The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-02


the power OF passing protective laws The Inhibition Of
the original excluded thal power They could pass
no law respecting African slavery Neither allowing pro
hibng, protecting Il, 1t i was adudsed py .he JUL
eal department 10 exist II was with view 10 una. s'ae
oil things that the amendment was proposed 70 suNe ou'
The words in respect to- aud inserting aiiowhs VI pio
hibiting" That took away rom ue ,' ~ ,h .ne
power 10 iex,sale upon the subject OF slavery y inc OK
so, ~ snws ncs or oohibon and left them the power
10 exislale for It's protection II II should De Judicaiiy
decided legally 10 exist there .. Il 49,
ana !, s moved 10 strike out these words, and to
strike out the words African slavery. The result
Of this wall be-, ina, 'ne legislature OF ths Ter
limits of rghu legislation, unlimited by any OF the
elusions contained IN the original bull prescribed Nv
Inc amendment The precise question which we now
Ia CONSIDER is whether DESTROYS OF investing the
territorial Legislature with the supreme power the
subject Of slavery Ia the Territory.
The amendment is commended by the senator from
Wand upon the ground that it would obtain votes
do not to enter nlo discussions OF the morality of
that course admit, with the views OF the honorable
senator. his course entirely reconced with prsprey
will gam votes, and II ~ lawful TO have that object in
view because The senator believes that this bis calcu
lated TO peace aud harmony the country or at
any 10 prevent the impending danger which threatens
as as between Texas and the United States. That as
sunes the fac, thai the failure of this BILL the failure of
has combined movement upon these subjects, 10 de-
stroy the disposition which feel to thai imend-
ias danger; II senators believe that danger is
acns-ii they believe that nterposton upon the part
Of the Congress Of The United States settling The
esy with Texas is necessary 10 avert it, can il be that
even this bill should fail, should not, under the in
huece OF this conviction that this danger menacng
al acqniesce in separate which will have
for lis end settlement OF the question between Texas
and New Mexicoi The idea, therefore, thai this
ue is be adopted, that this amendment to be stis
tanned because It will get votes and that such an object
is legitimate because OF the impending danger OF conro.
yefsy contest between Texas and the United States.
is one which seems 10 me 10 be without foundation
But again. sir. it is said that are departing from the
southern docrne-the southern doctrine being Ii al OF
non-nervention the part OF the federal government
1t is most true that this is the southern doctrine; but
how is that subject Of non Intervention presented to
here! How was il presented When that doctrine WAS
maintained BY the South, were legisating Tor the
government OF all the Territories which had been &C
CURED IRON Mexico We proposed to establish territorial
governments in each We advocated the doctrine Of uoa
the subject Of slavery, with the necessary
that our right 10 go into all these Territories
with our property, subject to judicial decision, would be
open. How is il presented now! How is that Cali
iornia s withdrawn from the OF southern rights
Will gentlemen say to me that has been done by the
spontaneous uninstruced, unnsgaed act OF the people
of California! Ia there not abundant evidence Of the
suggestions Of the federal government on this subject
Is there not abundant evidence of the transmission of
agents there for the purpose of communicating the wishes
OF the general government And now, when this indi
rect intervention has taken place. and il suf
hcen for its purpose confessedy according the argu
meat OF gentlemen themselves is to be rendered effect
i've BY our giving vitality to The act, which, without
without the positive intervention OF Con-
gress, will be OF no validity whatever. Having inter-
posed 10 restrict California in regard 10 applying the non
Intervention doctrine, we are now called upon to apply
that doctrine 10 the remainder, comparatively vaueless
portion of the territory Sir, are willing 10 apply it,
We desire that Congress will abstain from ay Legislative
action the subject Of slavery in The Terlores but
desire, ALSO that, absts;ning from this legislation
themselves, they will take of their agentsthal those
who have power but what they derive from shall
also abstain from IT,
suppose that, even IN this age oil progress, am not
ar behind the times that advance startling doctrine
when say that the territorial legislature can have no
legislative power but that which is conferred BY Con-
gress IT, then, Congress- absalnlng from the exercise
Of mat legislative power, absaining from direct nerven
upon the subject OF slavery, territorial egis
laiure which invests with the power OF legislation
the direct legislation OF Congress aud the creation
OF territorial legislature which thus intervene de-
irving their whole power from Congress wish the
Senate understand that the direct effect of this motion
strike will be TO invest The territorial legislature of
New Mexico with power to establish prohibit slavery,
and repeal enact the Mexican laws, if they ex.
ISL And then, SIR, the question propose, not merely
70 southern men, but to the Senate, is whether, with our
knowledge OF what constitutes the population OF New
Mexico, believe shall act justly. in relation to
great interest like this in confdng the ultimate decision
Of that subject to handful Of Mexicans who
TO be found in New Mexico, and TO that other medley OF
inhabitants which make up the number OF the popula.
ton there, consisting Of few hundred American cii.
zens together with Mexcans but partially civilized, and
not at all educated in the institutions OF country Is
tina. iAs power TO which, by striking out this amendment
you ah about 10 commit the decision OF question in
toflls tne interests OF fourteen Oh he StAes Oh WIS
Union la question which, according the admission OF
gentlemen, at this moment agtstes this Union to ITS
centre
From this view OF the subject, air, am unwilling TO
acqnlesce in striking out that portion OF the bill As 1t
stands It 10 the territorial legislature the power OF
passing protective laws If slavery shall be Judged BY the
courts leEmaely TO exist there Beyond that do not
wh that legislature TO be invested with power TO decide
great question affecting the interests Of large por
ton of this community
Mr. President know i is said, and gentlemen believe,
some OF them that the territorial government OF New
Mexico, If invested With this 20 wer will pass laws which
will be in accordance with the wishes al southern
may be 40. SIR; but would rather that right should
rest upon competent Judicial decision lhaDuIon the
ton Of that legislature. ask those gentlemen who rely
upon the favorable disposition oil those who would con
stnie the Mexican Legislature 10 consider that those
laws must here, and liable Ia be rendered null by
The disapprobation OF Congress- and ask them 10
sder the progress OF events, what is likely TO be the
legislation in New Mexico repeating the Mexican laws
or allowing the introduction OF slavery. Under these
circumstances. SIR feel myself constrained 10 adhere 10
the opinion which originally entertained, and to vote
against the amendment
Mr.. CASS / am not gong TO detain the Senate long
az rise rather to explain my own position than 10
enter upon the discussion oil the subject will not re-
peat what have heretofore said relation to IT, After
The views elaboraely presented by the senator from Geor
ga, Mr. BERRIEN arm much in the dark a ever
hat under the constitution slavery by its own power,
goes into the Territories, and OF that all laws IN
lis way are abrogated also maintain that
pose any restriction upon the authority OF the local cgs
laure to establish regulate 1t, what circumstances
call tor the exercise OF such interference part
cannot see the right Of Congress 10 pass prohhtory
laws upon the subject OF clam which, IL is strenuously
contended the constitution has authorized go there
remain mere and to be protected there is, my APP
prehension insupetable difficulty and how the doc
ue m he I'M upf nd ~