The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-16

power is not part of this government The reay-sns
i king power vests in the President and n the Senate
the one 10 negotiate. toe other to raify and confirm.
is drawn from the treaty y-making poweE and belong
TO that, grows out oil IT, then Il belongs 10 the Pgesl.
dent and the Senate, and not to Congress The treaty
making power is the power TO acquire and having ac-
qued, the transferred properly IS nnde all the conditions
OF the constitution II then TO be governed according
70 70 is principles Il matters not how J. was obtained
The constitution is supreme over IT, and there be
paramount law The constitution Is the bond between
The States the power holding Them ogetherthe agree
ment by which they act in concert. No power can be
exercised by any department this government and least
q all by s legislative department, which Is not derived
| from that source
But the senator from Kentucky did not stop here. II
he had paused al this controvered pontf he had only
asserted the constitution gave power at one place OF
another-it would not have presented the dangerous
tie declares-and his position his high name, may do
great injury by the declarationha slavery does not
exist that it is nterdcted by law from the Territories
acquired from Mexico and, moreover, that is excluded
by decree, which remains supreme in the land The
senator quoted no law He referred to date when there
was no law Upon that point took issue with him. and
upon that point propose TO present the proof have
here sir the act of 1924 the decree OF s29 and the act
Of 1887 in the original language, which all that
purpose, have had hsm translated The act Of 1924 is
for the prohibition OF the traffic in slaves II declares
t'DEcRgE l3rH JuLY, 1924
"P,ohibtion by Coagrss IN The Ise1c IL Slaves.
rhe Sovereign Constituent Cougres OF the United States
Of Mexico has hongatH proper TO decree as follows;
= The commerce traffic savesis forever prohibited
In the oil the United oil Whdt
~ Slaves which shalt be Introduced against the Of
the orcsong article are Free from the single fact OF tread
"3. Any vessel. whether national foreign in which
slaves shall be Introduced shall be reversby forfeited,
with all its cargo and the owner snpercarKo captain
and pilots shall suffer the punishment, OF ten Years
IA This decree shall have effect from the very day Of il
pub,cano But as 70 the psnaitles prescribed N Tie ore
win reference The colonists who, virtue OF the law
the ih Oitober last 10 the cooz ,on OF the ishmus
,rotacng them INTO Mexican territory"
This prohibition against taking slaves iuto Cali
forna and New Mexico iron the United States, while
those Territories belonged 10 the Mexican republic. This
il the only pronbilion and Il is now clearly Imperative
Next is the decree OF 1929. the decree OF usurpe
passed by FERNS OF law, but IN violation oil them II
declares:
"i5rH DAY April, 1879.
decree of the asa, Uir IF Extraordinary
Poosrs.--. Aboiiiion Of Staoey ia hs Repabic
81 Slavery is Tor literally renans) abolished In the re
- Those are consequently flee who were heretofore
g Wien me condEron Of The treasury admits of it, the
propretors Of slaves Will be inlenned manner TO be
svli by the laws /"
That decree was not executed That some propretors
lost slaves is not doubled hut that il wa. lot ~ y
executed is clear. from the ia that, In 1887 legislation
occurred, 10 carry out the object OF the decree:
''5rH DAY, APaIL 4. ISL.
Saveryi Tor ains) abolished in the republic, with
a. Slavery is Or literally renains) abolished, without
any exception, in all the republic.
or sy The decree SS Of the i5tn sepenbe ss amnay
nonth pge 2i37 Will be ,nde n,fsd for the va'ue OF
shsr qualities; for which purpose judge VIII be
named by The coulmsarJ g-neal, or his representative,
iaa' aa@ed b. the psosel eontatioaal aieid., with,
nierposlon OF appeal Of any kind fon this decs on
eeeve regards the eng'ants of Texas that may have
taken pat Ia the revo ution oi that department
80 The same owners to whom will be given gratis the
original documents OF valuation reteTred tue
article will pres them the supreme government
wI ordan the general treasury issue the CORES
pondmg bonds for value OF the respective amounts.
'rhe payment Of said bonds viii take place IN the man
wnlch the government judge most equitable, con-
catng right, OF individuals with the actual state Of
the public funds"
Here il will be seen, by comparison that whenpepe-
tuiy is intended distinct expression is used as in the
act of ls2i-pa siempre, forever this Is not iound IN
The abolition decree act of Congress How therefore,
do gentlemen learn The intent aai how will they proceed
TO give the stamp OF eternal 10 the act oil agovernmeni
which furnishes annual revolutionsl
This law was never carried out So far as have been
able TO learn the appaisement, which was part OF the
nor in any manner compensation rendered More SIR
far have been able to learn this decree for the abb
oio6 Of slavery and the act OF 1897, were both IN ylo
alion OF the wishes OF the States and individuals par
tcuarly concerned Il enacted against their will, By
usurpaton OF power first the part OF the dictator, and
secondly on the part of The Mexican Congress-.
We have in our practice, and in principles OF gov
enment nothing which be considered as parallel TO
dictator, as known in the history of Mexico. The
period OF invasion and mmnenty great danger. mar
tiaI law should be declared over the whole ot The
United States Suppose, in that that the Executive OF
the United States vested with extraordinary power should
decree that slavery abolished throughout the United
States by virtue of the powers which he held under The mar
ta law does anybody believe IL would be submitted ol
VIII any contend that such decree would have the
validity OF law in this Union Will any man contend
that ii future Congress should legisale in conformity
thereto and to compensate those who had los. he
under such decree, the owner would be thereby CON-
peed to submit the decree Or does any believe
that IL the right conceded 10 our Congress TO
pass emancipation ACT providing that the slaves should
be liberated by paying Tor them, the passage OF such an
act would be obligatory upon the before the COM
pensaiion made All these points failed in the Mex
can case So, lar then, can view this case, with my
notions OF tuona constructions was void IN the
beginning, and remained VOID to the end.
But suppose Il law. However informal the
enactment, that supposiion may be made from the fact
that slavery did moi exist in Mexico al the time
quired the territory Suppose be conceded that by
law II abolished, could thataw he perpetual t-could
extend 10 the terntory alter u became the property OF
the UnIted States Did admit territory from Mexico
subject the constitution and laws o Mexico. Did we
pay fifteen millions oi dollars Tor jurisdiction over Cali
iorna and New Mexico. thai Il might be held subord-
the law OF Mexco In the Discussion upon that
treaty which acquired the territory, was very general
opinion that should get jurisdiction, and ursdict on
grants, which had become valid, that we should not
get public domain Under the present constructions II
seems that we did not get jurisdiction either
the argument male here and Tor the contn-
uance OF the laws of Mex drawn from the law OF
nations, in relation 10 conquered territory. do not in
tend 10 10 that discussion II IL gratifying To every
one. and marks the progress Of civilization, 10 observe