The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-16
THIRTY-FIRsT CONGRESS.
wrDsrspAy, May IS, 1880.
SENATE.
FIRST SESSION.

citizens of Maine praying that Congress would sci
apart of the national Vessels 70 oon' sa,
delegates from the United States as may desire 10
attend the convention TO be held in Europe to pro-
mote the objects OF peace
SLAVERY.
Mr. SEWARD presented series OF the usual
class of petitions the subject OF slavery and iugi
tive slaves.
MIR. HALE presented similar petitions.
Mr. FELCH presented similar petitions.
Private petitions presented by Messrs
JONES, COOPER, UNDERWOOD, and SouLE
rAE JUDICIARY OF THE DISTRICT or, COLUMBIA
Mr.. DAVIS, of Mississippi presented petition
,iqped by citizens Of the District of Columbia
praying that the present circuit court may be aboi-
ished and that some court may be estapiisheu'
Referred 10 the Committee on the Judiciary. .
Mr. BRADBURY, from the Commit.ee e., on S a,e
Judiciary reported back the bill to divide the state
of wisconsin into two judicial districts, with re-
commentator that II do pass
THE PATENT LAWS.
Mr. TURNEY moved, and the bill to amend the
act To promote the progress OF the useful arts was
taken up. and after some remarks by Mes srd
made the special order of the day for tomorrow at
l2I o'clock.
ApJuTAST GENERAL JONES.
Mr. GREENE moved. and the Senate proceeded
10 the consideration of the bill for the relle OF Ad
iutant General Roger Jones.
Mr. G.. explained the bill to be an appropriation
General Jones of the difference in three years pay
as a captain and that of adutant general; that
General Jones legally the adjutant general OF
the army during that period, though not holding
the commission, and was denied, by the construc
ton put the law by the Executive, the right oil
performing the duties of the office.
Mr.. DOWNS made some objections TO the BILL on
the ground that it was paying him for duties that
he had not performed
Messrs DAVIS of Mississippi. DAWSON, HALE,
and GREENE, supported the bill
Mr.. BRADBURY opposed the bill, and was re-
piled 10 by Mr. BENTON; and the bill was then
read third time and passed.
Mr.. JONES submitted the following resolution,
which lies over:
Resolved That the Secretary of the Interior fur
nsh, cause to be furnished, for the use of the
Senate, copies of the papers of the late Alexander
Sanders, Cherokee Indian who was wounded IN
the Creek war, and in consequence thereof claimed
to be entitled to pension under the Cherokee treaty
of 1885. Also, copy of the decision OF the Com.
missioner of Pensions dsallowing the pension.
Mr., BORLAND submitted the following resolu
ton, which was adopted:
Resolved, That the Secretary of War be directed,
if In his power, to communicate TO the Senate a
statement showing the extent and value OF the
commerce on the Mississippi and Ohio rivers, and
their territories; exhibiting similar facts in rela
ton TO that commerce, as were communicated in
relation to the commerce of the lakes, in his
Spouse of the Sd instant, 10 the resolution OF the
Senate of the Goth March last.
SPECIAL ORDER.
MIR. CLAY moved, and the Senate proceeded to
the consideration OF the bill reported by the select
committee OF thirteen, To admit California as a
State government into the Union; to establish ter
rtorial governments for Utah and New Mexico /;
and making proposals To Texas for the esta blish-
ment of her western and northern boundaries.
MIR. DOUGLAS said that he desired that test
vote be taken this measure and this was
the most proper time TO have it, The various ques-
tons in the bill had been before the Senate some
time in another shape, and as separate measures.
II desirable that, before the Senate proceeded
farther, il should be decided whether il was the
purpose ~ consider these subjects one measure,
separately, that Senators may know how TO pro-
coed in the preparation of amendments. He moved,
test question, that the bill be laid the table,
with the view of taking up the bill for the admis
sion of California, (the separate BILLY
And the question being taken by yeas and nays,
was decided in the negative, as follows:
YEAS.-Messrs. Baldwin, Benton, Bradbury,
Chase, Clarke, Cooper, Corwin, Davis of Massa-
ehuseits, Dayton, Dodge Of Wisconsin, Douglas.
Fetch. Greene, Hale, Miller, Norris, Seward,
ster. and Yulee--24.
NAYS.-Messre. Atchison Bell, Berrien Borand,
ss f5ss SsS Ss9i Rssii r Of MssR
Foote, Houston, Hunter, Jones. King, Mangum,
Morton, Pratt, Rnsk, Soule, Sturgeon, Turney,
Underwood, and Whitcomb-zS.
Mr.. DAVIS, of Mississippi, moved TO amend the
following portion Of the tenth section of the bill,
That the Legislative power of said Territory
(Utah) shall extend to all rghtful subjects oflegis
lahon, consistent with the Constitution Of the Uni
ted States and the provisions Of this act but law
shall be passed interfering with the primary dspo
sal Of the SOIL respect 10 african sidrery, &C.
by striking out the words in italics, and inserting
nlieu thereof, "nor with those rights which grow
out of the institution Of African slavery il exists
in any Of the States Of this Union"
Mr.. DOUGLAS asked that the Senator would eI-
plain the amendment
Mr.. DAVIS said that by the vote on this amend
men, he desired 10 know whether the right of prop
erty in man which is recognised by the Constitution,
when carried beyond the states Of this Union, was
q be bv nd Nrhe hat
property IA to have extended to il those rights OF
protection and security which are extended to all
other species oil property. The amendment Is, that
the Legislature OF this Territory shall deprive
the holders Of this property of those rights of pro-
lection and security. The amendment will leave
the question of slavery in the Territory perfectly
open 10 decision by the convention which shall
meet there TO form State government for them
selves.
Mr.. CLAY said that the Senator from Mississippi
gained but little by his amendment. By the pro-
vision OF the bill, the territorial legislature is pro
hibted from passing any law whatever on the sub
ject Of slavery. II African slavery does exist, or he
permitted by the iez loci of the Territory, the egis
lature cannot abolish exclude it. IL African
slavery does not exist in the Territory by the local
laws now in force, then the Legislature cannot, by
any legislative act, introduce or allow it, This
the effect Of the provision il now stood. The Ian
guage Of the amendment does not upon its face ex.
tend beyond that point But, if he were TO under
stand the amendment Of the Senator az intending
that the territorial legislature shall interfere by
tner legislation with the rights Of persons in slave
property which may may not be brought into
the country contrary 10 the local law which may be
in force in the Territory at the time, he could not
support it,
Mr.. DAVIS was understood 10 say, the Senator
correct in his understanding Of the amend
Tnent.
Mr. CLAY said that, if such the purpose Of
the amendment he could not vote for il. II the
amendment was 10 turn territory now free by cx-
sting laws into slave territory he could not vote
Tor IL. He willing 10 leave the question with
out legislation, and allow the matter TO be settled
by the local law now existing in the Territories.
IL was said by large number Of persons. and he
was Of the same opinion, that slavery is forever
prohibited by the Mexican laws, and that those
laws were now in force in that Territory. This
was one opinion. Another opinion was, that when
these Territories were acquired, and the Constitu
ton oil the United States extended over them, the
right 20 take slaves there attached; and that
the Mexican laws prohibiting that description Of
property were annuiled. There another diff
Guilty. IL was held by some that Texas had no
claim 10 the territory the upper Rio Grande,
claimed part Of New Mexico; and again il was
held that Tcxas had unquestioned right TO all
10. n ~. DO fr.. A