The Woodville Republican. [volume] (Woodville, Miss.) 1847-1853, 1850-06-04
SENATOR DAvIs'S AMENDMENT.


SENATOR DAvIS'S AMENDMENT.
The amendment, retired to by our COZ.
respondent, offered by Senator JEFF. Davis,
10 the 10th section of the Territorial Bill Of
the Committee, is a fine effort Of a far.sight.
ed statesman. We shall make this appear
in few words. The part of the section to
be amended, is this:
THAT the Legislative power of the Ter.
ritory shall extend to all rightful subjects of
legislation consistent with the Constitution
Of the United States and the provisions Of
this act but no law shall be passed inter.
fering with the primary disposal of the soil,
nor IN respect 10 African slaUery."
Now this, it will be perceived, by pro.
hibiting all touching o fany thing in respect
TO slavery in whatever degree, was a most
e%ffectual method Of prohibiting it, for where
there is slavery there must he police regu.
lations for it, or it cannot exist and by pro.
hibitlng these regulations to be made, no
one Of our farmers could go there with his
saves. Here it was attempted by the
North to carry the principle for which we
C intended, farther than was proper, in order
that it might work its own ruin. We con.
ltsnd, that the territorial governments have
no right to legislate in interference with
the rights of property, as recognized by any
fthe sovereign States. who are The owners
ofthe territory, until, by their permission. il
becomes itself sovereign, and we applied
this principle to slave property, as well as
ali other. The free.soilers c%unningly devi
sed that in relation tosslave property, not
only there should not be legislation. pro D
CON, as to its being established there. bu
also that the rights in it should not be pro
fected by legislation, as were the tights il
the enjoyment of every other species o
property. Now this is carrying the prin
ciple, that the territories had no right to- lie
gislate on the sohject. further than was in
tended or than could be supposed to b.
right Though Congress have not tn
power to send 4 legally he'd species OF pre-
perty to the territories, nor to keep it fror
there, yet it would be bound to protect sue
property through the government it form
over the territory,-and this power OF pre-
lection she necessarily imposes upon sue
} government, for if she gave a less, it woul
BE- a fraud upon the sovereign State whic
! recognized such property, and had an and
vided moiety in the territory,--and sh
could not give nor power, for she does nc
possess it.
Now, that it was intended to place hi
construction, ofnot extending the necessar
!, protection of slave property going there, NJ
on the clause, "nor in respect to Africa
slavery" is most certain, for Mr.. Clay s
: held it, and in adduion to this construction
u he III argument declared. that the ler loo
the law existing in the place by authotit
of Mexico at the time it was csded, was j
force, that the slavery question must b
decided by it, and since it prohibited slavery
therefore il was now prohibited, and the te
!. ritorial governments could not be Above
IS TO interfere poor D
Perceiving the evident design of ,ht
clause ii the bill. Mr.. Davis moved to strik
ont lin respect to African slavery" and ii
q sert "nor with those rights of propert
: growing out of the institution of Africa
slavery, as il exists in any of the States {
this union, thus recognizing the right {
J property in slaves in the territories, and cor
' ~sequeutlythe duty Of protection of that o
well as all other kinds of property.
! In concluding his remarks. Mr.. Davi
! Il do not. Mr.. President, feel tina, | has
indictment to labor here, at least, OH TN
: octasion;to secure a due regstd for III
! rights OF the South. | feel it is as if tn
! gam sheaf should oppose the sickle. to on
} pese The dominant ilIalor!ty. whonph, an
|, we have reason To beieve will, crush am
proposition which will require explici
: avowals, and be- Substantially for the beueh
J oIthe South.
Il make this amendment to the biilro