Weekly national intelligencer., 1850-07-27


the enjoyment OF their constitutional rights by citizens of the
United Seies, shall be removed What though it may be
in our powe by an appeal TO the courts finally to remove
this obstruction by the adjudication Of The courts The duty
of Congress hes befoe and that duty is the citizen
the necessity OF seeking hands of those rights
which - the duty OF Congress protect him in have
objection to modify the language of the amendmen by
substituting the words "declared to be null and void II
very much In accordance with the position which took
former occasion. do intend, by the language of the
amendment to admit that those laws do exist against the
constitution of the United States and do believe that il
has that effect at ALL am willing, however, to modify the
language, as suggested by the Senator from Forda if that
will make It more acceptable gentlemen Of the opposite
opinion But the Senator from Kentucky fails to make
Distinction which one could be able to make than
hmsehe difference between the power protect and the
power to destroy the difference between the duty protect
and the right to destroy. Sir follow because
call upon the Congress Of the United States protect the
citizens OF the United States in the enjoyment of their pro-
pey that we therefore acknowledge right Of the Con-
g.ess OF the United States to deprive them of their property
The one IS duty the other they expressly forbidden by
the constitution to do The distinction is broad and has
been too often and too ably enforced by Others render
necessary that should detain the Senate upon it,
Mr.. DAyIss amendment then modified by substitut
ing for the word repealed the words declared be null
and void"
Mr.. BUTLER. Ihold that il was the solemn duty this
Government the day after acquired these Territories
have taken jurisdiction them and to have repealed all
the laws OF the conquered country that might substitute
in lieu thereof the laws Of the conquerng country And has
it 10 this, sir that afraid repeal the laws
the conquered country for fear that under that repeal
ton OF the citizens OF the United States may have bare
eligibility to 60 there without contest
Mr.. FOOTE. Will my honorable friend allow to ask
him whether not he considers the laws which he refers
the subject of slavery to be in existence in the terri
tory acquired from Mexico Because, if he does and will
say such my respect for his legal acquremens that
will induce consider whether my original intention
vote against The amendment is such ought be
modified wish him to say whether it not his deliberate
Judgment that the laws of the conquered country repealed
by the force of the constitution of the United States
Mr.. BUTLER. What if answer that do not see any
| harm in saying SO "-
| MI. FoOTE. But wish to know your opinion.
Mr.. BUTLER cannot that there would be any
thing wrong in saying what he assumes to be true.
| Now with regard 10 the laws Of Mexico how far they
would be affected by the acqus ten of the territory and the
extension OF the constitution and laws Of the United States
OVERT far applicable have given opinion
undertaken to say what would be the decision Of the court
upon that subject do say however, that the enlarged and
proper view Of the subject presented by the Senator from
Georgia (Mr BKRRIEr) has been sufficient my mind,
satisfy any reasonable that such would be the result
Bat sir, has this, that if such laws do exist
force gentlemen afraid to exercise their Legislative
functions repeal them, and declare them null and void
If they not in force, why they afraid to make deca
ration which may give, the Senator from Kentucky sad
point of honor the South giving every thing
North in the way of land, and to the South inch o.
honor Sir, hasit to this, that afraid say tha
will repeal the laws in relation to the interests of por
ton of the people, while repeal them in every thing else
If so, hope it will be clearly understood.
i Mr.. FOOTE. My honorable friend from South Carolin,
talks about gentlemen being afraid to do this thing and thu
other But for the high respect entertain for the honorable
Senator, would say that he looks to little afraid" t
answer my question. propounded distinct nterrogatory
to him. and appended to it solemn statement of fact,
my regard orhis legal learning and judgment wished hi
advice. asked distinct question, whether it not hi
opinion the present time that the MEXICAN laws the sub
ject of slavery were now extinct So formerly
| ht thoo t~loC
HoUN and by the distinguished Senator from Georgia. (r
BERRIES.) So taught by a number of gentleme
the opposite side of the house, and among them by tn
honorable Senator who occupies the chair Of this body
(Mr. KING. Such is my present opinion; aud my
for not voting in support of this proposition is that
will be induced, by excited local sentiment to do ha
which consider unnecessary and luscy II had the ea
doubt the subject Of the Mexican laws with regard sls
very being at the present time null Why might be incline
to vote for such amendment this, though do nc
know thaI could do with propety then, nasmuch
am non intervention and if this amendment has
effect ALL it will have the effect Of altering the condition
the South in regard slavery in the Territories If doe
not do this, it will be entirely nugaory
i Mr. UNDERWOOD. Mr.. President, l feel consraine
to vote for this amendment and desire assign the
for doing vote for it upon the ground that this BILL
stands, does not maintain nonsitervenon policy. Thi
bill says expressly ha. the local legislatures shall
existing system laws upon the subject of slavery which
prevail in the Territories. Now sir, you legislate
contnuen force existing system Of laws, is it not precise
70 auopuDg system az HtLtOs mere Is
dferencei and how you call it non-inervention Yo,
in this bill that the existing system shall remain in
You say by refusing allowthe egisaureo repeal it
Now sir, my mind is obtuse that cannot discriminate
between declaration that the local legislature shall repea
law and the positive enactment of that law Itnnk there
FORE that this bill departs from the doctrine of
ion. That has been my objection from the start and
upon all occasions been eneavorng of the
that principle which contains that ties the hands of the
local legislature. That would leave intervention
the part of Congress in every particular Now, sir, regard
ing this bill as do legsatng to pepauate those laws
which are believed be in force go for the amend
the gentleman from Mississippi (Mr DAvIs to
pea abrogae them, by declaring them null and void in
conformity with the principle which have always main.
| tanned
| Mr. BUTg,ER. The Senator from Mississippi complain.
ed that had not answered his question. will do it
NV opinion conformity with the opinion of the dsn
guished Senator from Georgia, (Mr BERRIEN) Taking
bread view of this subject think that all the people in the
States of this Union part Of these Territories, and
by vue Of ownership have right there under the
exclude them That is my opinon but at the time
may have very different view what may be TIE opin
ion of the courts That is a very different thing know
chat Judges go by precedent the ca Of English judges
have he'd occasion to arguments of that kind. do
not wish any Intervention; want law to declare that
may carry my slaves there, exclude All ths seek
to every obstacle that may exist there out of the
way and leave perfectly free for any body to there who
chooses. do not know that any body will there with
slaves My intention is not to extend slavery to exclude
it. want intervention at ALL You have repealed all
Mexican laws but this You have done away with
the whole system Of projects and aeeldcs all the Judicial
tribunals swept away all arbitrary decisions by which
men were deprived of their liberty swept away also
and know, every thing relating to the succession