The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-03
IN CONGRESS- OF THE u. STATES.
WEDNESDAY, JULY 81, 1850.
I'm coETIsuATIoE.l

.,IroRNIA-TERRIToRIAL oovrRNMENTs--ADJUsrMENT
The Senate resumed the consideration Of the bill
for the admission OF California Into the Unon the estab
shment OF territorial governments for Utah and New
Mexico and making proposals TO Texas for the settle
ment OF her northern and western boundaries.
The PRESIDENT stated the question to be upon the
amendment submitted by the senator from New Hamp-
shire, [Mr NoRRs striking out from the 10th section
the words. ''nor establishing or prohibiting African
slavery"
The part OF the section proposed TO De amended was as
follows;
That the Legislative power Of said Territory shall extend
TO rghnl subjects Of Legislation consistent with the COM
,tuon of the United States aud the provisions Of this nct
but law shall be passed interfering with the primary
disposal o. hsso' ~@ siaSir"g or SToassst'~T Arcs~
MIR. DAVIS, OF Mississippi. Before the adjournment
Of yesterday, stated that account OF the character OF
the debate thought i necessary 70 address some re,
marks to the Senate. Had proceeded them they would
have been few and trust that they will not be more
extended 1t is due to senators that their kind pur
pose to relieve OF the necessity OF speaking at the
close of prolracted session should meet this return.
was not my design henit s not my intention at this
time or ever agan-o enter into any extended consider
alton Of this bill but being oi those who have advo-
Gated the principle OF intervention, and who adhere
10 il now if honestly applied was originally under
stood, could not allow tue remarks which were made
yesterday rendering yet more intangible than before nat
which had been defined until II became an undehnable,
ever. changing shadowy unsubstanal theory to pass
without some reply attempt TO set aside q con-
sructon so fatal not merely to the pnncipe OF nonner
menis are established
When non-interyeniion was first promulgated, it
received pledge that all citizens Of the United States
would stand equal and upon their constitutional
rights Since then, man could enumcratc the number
o changes and the varying constructions which has re.
ceived, until yesterday ii became doctrine which held
the hand OF the government poweress for the purpose OF
giving protection to constitutional rights throughout the
United States To this idea oil non-nervenilon never
subscribed. To this policy no name, however eapuva-
ting, can allure me- Such noa- intervention would be far
worse than that which have been in the habit oil con
sderng the last alternative, II not the greatest OF evils
f. - ha &fnfUa fhn hur-
den OF general government, and strip from them every
advantage for which that general government was cre
aied.
ported the bill under consderanonand TO whom never
refer except with those feelings OF friendship which
have for many years cheIshed and with nat respect
which he commands from all men-he honorable char
man OF the committee, say, yesterday announced that
deny the power 10 the teritdrial Legislature TO esab
sh or prohibit slavery was 10 admit inll power ln Spn.
ginning denied that Congress had this power, when we
say that Congress shall not delegate to the territorial
legislature the power which i has not De Ieped 70 tnat
il we withhold, exclude. or forbid the territorial govern
ment we create 10 exercise this power, we admit that
Congress has il By what species oil reasoning such
conclusion is reached, am at loss 70 imagine ms
territorial the creation Of the Congress OF
the United States, deriving all its powers and It's vitality
from the federal government; il cannot thence receive
properly cannot be permitted 10 exercse-powes Inich
the recipient Of all the sovereign attributes which the Peo
pie OF The States were willing surrender Whence, then,
NAV be answered by my friend from Michigan [Mr.
CAss as he has answered me BEFORE that they de-
rive il from God II 90, their power is above ours They
spaR as Of ,hs territories Of hs United Sass They
hold the soil and the jurisdiction in their own right and
il not for us TO delegate 10 them power TO use H. Both
these distinguished gentlemen yesterday IN arguing this
proposition arrived at the same conclusion, that we
forbade the territorial Legislature 10 establish or pronb
slavery, admitted thai the federal government had the
power to do that which forbade the territorial egsia
iue TO perform and with that came the warning thai some
day might be used TO ordain and apply the Wimot Pro-
vo Sir the conclusion Is as obnoxious AZ the premises
are uutenabe and the application is threat TO which
repy will be made when its execution Is attempted. II
now stands conclusion without an argument to connect
with the main premises 50 oa. oy oa[s
introduce into practical legislation Hypothesis so de-
srucve the repose OF many States OF this Unon so
oensive to the principles OF agcvernment o delegated
powers or seek in execution conclusions and a
pications which argument cannot justify, and the
strength Of government could not sustain But the
senator from Michigan especially pointed nus sgameni
lection for slave property was 70 acknowledge u power
in Congress over slavery. We ask only that protection
Tor slave properly w9cn hsvs : a, 70 @ every yyeas ons
legislation at The hands OF Congress We have asked
that our constitutional rights TO carry every species Of
Thai ,hs, right should be protected For myself should
much prefer the language OF the bill II prohibited the
territorial legislature from establishing or prohibiting any
Usion instead OF coninng the restriction to African
sayea All that there offensive 10 me in II that
species OF discrimination between this and other properly
which 10 constantly made in Argument here. admit no
right thus to discriminate So tar from asking such DIS
criminaon, deny the power 10 make IT, claim that
that species OF property stands uptn the same general
basis with every other ] would not have il otherwise.
would prefer now that the language Of the bill should
be modified in that respect.
But air, when we refer 10 what has been done in the
Senate upon this BILL able 10 understand the mean
ing OF those who oppose the clause is now proposed 70
strike out First, introduced amendment 70 provide
that the provisions OF the bill should not be construed
~ TO restrict the territorial legislature from passing police
laws and giving other needfu protection to the
OF dave property. That was objected to. The
found in his reading Of the amendment declaration
that saves were there. never intended TO make the
declaration. denied IL. and made reply. Weeks
afterwards he denied il again, and still there no re.
ply But now answer that my opinion is. from inor.
nation have received partly before that time, but much
more SINCE that slaves have been earned into all those
Territories Though this my opinion the amendmen
intended no such decaration the iact was not by me
deemed of much importance, and the language was pure
y hypothetical, that If they were there o. should De 10
oduced there legislation should provide police regula
tons for them, and remedies for other property.
That was found Objectionable; and though II was, o.
who opposed IT, declared to be utterly
neither good nor harm could come from nye those wn
made that declaration most violently resisted it-spok
day after day. and for hours together, against that YER
amendment which they considered 90 useless. ~
nally, in that spirit OF compromise for which, on thi
question, have received here but little credit but whicl
have exercised. az far p my scase oil duty would pei
init. when the senator ffor ayland lA1r PRArTl pro
posed modify my amendment 20 as 70 reconcile thos
friends OF the bill who lad been most opposed 70 IT, nc
xhux ot finn