The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-05

Legislature from excluding admitting IT, the day after
you put the power of attorney into the Legislatures hands,
they will exclude IT, and there s the end OF H. You
or carry il there try the question Al all We have
always contended that the question should be left open.
idea that the people 81 the Legislature have the right in
dependent o Congress- themselves whatever
powers they may think proper, and adopt whatever they
Mr. FO0TE. linterposing) Will the senator allow me
'o Ha %als sSFETgs 81 El1TgsSlrsct Certainly
MIR. FOOTE. want to know whether he is OF opn.
ion that in the event OF his declining the nteEposon OF
any restriction whatsoever. the territorial Legislature
the territorial government will have right under the
constitution Of the United States to pass such law
| that
Mr.. BUTLER would say. that the constitution might
restrict them iron prohibiting slavery and yet they might
affirm the Mexican laws the very next day. II decree
that there shall be legislation in respect to African sa
very, man might 80 there claiming his right without
any protection. IN.
was going on to say, that to say that there right
in the nature Of Things, independent OF the constitution
The practice which has heretofore obtained and which
pervades all the legislation upon this subject 10 that ter
rtora legislature created by Congress, subject TO all
the limitations imposed upon by Congress, and has no
other powers but those given and conferred upon it by
the act OF Congress creating it, know that some sena-
tors have different idea Of the matter, and think that
every free negro who goes there, free that very
day by virtne oil the inherent right OF sovereignty do
not intend TO go into the matter But will say this
much: II you leave there, there Is no power by writ
OF rover any other writ whatever by which man.
whose slave is inveiged from him under the Mexican
cf se1 agan dawn y any X Us
upon this subject when another clause introduced
But as shall wish another opportunity hereafter, when
this bill comes up to explain my views upon i at length,
which shall do with perfect candor and without dis
guse, will not proceed further shall then be so
explicit that one shall be left in doubt to the position
that shall take upon this neston.
Mr.. KING. shall myself act upon the same princi-
pie. will give my opinion when the proper time arrives
s9 q = 20 @o has
directly by the phraeology OF his amendment sustained
the bill reported by the Committee OF Thirteen i was
understood by the senator that the exact words had been
copied that were contained in the Clayton compromise
bill IL mistake upon his part II was intended
he supposed exclude the territorial legislatures from
sion OF African slavery that SOIL That his de
sign and Intention and was supposed to be the object Of
guarded by him at the time it offered, TO if i
could not have another bearing
i. think the amendment OF my friend from Mississippi
goes further than was necessary to go, in order to
the end sought by the compromise bill; and that s
the very words il you please, prevent the legis
aiue from passing any law respecting the establishment
or exclusion OF African slavery. think that. being
created by act OF Congress, the action OF territorial
legislature cannot be complete without express enact
ment of Congress TO enable them to pass the municipal
regulations necessary 10 protect property OF every descp
on The first part OF the bill the whole ground
Il, then, my friend from Mississippi will modify his
tended be taken by the senator from louisiana think
it will answer a better purpose.
II The great objection now is the Wimot Proviso. So
far as The municipal regulations are concerned do not
believe that there solitary individual either side OF
the chamber who has doubt that. if the power We're
given TO prohibit to Introduce the Territories would
not prohibit am in favor OF giving no power either to
exclude or to introduce it, believe the power does
exs. upon ahe part o. d. Congress diner from the sena
free soil speech-a Wilmot Poviso speech, far the
argument goes, giving to- the Congress OF the United
States the power OF regulating every description OF property
which the citizens OF the country possess, who choose
migrate to the territory or the common property OF the
country The senator has drawn distinction betw cen
Apfhnr torfu ond ha
hib The introduction of property at discretion, because
orsooh the government of the United States have pro-
hibed the traders from going into the Indian country
with the species OF property and selling it to the
unfortunate Indians The first territorial governments
simply for the protection Of the persons living there
and the officers were appointed oy the President Who
shall say this government would have the power of regu
atng property OF excluding al their peasure never
believed that the territorial legislature possessed any
power whatever, except such delegated to them
by the Congress OF the United States either in relation
TO persons property What do require Of them !
that is not TO be submitted to Congress for its pro-
hibltion or approval. holding them directly, there
fore, under the control of the Congress Of the
/ United States in every act that has been PASSED.
Yet gentlemen get up this day. and advocate upon the
floor OF the Senate this power for the territorial
legislatures consisting Of handful OF men, because as TO
Ii requires particular number 10 give this territorial
government They may have hundred men within
give them hrsi rate territorial government and we have
| done so when there but few thousands: ! say
that my friend will not put in the Wilmot Proviso, but
will pi construction upon the bill that will tend to EN-.
barrass il when modified.
l Mr. DOUGLAS Mr. President must say to my
friend from Alabama that think he has not shown his
usual courtesy the in which he has referred
to me upon this question He has been pleased to say
that my speech free-soil speech, Wmot Proviso
speech And why Because made an argument IN ia
yor of territorial bill silent upon the subject OF slavery
neither adopting rejecting II. In other words, made
an argument favor Of the doctrines advocated by my
friend from Michigan SO far territorial governmsnts
are concerned the honorable senator says he agreed
with the senator from Michigan, and my argument IN IA
vor OF that position free soil and Wilmot Provso He
then charges hmsef-havng defeated the Wilmot Pro-
vsowh his eyes open, al the last presidential cleo
tion--
Mr. KING, (nierposing) suppose il is not the in
tenon of the honorable senator from Illinois to msepre-
sent me-
Mr. DOUGLAS. Not at all
i Mr. KING. said nothing about the argument OF the
honorable SENATOR conending for the right OF territorial
legislatures But Il 10 that portion OF his argument
which characterized, think, properly-in which be
says Congress has all power over the Territories, to ex
cude, regulate and control the rights OF every pofuoh
| of them. -.
j Mr.. DOUGLAS. Now we come to the point My ar.
gument in favor OF passing territorial pnl s.sn.
upon the subject OF slavery; and undertake 70 say, s
up to within three months that honorable senator himself
The VICE PRESIDENT. The Chair does not think
Mr. DOUGLAS Is il dsrespecful TO tell the truth in
a respectful manner
Mr KING. II the Chair viii give way, will relieve
Il fkra1 ne