The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-29

States which il was supposed were in favor Of get
ting rid OF slavery entirely. II II were allowed TO
be dihused, these States would be more easily ena-
bled to carry out their desires to get clear of their
slave population He considered the best course TO
produce universal emancipation 10 allow slave
ry TO be difnsed over the greatest extent OF terri
| tory.
He was opposed to the amendment OF the Senator
from Mississippi, now pending, and was IN FAVOR OF
striking out OF the section the prohibition upon inc
legislature from passing law either to admit OF eA-
clnde slavery. He was in favor OF Leaving the Ter
ritorial Legislature free act upon this subject
The question was then stated to be on the amend
ment and some eonversau 10 KING
! DAYTON, and CLAY, upon the proprlety OF TAX
! ing the question at this time. ,
Mr. CHASE said that il was desirable that all
propositions should be clearly understood and that
! there should be no mistake to what was intend
! ed The amendment of the Senator from Missis-
| sippi implicitly assumes that slavery does now
exist in the territory. To have the true intent of
the proposition clearly manifested he moved, as an
amendment TO the amendment, that nothing here
in shall be construed as authorizing or permitting
the introduction of slaves, persons held as pro-
! perty, into the said territory.
| Mr.. PRATT That is the Wilmot provso
| Mr.. DAYTON said that he desired To discuss the
bill and discuss also the plan of the Executive,
but did not desire do till the bill should have
| been amended by its friends. In order that all
might be present when the vote on this amend
ment taken, he moved that the bill be post
poned till to- at one O'Clock, and the ques-
| ton being taken, decided in the negative
| yeas %, nays "a.
| Mr. HALE said that this doctrine that the South
had right to carry its property into the territory
OF the Union was not OF very old date. IL was not
! heard off till the days Of the Clayton compromise
| II was born in the dog days of ls4S The Senator
from Virginia had told them yesterday that he was
under instructions by his legislature, and had no
discretionary power this subject. If this was
! to be the rule, he would like to how II would
operate the discretion of those representing the
| free States, Fourteen of them-hftcen of them
had instructed their representatives to vote for the
ordinance of 'S7. If the North and the South were
! to obey these Instructions, how could there be
compromise? He did not believe southern gentle
men sincere in their opposition TO this bill,
could he believe that sing one of them would
vote against IT, They had got all they required, and
the North had readily accepted this they were
now sorry that they had not demanded more. They
have got all they wanted: noninteryention over
| the whole territory, and the whole free territory
OF the United States turned into hunting ground
for fugitive slaves This BILL if passed. was TO be
passed and could only be passed. by northern votes;
and he reminded gentlemen that a compromise
had been passed thirty years before, and that
! the northern men who voted for it were from that
day never heard of more.
! Mr.. DODGE, ofIowa, said that the Senator from
New Hampshire had said that fifteen States had in
structed their Senators to vote for the Wimot pro-
viso; would the Senator say whether he intended TO
| include Iowa among them.
| MIR. HALE said that he had said fourteen but
\
fifteen He did not intend 10 refer to Iowa
Mr.. DODGE said that if the Senator did not in
clude Iowa, and could not include Michigan, how
could he make out fifteen States? He would say to
the Senator that he follower of that Senator
That he scorned and repudiated all questions cacu
lated to divide the country into sectional partes
that he scorned and repudated the idea that he was
a friend and advocate of slavery because he voted
against the Wimot proviso. He had always op
! posed the Wimot proviso, at home, here, on the
stump, and every where, and he would oppose itn
every shape, and in every phase it may assume.
/ The Senator referred to the Legislation of the
country to show that the Wilmot proviso was no
new thing, but that it had been handed down by
/ every administration. When the war with Great
Britain was waging on the northwestern frontier,
was such thing as the Wllmot proviso introduced
| in Congress to dampen the feelings and ardor of
the gallant engaged in that war; Was
treason then proclaimed In the Senate /! He was OPP
posed TO the Wilmot provso, and in his own State
he had opposed it, and that too, when the friends
OF the present Chief Magistrate had it inscribed on
their banners. He had opposed it because its ten
dency was the formation of sectional parties which
could produce no good ends.
He then alluded TO the fugitive slave bill, and
said that this was not question with him, whether
the ordinance of 81 should be adopted not, but
whether can stick to the Constitution and carry
out its obligations in the spirit in which il was
originally adopted The opposition to proper
bill on that subject nothing more nor less than
attack the institution of slavery in the States
He was personally opposed TO slavery, but he was
in favor Of carrying out the Constitution and as far
as the Constitution required he would cheerfully
support slavery He in favor of admitting
California. He WAS in favor of her admission being
separate measure. But in the hope that this sub
ect of slavery may be forever disposed of he would
vote for the compromise IL had Objectionable
parts but to get rid OF the negro question he would
vote for il.
Mr. HALE replied and Mr.. DODGE rejoined.
Mr.. DAYTON said that he understood the pro-
vision of the 10th section, reported, to mean
thing than that the territorial legislature
should pass law respecting African slavery, and
was not precuded thereby from passing such po
lice other regulations necessary, If slavery was
| in the Territory. He understood the Senator from
Kentucky TO agree with him. The Senator from
Mississippi thinks otherwise, and proposes this
/ amendment.
The Senator from Ohio thinks the amendment
implies the existence Of slavery in the Territories
In this difference of opinion, he thought IL hazard
TO take the chances Of what might be the proper
meaning, and would therefore vote against the
amendment Of the Senator from Mississippi
! Mr.. BERRlEN said that il was held by one party
that slavery was excluded by the Mexican laws,
and by the other party that IL was not. The sec
ton Of the bill left this question open TO be decided
by the courts IL restricted the Legislature from
passing any law either admitting excluding
slavery. II ii should be decided that slavery was
excluded, the matter at end; but If il was
decided that slavery was not excluded by the Mex
lean laws, then certain laws and regulations were
required for the preservation and protection OF that
property, and under the section Of the bill il
stands, the Legislature prohibited from pass
| ing such laws. This difficulty, which would amount
in effect 10 a prohibition Of slavery, intended
70 be obviated by the amendment Of the Senator
from Mississippi. Ii nothing more than Civ
ing the local legislature case IL was decided that
slavery did exist there, power to pass laws
sary for its protection.
Mr.. DAYTON replied, and then, on motion,
The Senate adjourned.