The New York herald., 1850-05-18

Of Sandwich, In the State Of New Hsmrshirs on the
such rate per year provided BY law for the total
& AZ ss IL. IL l ns dsy ns,s 5uy
AID. ls4S and continue during his natural life.
Sec And be 1t further enacted, That there be- and
treasury not otherwise appropriated, tho following
sums for the government of the territory Of Minnie
For salaries Of the governor, three judges, and
secretary, nine thousand dellars.
For contingent expenses of said territory three hun
For compensation and mileage Of members Of the
legislative assembly pay Of the officers and attendants
penses thirteen thousand seven hundred dollars.
Approved March B. 18I9.
Now, Mr.. President, when all these things are
taken into view, think II quite clear that there Is
no want of power on our part to do what is pro-
posed, and no want OF conformity to the principle
which admit to be sound-not to combine incon-
gluous and discordant measures in the same bill
We have here three measures, all OF the same cha
racter. They have all in different forms, the
general object in view. will not detain the Sc
nate upon this point longer. do not think it can
be necessary. / shall dismiss the subject with
a single observation upon an amendment to
both the territorial bills, which was introduced
by the committee, to which l was myself
opposed, but which was carried by a majority of
the committee II is an amendment to the 10th Sec
ton, think, of one of the bills and do not reco-
lec precisely where it falls in the other bill 1t is
to the effect, that no law shall be passed by the
|
slavery. | did not then, and l do not now, attach
much importance to this amendment II was pro-
posed by an honorable Senator now in my eye, and
carried through by the concurrence of majority
of the committee The effect of it will at once be
understood by the Senate. ItEspeaks of African
slavery The word "African" was introduced, so
to leave the territorial governments free to act
they might see tit in relation to another species
Of slavery-the Indian or peon slavery, which has
existed long time in those territories under the
Spanish regime. In leaving those governments free
to act as they may think proper in relation to that
description of slavery, their object was to impose
upon them restriction TO the passage of any law
either to admit or exclude African slavery or any
law respecting African slavery, in any way what
soever. The efiectOf that amendment viii at once
be obvious If the territorial legislatures can pass
no laws, either in favor of against the introduc-
ton of slaves the laws the subject will remain
Just they exist now in the territories of Utah and
New Mexico; and they will continue so to exist un-
I'll they form constitutions for themselves, IN which
they can settle the question of slavery as they
please. The territorial governments will not be
allowed TO admit il, nor 10 exclude it. They are
restrained from any action whatsoever on the sub
ject. will not go into any detail of repetition in
stating the opinion which have held all along on
this subject, and which have, on previous occa-
sion, sufficiently stated.
My opinion is, that the laws of Mexico, in all the
forms in which legislation can take place-by the
edict of dictator, by the constitution of the people
of Mexico, and by the act of the legislature of
Mexico-by all these means that slavery has been
entertain different opinion; but while will not
go INTO a discussion Of that subject, which think
unnecessary at the present time, l feel authorized
to say that the opinion of the vast majority of the
people of the United States, and of vast jorty
OF the juriss of the United States, is in accordance
with that which | entertain myself. In point of
law, there is no slavery there In point of fact,
there is slavery there, unless ii is possible that
some gentleman from the slave States, passing
through those States, may have taken along
slave as body servant. In point both OF law
and Of fact, therefore, there is no slavery there.
entertained that opinion, and expressed II at an
early period of this session. Since then we have
had prc-eminent authority, entitled to our highest
respect-pone less than that Of the delegate from
New Mexico himself, who says that labor in New
Mexico can be obtained at the rate of three four
dollars a month and when labor can be got at that
rate, no one will take slaves. believe that upon
this part Of the subject have said all that il is ne
cessary for me TO say TO the Senate in relation TO
what is contained in the report There remain two
or three other subjects upon which wish TO say
few.words before conclude.
The next subject upon which the committee act
ed, was that of the recapture Of fugitive slaves
The committee have proposed two amendments TO
be appended TO the bill introduced by the honor
able senator from Virginia, Mr. Mason,] when
ever that bill IS taken tax S;PP up; The first provides
jqp his own State. and whenever It is practical
the hot pursuit Of runaway it may not be in his
power TO procure such authority-shall provide
himself with, and carry with him TO the State to
which the fugitive has fed, certificate from the
court, which shall contain the adjudication of two
facts rst, the fact OF slavery and second the fact
OF elopement and in the third place, such general
description OF the slave as it may be possible 10
establish before the court. This record, taken from
court OF record in the slavehoding State, and
ned into the free State, shall then be competent and
| sufficient evidence of the fact. Now. sir, have
heard u said that this is throwing obstacle in the
way Of the stakeholder. II so, il is very triling
one, think and think that il will be of great ad-
a no u,ill he l,,sla-
indeed, not more than two or three dollars-which
will cover the seal Of the court, the certificate, and
atestation OF the clerk. We all know the just re-
| verenoe and respect in which records are every
where held. The stakeholder will feel, when he
comes TO Pennsy lvania or Ohio with this certificate
that he has security which hc never possessed be-
fore for the recovery Of his property and when the
aestaton of the clerk, under the seal Of the court
Is exhibited 10 citizen OF Ohio, that citizen will b.
disposed TO admit its authority, and 10 cooperate
whh the Stakeholder in securing his property. The
inconvenience viii be very slight, very inconsdcra-
| BILE, and the additional security very great.
Mr. BrTLLr, (inierposing AS that bill was
| somewhat under my care, ] know the honorable
Senator will give little information on the sub
ject Of this amendment. IL IL proposed that this
certificate shall issue from court in open Sc ssion,
or from the Judge Of the court | perceive that
il Is contemplated that it should have the aitesia-
iion OF the clerk. What want 10 know is, wheth-
er judge can issue the certificate in chambers
Mr.. CIAY.-Mr. President, the understanding
was, confess, the county court, or the courts OF
probate which prevail throue hout the United States
II that s not thought best, however, the PROPOSE
ton can be modified in any way 10 meet the vie VS.
Of Senators. | am not-and | know that all the
committee were actuated by the same spirit-we
are not attached TO any particular form in anything
show MS better plan, and we will adopt it. We
had in view, confess. the county courts which
prevail everywhere except in Louisiana, where
they have parish courts and perhaps ALSO in South
Carolina, in both Of which States they have pro-
bate courts. One Of these courts was what was in
the mind Of the committee, as IL is the custom Of
these courts TO give written evidence about pro-
perry.
Now, with regard to the other amendment re-.
gretted exceedingly to hear the honorable Senator
from Arkansas (Mr. Borland) object 50 seriously
ard go earnestly to that provision. do not pretend
to question his right to do 20, nor the right of any
other Senator; but ! am sure that the honorabl.
Senator will allow me, with the same freedom, TO
say, that OF all the states Of this Unon believe
that the State which suffers most from the escape
Of fugitive slaves-I will not except virginia-is
the State which in part have the honor to repre-
sent The facilities being thcgrcates for their sue
cessful escape from that State into Canada and the
various MISUNDERSTANDING States. AMI S,y ~.