Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02


on Of the Senator still think with great Difference that
the resolution itself u not so strong the Senator has Just
stated II Is one thing to assert the inexpediency Of ea-
sure and ceraiay very different thing to assert that
adopted would be fraudulent and adopted in bad faith
This opinion and this is the opinion expressed by the
Senator from Kentucky now and as understand formerly
expressed by him.
Mr.. CLAY If the Senator will attend to the latter mart
OF the resolution he will thar the expression is inerpe
dent on the principles referred dare say there are
many phrases in the resolutions which be improved by
suggestion from the Senator from Mississippi and Others but
II be will reflect for moment be will find that say mex
pedent whoutwhat 1t is inexpedient unless Maryland
and the people Of the District consent and unless the proper
y paid for when taken think that is as strong ground
as can be assumed. would not the word unconstitu
tiona.
Mr. FOOTE. regret that the resolutions Of the honora-
bic Senator regard to the power Of Congress abolish
slavery in the District of Columbia not explicit
comprehensive his present words They doubtless
designed to be but yet they being thing
to assert that isrpednt egislate in particular mode,
and another and very different thing that such
legislation would be fraudulent To say that Congress can
not egsae in regard slavery the District except by
violating the principles Of good faith, pledged in the
pact Of union really saying that Congress cannot thus
legsla,e in this mode all since il would be not little
absurd as It seems to me- to suppose that powers of
legislation can be conferred by written constitution which
could not be exercised at all except per grandem.
Now, hold that Congress has power legsate the
subject OF slavery ALI any where express power hav
ing been given for this purpose and the authority thus e
gsae not being clearly deducble necessarily arising
~
in my opinion. prohibited subject upon which it
designed that Congress should egsae all in any
cevabe case The principles Of good faith spoken Of must
clearly apply focby Virginia now as before the retro
cesson Of Alexandria and apply equally though perhaps
quite sking all the slave States Of the Union as
Virginia and Maryland No assertion Of its being
nexpedent abolish slavery the District win prove salts
factory to a single Southern State.
Mr.. CLAY. do not desire to detan the Senate but a
moment The Senator and myself differs, that all do
not hold to the opinion which he Does and will put
IN Supnoa 70 eho1 ylapIfn
could not Congress abolish slavery in the District Sup
pose Virginia and Maryland both abolish slavery tomorrow,
must still apply here, and is there power to abolish it
The implied faith according the view twelve years ago.
faith implied the cedng States. They were not
supposed when making the cesson have anticipated the
exercise of the power Of aboshng slavery while continued
within their limits That is the limitation Of plghted faith
maintained and commended for that time, but
supposed included all the States in the Union Certainly
supposed that slavery abolished in Maryland
and Virginia, il must still apply to this District for all time
and eternity.
Mr. FOOTE. feel certain that the honorable Senator
from Kentucky recently have examined the former
senatorial debates this subject in which he participated
prominently In this respect have the advantage him.
have very lately looked through all the volumes Of the
Congressional Globe, in which this delicate question has
been discussed and feel justified in declaring that the gem
ea doctrine maintained Southern Senators has been that
Congress had power egate the subject Of slavery
al all in this Districts least that such legislation
could occur without violation of the principles Of good faith
towards all the slave States including Maryland and Virginia
some OCCASIONS by several Democratic Senators from the free
States
One incident well recoect and the honorable Senator
will not fail to remember it. when remind him OF it Mr..
Leigh-Watkns Leigh of Virginia, personal and po-
lca friend Of the honorable Senator from Kentucky-found
necessary to express himself believe in the year
lss6-drectly in opposition to the views then maintain
ed by the honorable Senator from Kentucky After Mr..
Leigh's argument-which of unusual ability
had been concluded, the honorable Senator from Ken
lucky and said in substance that could the conyc
the subject Of slavery in the District have been shaken
altered by any argument the speech Of his honorable friend
from Virginia might have produced that effect but that his
original opinion remained unatered From this incident it
most apparent that that early day there not that
absolute unanimity Of sentiment among the Southern
bes Of this body which the honorable Senator from Kentucky
snpposes to have existed.
Mr. MASON I, is with much reluctance at any time
that epass the time of the Senate after the hour Of
tua business has arrived but do not feel myself at liberty,
standing as do upon this question: to allow the resolution
offered by the Senator from Kentucky pass unnotced
my part lest should possibly be considered that the State
which represent in part is prepared would almost say to
extent respond TO the spirit of these resolutions Sir
regret deeply that in the and honest desire which
have doubt the Senator enetans have these disturbing
questions composed he has felt his duty, representing
of the slavehodng States, offer such proposition
would 50 with him who went athest but within the limits
Of strict duty 10 adjusting these unhappy differences but
do not feel at liberty to step towards such
promiA If constitutional right is invaded in the slightest de-
gree.
proposition which give hearty assent and that is
the resolution which proposes organize Territorial Govern
ments in these Territories, without declaration
way the other their domestic institutions But there
is another which deeply regret introduced into this
Senate by Senator from slaveholdng State il is that
which that slavery does exist law those
countries understand of these propositions to declare
that by law slavery is abolished in New Mexico and
California That the very proposition advanced by the
non-savehodng States the last session, combated and dis
proved as thought by gentlemen from the savehoding
So far regarded the question Of law disposed Of and it
very clearly and satisfactorily shown to be against the spirit
ohe resolution Of the Senator from Kentucky. 1.-THE contrary
true presume the Senator from Kentucky would declare
that if law valid in the Territories aboshing slavery,
that could not be introduced there If law passed
creating the institution repeating the statutes already
sng doctrine assented to, far know, until
now by any Senator representing Of the slavehodng
States. Sir hold the very opposite and with such conf
dence that at the last session willing and did for
bill to test this question IN the Supreme Court Yet this
solution the other doctrine be true and assent
Is challenged TO it as q proposition in law.
do not TO dean the Senate by any discussion, but
deemed to be my duty decided protest the
part Of Virginia against such doctrines They concede the
whole question at once that people shall not into the
territories and take their property with them doc
ne to which never will assent and for which, sir law
be found There other portions of the resolutions for
voie That respecting fugitive slaves and that respecting
the Organization Of governments in these territories should
be willing vote for, and am happy declare the graca
ton experience at finding the Senator from Kentucky diff
eng much this subject from the Executive message
recently laid before the Senate beg be understood
having spoken in any spirit OF unkndness towards the
Senator from Kentucky for whom entertain the wamest
1.-a-. L.