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

W ptuslSlOu PcoPic W
Territories from legislang in respect TO African slavery
would desire TO il stricken out and repeat dc
not conceive how my friend from Michigan who usually
thinks with me- and who acted with me in the last cam
paign can Tor aprovlsion OF this kind without aban-
doning the position he then assumed. Upon that point
have the senator from Mississippi with me renien-
Der that early in the session, he made speech here 10
which he declared that he put that construction upon the
letter OF the senator from Michigan, and that il made him
little lukewarm upon this question IA relation TO n
That the construction he put upon at the time All
the arguments used in favor of popular rights and in
favor OF the peoples deciding the question for themselves,
all led TO such constructions
conclude now, by saying that | do not believe the
Senate agree upon any principle by which The bill
pass wing governments to the Territories in which
slavery is mentioned II you prohibti j, II you esab-
sh L., ii you recognise it. il you control II, you touch
The question OF slavery at ALL your bill cannot pass this
body, in my opinion The only bill that you can pass, is
bill that is open upon that question: which says ing
upon the subject which leaves the people to do as they
please and 10 shape their institutions according 10 what
they may conceive TO be their interests both for the pres
ent and for the future.
Mr KING obtained the f,or but gave way 10
Mr. DAVIS, OF Mississippi who said ! have no righ!
to ark the senator from Illinois TO read my speech but
think may ask him to read the amendment which is
lying upon the table before he makes remarks upont IT.
however the senator had considered my poor speech to
be worthy Of perusa think he would never have taken
occasion 10 speak OF my being lukewarm---
Mr.. DOUGLAS, (interposlng) The senator misap-
pretended me. said ukewarm in respect 10 this one
poia-arlsng from doubts. fears, and apprehensions
MIR. DAVIS had no doubts, fears, or apprehen-
sions know him u be wrong upon that point But |
took him choce Of evils, [aug ghterl and supported
him cordially thought that was wrong doctrine
but in other points believed him to be right and gave
him my earnest support. rumphed personal feel
ngs which very to and if the senator from
Illinois will review my course in that campaign he will
make that statement again Ii the senator from ILL.,
nois had listened 10 any of my arguments in favor OF
this amendment he would have fallen the oil
sppP@osng @ that ny M in seemed par pdsH WITH
learned from all that have said that was claiming for
the territorial Legislature that power TO protect property
which conceive TO be the great duty OF government
am glad to have the senator upon more tangible po
sltion than that which he occupied when he put the
right OF legislation in the Territories upon the law OF
God. He now bases it upon the authority which they
derive from our legislation in Congress Then, sir, the
question goes back directly to his What the powers
Of Congress- Over what subjects we legislate
Now If Congress have the power determine what shall
be property-if Congress have the power TO lay down
mees and bounds within which certain property shall be
eensr au thai svhority othsrWise NOT listened with
surprise the chairman of the Committee Terri.
tories, when he said that pass laws to prevent the in
PRODUCTION OF gambling tables and banks, and OF whskey
into the Territories. suppose the senator must refer to
laws relating TO the introduction OF ardent spirits among
the Indian tribes.
Mr. DOUGLAS refer in part to regulations relating
to the Indian tribes; but referred, aso TO organized
Territories Of whites, and to prohibitions relating to
them.
aware that this Congress has undertaken to decide
what is property, and where il shall be held. have yet
to learn that any such power has been exercised by
certain articles from going among the Indian tribes OF
the Territories. suppose that that must be what the
alluded to- The Congress has passed laws keep
ing whskey out from among the ndians but Tor that II
derives its power from specific authority contained IN
the Constitution, to regulate intercourse with the Indian
tribes.
The senator from Illinois [Mr DoueLasl announces
again and again, however that claim from the Congress
OF the United States the establishment and introduction
of slavery in the Territories Now sir IT is passing
strange that amendment which simply goes to prevsat
Congress from restricting the territorial legislatures from
passing certain police and other necessary laws should
be construed as direct law for the introduction OF
slavery into the Territories. Time and time again have
said 10 the Senate that claim more than
our constitutional rights; and claim that, II
that constitutional right TO take slaves into the Terri
tories, Congress shall not prevent the Territories
from passing tho police laws which may be necessary
for their peace and protecon and for the protection
Of that species OF property u y passing strange that
any all OF this should be construed into law TO intro
duce slavery into The Territories. Does not the senator
know that have and again denied to Congress
the power to do that denied it, because the power TO do
that implies the power to do the opposite and denied Il
because such power is contained IN the Constitution
How them do insist constituting my amendment
for specific obec, into the exact opposite OF what it
presses, and of that for which s intended He must
have sharp vision, indeed who can discover in the
amendment, which have proposed, anything which looks
towards the establishment oi slavery in the Territories by
the action OF Congress say. therefore, in the end
said 10 the beginning. that regret that the honorable
senator did take the trouble 10 read my amendment
before he undertook to make argument against IT, and
to draw conclusions from which could not be drawn
from IT,
Ii the constitution OF the United States does apply
10 this species OF property II under the constitution and
laws OF the United States have not the right TO take
our slaves the Territories, then, SIR Congress cannot
confer that right upon but IL have that right un-
der the constitution and the laws, and IL there obsta
ces in the way the exercise OF that right Congress
withdraw those obstacles, and refrain from throwing
such obstacles in the way herself II the Mexican laws
are now in force in the Territories, and do prohibit sla
very here II is the bounden duty OF Congress TO repeal
those laws at That part OF the duty which you
property, and 10 this species OF properly, in the
same you would owe II 10 mules and spinning
ennies any other species OF property which might be
so prohibited. What reason be given why slaves
should be exempted from any rule that would apply TO
other species Of property TO which II Is not pretended
that this Mexican law continues to have application
Mr. WALKER. Mr. President, cannot yet under
stand this amendment, as am deslrous OF DOING for the
purpose OF regulating my own action in relation to the
from Mississippi [Nr. Davfsl is simply TO give to the
legislatures Of the Territories the power to protect prop
eriy generally, not slave property exclusively.
Mr. DAVIS Every kind Of property.
MIR WALKER So understand IT, Well, sir, | find
the bill originally introduced does already provide that
the power OF the legislatures of these Territories shall
extend to all rghtfui subjects Of legislation consistent
with the constitution OF the United States, and the provis
ions of this and wish inquire, il upon the top OF
that proposed add the provision OF the amendment
of the senator from Mississippi, Mr.. DAVIS, rather
whether II can be al all necessary TO do so Why the
bill already declares that the legislative power shall
tend to all rghu subjects Of legislation Is the honor
able senator prepared 10 question deny that regulate
properly is righu subject Of legislation and will not
mis- amendment upon the bill be sheer tautoIogyi II
x he 10 that the territorial Legislatures shall have