Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-01
Mr.. DAYTON. wi!I Withdraw the motion # the se.

N 'N~'' $3.50 'A'O''SA' -
uator will renew It,
Mr.. BERRIEN. desire to say word upon these
amendments II the question is to be taken upon them
now; and in the hope that it the postponement shall be
made until Tomorrow it will be with determination,
on the part OF the Senate, then to take the vote.
. Now, sir, the argument OF the Senator from New
Jersey is that there conflict in the apprehension OF
Senators in regard to the first amendment-hat propos
ed by the Senator from Mississippi he thinks re-
suits in showing that this amendment is unnecessary,
and it unnecessary that it ought not to Dc adoPed
at least equal degree o. necessity Tor Inc amendnen
proposed by the Senator from OHIO. Now, SIT, what
propose to say to the Senate is, IN lew words TO express
the belief that entertain, that the amendment OF the
Senator from Mississippi is necessary, we propose to
conduct this discussion and our action upon this bill in
spirit of fairness, and that the amendment offered by
the Senator from Ohio is totally unnecessary. Let
us look, for a single moment to the state OF the
question. 1t is regulation of the powers OF the Terri
onal Legislature the subject OF slavery Upon the
question whether slavery exists does not exist IN that
Territory, OF whether it may may not exist there,
there are opinions OF which is that 1t Is FORBID
den by the Mexican laws which are still operative and
the other is that these Mexican laws will cease to ope
rate when this becomes organized Territory OF the
United States In the former case there would be no
slavery there, and consequently, nothing TO protect;
and in the latter case there would be slavery there,
there would be rights acquired under the Constitution
and laws of the United States and by force OF the
ganization of this territory and it would be essential to
the propetors OF these rights that there should be pow
er there to protect them Sir the orgna bill contains
tee which declares that the Territorial Legislature shall
have power to egislae respecting African slavery
Now suppose the opinion which affirms that slavery
may be introduced in these Territories, and that the
Mexican laws will cease to operate when these become
organized Territories OF the United States-suppose
that that opinion should be adudged by the Supreme
Court be correct opinion, and under that adJudca-
ton it should be decided that slaves introduced into
these Territories what is the condition in which the pro-
prietor of these slaves placed! The Legislature OF
the Territories shall make no laws respecting African
Gle He WI o one w
ritories although they adudged to be his property,
and that he had right under the judicial decision to
carry them there the moment he gets there they are be-
yond the protection OF all law they Withdrawn
from the protection Of the laws OF the State where they
had otection and carried into Territory where there
is no power competent to afford protection for it
OF be doubted that an inhibition to legisate respecting
African slavery which are the words of the original
bill Inhibition to admit exclude, or to make any
regulation concerning it. Hence the Importance OF the
amendment offered by the Senator from Mississippi
The provision of that amendment it is supposed will
authorize implication that Congress IS about to lend
Their sanction in affirmance OF the right OF the slave
holder introduce slaves into that Territory Sir, it
does to me that the language is too PLAIN to rem
der it possible that such msappehenson could be per-
severed in What is the language? Hereit is:
I" Provided that nothing herein contained shall be
construed to prevent the said Territorial Legislature
from passing such laws may be necessary to pre-
tect the rights of property Of every kind which may
have been, or may hereafter, conormably to the
constitution and laws OF the United States, be held in
or introduced into said territories"
The Legislature of the Territory shall not be deprived
ofthe power ofpassng laws which may be necessary
to protect the right OF property OF every kind now or
hereafter held in that Territory held therein conorma-
bly, to the Constitution and laws ofthe United States.
Sir resolves itself into single question: Is property
which SHIELD in these Territories conformably to the
constitution and laws Of the United States entitled TO
the protection of the government Is it not! II the
decision OF the Supreme Court OF the United States
should be that slavery cannot exist in New Mexico or
Deseret, why it cannot be held there coniormably
the constitution and laws Of the United States, and
consequently the Territorial Legislature cannot,
under its authority, afford it any protection. But if
the Supreme Court OF the United States should decide
that by the organization OF those Territories the
Mexican laws nhbitng slavery have been superseded,
and that the rights of the slave attach to that
property when removed into those Territories then that
property is held there confermaby to the consttu-
ton and laws Of the United States; and do believe,
Notwithstanding all the agitation that there has been
upon this subject, and the manner in which this discus
sion has been carried on, have not yet arrived
the point when any member OF the Senate will rise in
his place and that he holds his property in
tormity to the constitution andlaws of the United
States" 81 II
Mr.. DAYTON. Mr. President, desire to answer a
word in reply to the remarks which tell from the Sena
last upon the floor; for, if understand all his le
gal position differ from him entirely as to the
struction Of this bill The original provides that the
Territorial Legislatures shall pass no law respecting
African slavery Now, sir, what does that provision
for it that which lies at the basis Of this whole
thing. Shall pass no law respecting African slavery
Why, sir, that appears to me clearly to mean that they
shall pass laws relating African slavery as an in
stitutiOn that it shall neither create abnegae it,
Does any understand that under this provision the
Territorial Legislatures would be authorized to pass
ordinary police regulations for public safety, though
lating to slaves if slaves should be legally there
Several Senator'S Certainly.
Mr.. DAYTON. Gentlemen say certainly. Such is
their opinion doubtless, but such is not mine
Mr.. BERRIEN. We have right TO opinion
Mr.; DAYTON; And to mine What do you mean
ypolIce laws! That negro man shall not be out at
certain distance from his plantation without permit;
that ne shall not carry arms; that slaves sha not
gregate in unusual assembages that they shall not be
found away from home after certain hour otthe night
that they shall not have Of fire arms, &c. Now,
sir is the passage OF laws OF that soft passage OF laws
respecting African slavery? Is that fair construction
OF the terms OF this provison2 do not think it is.
hold these to be laws for the protection of fe property
and society. Neither Congress the States can pass
law respecting the establishment of religion and
yet they every where regulate, CONTROL and re
glous assemblies. They make police laws on that sub
Ject but this clause is neither for the introduction for
the destruction of African slavery.
hold therefore, that if African slavery be there in
the Territories the Legislatures cam without any other
provision than contained in the original BILL pass all
the police laws necessary for its regulation in order
protect society from riots, improper sssembages con-
spraces, or whatever else may be regarded danger
Gus 70 the public welfare hold, therefore, that if
should be decided by the Supreme Court of the United
States that slavery can rghtully go into the Territories
under the constitution and laws of the United States
not necessary to make any additional provision for its
regulaon-that the power will rest with the Territorial
Legislatures to regulate it, matter of course
One thing certain, that the honorable Senator from
Kentucky, (Mr Clay0 who bears the burden of this BILL
does not think that the amendment offered by the hon
orabe Senator from Mississippi will make any change
in the effect oil the original bill while the Senators from
Mississippi and Georgia thi * directly the reverse For
my part lido choose to take the hazard Of any
change. move TO postpone the further consideration
OF the subject until to morrow
AT the request of Mr.. DoDGE, of Iowa, the motion
was Withdrawn for an e PLANTATION
Mr. DODGE For the purpose OF putting myself right,
wish to say, althoughi does not sustain in ari-
buting to the honorable Senator from New Hampshire
the language which | did, and although made the
amende honorable at the tme that have here his words
literally He said 81 hope the South will not point to
US when we are defeated, and say to us. as JOHN Ran
doph said of some else, we have bought you dog
cheap"
Mr. Dayton's motion was then agreed to.
On motion, the Senate ad journed
A n