subject, either prohibitory Of or
extending slavery, declares that the right TO carry
slaves into the Territory is a constitutional right
and Congress has no power to pass any law de
| structve OF that right, nor preservative of it.
| The Senator from Florida on yesterday said that
! he considered the bill should be amended as 10
give an express recognition Of slavery, Of the right
70 carry slaves there the Senator requires that
shall be an express enactment by Congress author
izing slavery to be carried to the Territory. Was
this in strict accordance with the spirit or letter
the Southern address, of the letter of Mr. Calhoun
just read. The opinions OF the illustrious dead
and Of eminent men living, all denied that the
Mexican laws were in force, or that the right to
carry slaves there could be questioned. They did
not think, the Senator from Florida did, that
legislative enactment was necessary TO sustain thai
right. He had no fear that the people would be in
huenced by the opinion Of the Senator from Ken
lucky. lie had not that fear that the opinion Of tn,
Senator would alone determine the question, which
the Senator from Florida seemed 10 labor under.
Mr.. YULEE said that he had no desire 10 make
a speech on tbis question, but wished TO put the
Senator right as TO what he had said on yesterday
He had expressly said that the Mexican laws abol
ishing slavery were not in force in the territory
TO carry slaves there. But he discussing the
whole scheme Of the bill reported by the committc,
as a compromise, and had pointed out that great
concessions were made by il to the North. He had
also, in discussing the scheme Of compromise said
that the only concession TO the South was one con
tanned by implication in this section, but that the
sentiments expressed by the Senator from Kentuc-
ky, who was the chairman Of that committee, were
that slavery was abolished by laws in force there
and that slavery was already prohibited. II this
| we're the opinion Of the committee then il was nc
concession, and he supported the amendment Of the
Senator from Mississippi in order that this conces
sion TO the South might be made one in fact, and
also, that the true intent and object Of the commit
| tee in framing this section would be made appa.
! rent by their votes upon il. He had said that to
make the scheme complete this amendment was
necessary, that there might be no mistake in the
meaning Of the section.
He believed that the South had the right TO go
there with its slaves had he ever held differ.
ent opinion. But he considered that after tho speech
Of the Senator from Kentucky, in which il was
ayowed that slavery was prohibited there, he
| thought the amendment recognising that right
should be pressed to vote This was what he had