The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-16

~
4 nays 2s, as follows: y
YEAs-Ms.sr.. Baldwin, Benton. Bradbury Chase,
Clarke. Cooper. Corwin Davis Of Massachuseu Dayton
sr. Norris, Seward Shields. Smith, sPruance. Wales
wnSlsysg Webster. M.. .as,,d and Yues12i al;
cass, Clay, Clemens. Davis OF Mississippi Dawson, Dick
HasoD podss s e lows DOwns E,mOis pop HOases
Sturgeon, Tnrney, Underwood, and whitcomb25.
| So the bill was not laid on the table
Mr. DAVIS, Of mississippi Imove 70 amend the 10th
"n respect to African slavery and inserting "with those
rights of property which grow out Of the institution Of
African slavery as il exists in any Of the States Of the
Union"
IThe section. if amended as proposed. would read as
follows
ssc 10 AID 6s Il. Se, That the Legislative power of
lion. consistent with the constitution Of The u s. and the
provisions Of this act but law sha be passed inerer
q properly which grow out o the institution Ola q African
slavery exists any Of the States Of the Union. No
tax shsi. 6e imposed upon the properly Of the United
Mr. DOUGLAS. Isit in order to ask for division Of
Il The PRESIDING OFFICER. Il, is not.
Mr.. DAVIS, OF Mississippi Mr. President, will briefly
state TO the Senate my object in moving this amendment
to test the OF the Senate upon single question:
in slaves they exist in the savehoding States OF the
Union, shall receive the same protection shall receive
same countenance in the Senate and elsewhere in the
government Of the United States, other property The
language OF the BILL stands. would seem exclude
property growing out Of the institution Of African slavery
from that protection Of the territorial Legislature which is
to be accorded to all other species Of properly AS pro-
pose to amend it, il will restrict the territorial legislature
from invading the right OF the inhabitants OF the slave
them under the constution-eaving the question be
decided according to the cardinal principle OF the demo-
cratic party, when the people composing the Territory
come 10 form State for themselves Il will leave them
all the powers necessary not only for the preservation of
their property, but for preserving the peace Of the Terri
cryhoss powers % essentially e Necessary 2 prevent dsoI
property that to secure il benefcialy to the Of
the owner.S With this brief explanation submit the
Mr.. DAYTON asked for the reading Of the amend
ment,
The Secretary accordingly read the amendment
to the amendment? g
! The PRESIDING OFFICER II is in order.
Nr. SEWARD. efer the following amendment to
strike the whole amendment and to insert the words
The PRESIDING OFFICER. motion to amend by
offering substitute will not be in order.
1.-THE amendment proposed to be submitted by Mr. Sew
ARD was the Wmot Proyiso.]
Mr.. CLAY. Mr.. President ! am not perfectly sure
that comprehend the full meaning of the amendment
which has been offered by the senator from Mississippi
Mr. DAvs] LII do. think that he accomplishes nothing
BY striking out the clause in the bill and inserting
that which be proposes to insert The clause in the
bill is that the territorial legislation shall not extend to
anything respecting African slavery within the Terriio
es The & effect Of retaining the clause ns reported cy the
exists cannot be abolished by the territorial legis
laure il in any Territories slavery does not exist
cannot be introduced by the territorial Legislature The
clause ITSELF sir introduced tie up the hands Of
the territorial legislature in respect 10 legslating at all
way the other upon the subject OF slavery and
intended to leave the legislator Of the laws respect
ing Territories in the condition in which he could act
upon them. stated upona former occasion that did
not vote for the amendment myself, although il was pro-
posed 70 be introduced by the majority Of the committee
attached very little consequence to II at that time as
do at the present think i will have no practical i'm
port. perhaps, in the Territories at all.
4 and ne
from Mississippi, il aims at the thing do
derstand him as proposing that II any one should carry
the Territory he could not introduce them, the legislative
hands OF the territorial government should be so tied as
to prevent their introduction
II the senator say his object s TO provide that
upon the spposton that any slaves may be introduced
into the Territory contrary to the ier loci of the
Territory, and, being introduced. nothing shall be
done by the legislature 10 impair the rights OF
the owners OF the slaves thus brought, contrary to
the local law. into the territory. certainly feel myself
here the OF an opinion which announced at an
early period OF the session did suppose and do yet think
that the language Of the amendment which The senator
offers just much restricted the amendment which
he proposed TO strike out for II does not provide in ex
press terms for the privilege OF introducing slaves but
merely declares that the territorial Legislature shall
not interfere with the rights Of slave property, as
that property exists now in a certain class Of the
States Very well; the Legislature Is restrained
to the lex Ios Il SO brought in then the smendmsn. Of
the gentleman il he intends that, though do not think
il comprehensive, will secure TO the introducer OF the
slave the protection Of property in the Territory II HE
object however, be what he states IL 10 bebut what
think the language OF the amendment does necessar
ly mplyit is for which, repeat, cannot VOTE II
It is TO convert Territory already free into slave
Territory, cannot vote for it, satisfied, for one.
| to permit the isx iod as IL exists TO remain
And now sir, let what will be the effect ef in
New Mexico-n that portion OF New Mexico east Of the
Rio Grande Two opinions prevail upon that subject in the
Senate. According TO my ownand OF course one 10 very
apt think the better opinonthe laws Of Mexico pre-
vail in that country because Texas never had posses
OF that country, never legisaied Tor that country.
and her laws stretched that country; but on
the contrary, the country remained in the possession OF
New Mexico, until the treaty Of Guadalupe Hidalgo,
when ceded to the United States. In my opinion.
therefore, the local law which prevailed Ia New Mexi-
co, and still previls in New Mexico east of the Rio
Gande, is the law Of Mexico pronounced BY the Dcta
tor Of Mexico, by the constitutional authority of Mexi
co, and BY the legislative power OF Mexico That my
own opinion.
But SIR there are two other opinions, might say; and
according OF them, maintained with much ability
by my friend from Georgia who sits me, Mr.. BER
RIESl admitting that the law OF Mexico did extend
10 New Mexico, this side OF the Rio del Nortsaccord-
ing TO his OPINION the constitution OF the United States,
by is necessary operation, abrogsed that local law
and invested the owners OF slaves with poweroi carry
ing their slaves anywhere in any portion OF the Tero
ries acquired by from Mexico. That ~ one OF me
two other opinions 10 which reered but there pun
another opinion There many senators, and members
of the House. too, believe, and large Ponion o. ne
American people, who believe that all TINS sde OF tne
Rio del Norte from It's mouth TO its source 10 Texas
that the Texas laws extend from the mouth 70 the
that the Texas laws. therefore, comprehend New