Weekly national intelligencer., 1850-06-01

chuses) was not we'll and left the chamber and take ID
he does not wish be absent when the question taken.
There are likewise other Senators wish to vote on
MI. BERRIEN rising-
Mr.. DAYTON. will withdraw the motion if the Sens
tor will it.
Mr.. BERRIEN I desire 10 saw word mon these
amendments, the question is be taken upon them
and IN Inc nope that the posponement shall be made until
To- morrow 1t Will be with determination, the part Of the
Senate, then to take the vote.
Now, sir, the argument Of the Senator from New jersey
s that there conflict in the apprehension of Senators
regard the first proposed by the Senator
from Mississippi he thinks results in show that this
amendment unnecessary, and, if unnecessary that in
ought not TO be adopted; while he supposs be adopt
ed there might be at least equal degree necessity for the
amendment proposed by the Senator from Ohio Now sir
what propose say the Senate is few words 10 ex-
press the belief that entertain, that the amendment the
Senator from Mississippi necessary if we propose conducts
this discussion and action upon this bill in spirit Of
fairness, and that the amendment offered by the Senator
from Ohio is totally unnecessary. Let us look for
single moment to the state OF The question II is re-
guaon Of the powers of the Territorial Legislature
the subject OF slavery Upon the question whether slavery
exists or does in that Territory, whether may
may exist there, there two opinions Of which
is that is forbidden by the Mexican laws which still
operative; and the other is that these Mexican laws will
operate when this becomes organized Territory Of
the United States In the former case there would be no
slavery there and consequently, nothing to protect and
in the latter case there would be slavery there there
would be rights acquired under the constitution and laws OF
the United States and by force Of the organization OF this
Territory and it would be essential TO the proprietors Of
these rights that there should be there to protect them
Sir the original bill contains provision, think unad-
vedly adopted by the committees which declares that the
Territorial Leg stature shall have power - egislafe re-
specing African slavery Now, suppose the opinion which
arms that slavery may be introduced into these ierioes
and that the Mexican laws viii to operate when these
become organized Territories of the United Saiessuppcsc
that that opinion should be adudged by the Supreme Court
to be correct opinion and under that adjudication should
be decided that slaves introduced into these Terrores
what the condition in which the popetors of these slaves
placed The Legislature of the Territory shall make no
laws respecting African slavery. He who goes with his
slaves into these Territories although they are adudged to be
his properly and that he had right upder the judicial dec
carry them there, the moment he gets them there
they beyond the protection Of all law they Withdrawn
from the protection Of the laws Of the State where they had
projections and carried into Territory where there is no
power competent afford protection for it cannot be doubt
ed that inhibition to respecting African slavery,
which the words Of the original bill is an inhibition TO
admit exclude to make any regulation concerning it.
Hence the importance of the amendment offered by the Sena
tor from Mississippi The provision OF that amendment is
supPosedw authorize an implication that Congress IS about
TO lend their sanction armance Of the right OF the slave
holder introduce slaves into that Territory Sir does
that the language too plain to render poss-
bic that such msapprehensn could be in What
! is the language Here il is:
"Provded that nothing herein contained shall be
prevent the said Territorial Legislature from passing such
laws may necessary protect the rights property Of
every kind which may have BEEN or may hereafter
ably the constitution and laws of the United States be held
| in orintroduced into said Territories"
i Leg1sa
the power Of passing laws which may be protect
the right of property Of every kind hereafter held in
that Territory held therein conformaby TO the Constitution
| and laws Of the United States.
Sir, resolves itself single question Is proper
y which held in these Territories conormaby to the con-
situion and laws Of the United States, entitled to the pro-
lection of the Government or is il not II the decision Of
the Supreme Court of the United States should be that sa
very exist in New Mexico Desee why cannot
be held there conformaby to the constitution and lawsN the
United States, and consequently the Territorial Legislature
Cannot under its authority, afford protection But
the Supreme Court Of the United States should decide that,
by the organization Of those Territories the Mexican laws in
hbng slavery have been superseded and that the rights Of
the slave attach TO that property when removed into
those Territories then that properly is held there conform
ably the constitution and laws of the United Sates, and
do believe notwithstanding all the agitation that there has
been upon this subject and the in which this discus
sion has been carried have not yet arrived the point
when any me mber OF the Senate will rise in his place
that Eropery which he holds in conformity to Inc
cons tuition and laws Of the United staes entitled TO the
protection Of the law !"
! Mr. DAYTON M President Idesre TO answer wcrd
ia reply to which fell from the Senator last upon
the floor for, if understand at all bis legal position, differ
from him entirely as to the construction Of this bill The
original bill provides that the Territorial Legislatures shall
pass no law respecng African slavery. Now, sir, what
does that provision mean for it is that which lies at the basis
of this whole thing. Shall pass law respecting African
slavery. Why, s that appears to me clearly to mean that
they shall pass no laws relating to African slavery
institution that it shall neither create abnegate it.
Does any understand that under this provision The Ter
police regulations for public safety, though relating to slaves
if slaves should be legally there
SEVERAL SENATORS. Certainly.
Mr. DAYTON. Gentlemen say certainly Such is their
opinion, doubtless, but such is not mine.
MI BERRiEN. We have right TO our opinion
Mr.. DAYTON. And to mine What do you mean BY
police laws That negro shall not be out at certain
distance from his plantation without permit that be shall
not carry arms that slaves shall congegae in unusual
asembages that they shall be found away from home
after certain hour Of the night that they shall not have ase
Of FIRE arms &C. Now, sir is the passage of laws OF that
sort passage Of laws respecting African slavery Is that
fair construction Of the Of this provision do not
think i. is hold these be laws for the protection OF
m property and society. Neither Congress the States
can pass law respecting the establishment OF religion,
yet they every where regulate CONTROL and protect re
gous assemblies They make police laws on that subject
but this clause neither for the introduction nor for the der
| structon Of African slavery.
hold therefore, that if African slavery be there ID The
Territories the Legislatures without any other provision
than contained the original bi pass all the police laws
necessary for It's regulation, in order to protect society from
riots improper assemtsges conspacies, or whatever else
may be regarded dangerous to the public welfare hold
therefore, that if it should BIO decided by the Supreme Cous
the United States that slavery Ightuy go into the
Territories under the constitution and laws OF the UniteO
States, is necessary to make any additional provision
for its regulainn,hat the will rest With the Terto-
rial LIE gsatures to regulate is a matter Of course.
One thing certain, that the honorable Senator from
Kentucky (Mr CLAY) who bears the burden o this bill,
does think that the ndment offered by the honorable
Senator from Mississippi will make change in the eecs
Of the original bill while the Senators from Mississippi and
Georgia thk direo y the For own part, do