The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-13
In CONGRESS OF THE U. STATES.
THURSDAY, APRIL IL, 1850
I'm CONTINUATION

IN the IteUlutiOns DcIOIt tue Cendc. enough
already been consumed in such discussion and desire
action; but before | vote upon the amendment now
pending feel bound to state the reasons for the vote
shall give. The legislature OF the State have the honor
10 represent in part have instructed me to vote for
bill for the organization of governments for the Terrific
RES unless such bill shall contain express inhibition
OF slavery therein recognise the right to give such in
struclions, and have no constitutional difficulty in the
way OF implicit obedience to them. think il competent
Tor Congress TO give government TO our Ierrtores and
to prohibit slavery therein II s power that has been
exercised from the foundation OF this government to the
present daya power that results from the right to ac-
quire for our government can acquire y must have
the power 10 take OF its acquisitions to govern them
to make all necessary laws tor them; and, under the
constitutions Congress must judge what laws neces-
While instructed to vote and feeling bound to vote, for
no bill which does not contain prohibition OF slavery,
am impressed with the conviction that the feeling Of my
constituents i universal IL iayor OF the Immediate ad-
opinion heartily concur and think she shoald be ad-
mitted without delay II is understood that great
object Of the resolution Of the senator from Mississippi,
[Mr FooTE, ls TO have incorporated into one bM the
admission OF California and territorial governments TOR
New Mexico and Utah II that is done, the Senate will
perceive that shall be placed in The position by voting
unwilling to do; by voting for the bill TO vote against
the explicit instructions OF the Legislature OF my State,
Now, sir, cannot voluntarily place myself in this d.
lemma.
One word more upon this subject. think il due to
truth to say that while recognise the right OF Congress
to prohibit slavery in these Territories for which we are
attempting prepare governments not SO fully i'm
pressed with The necessity Of such prohibition. under
stng circumstances, as some gentlemen appear 70 be-
concur mainly with the honorable senator from MissOu
ri, Mr. BENTON who expressed the convic0H that the
Proviso applicable to these Territories, cloud
without rain-an unnecessary enactment OF law that
is already there.
As practical men, we must take cognizance of known
facts II is now perfectly understood, that there is de-
cded and fixed majority in this body against the Proyiso
This fact declared the other day by the senator from
Connecticut, Mr.: SMITH He reiterated il as well
known and beyond all doubt The admission Of Califor
MA is well understood, will add two more votes to
that majority We must them regard 1t as settled, that
neither at this any future session can that measure
pass this body What, then, are the aernayess Either
non-action, and no bill or bill giving government
but without congressional prohibition OF slavery 10
either case. Which course, them is the best and safest
to be pursued and which ought to be adopted The
senator from Missouri Mr.. BEsTos] demonstrated. a
few days ago. that slavery prohbied in these Terri
tories at the time OF acquisition OF them, by the laws
and constitution OF Mexico. These laws remain IN
force and the Provso is now there, prohibiting slavery
throughout their entire extent II is well settled pn
cpe OF law, repeatedly recognised BY the most eminent
ursts, and by the Supreme Court that upon the acqus
non O. territory oy one IRON nc, M, ne
nieipal laws remain in force Political laws are those
which regulate the relations between the people and their
government; municipal laws those which regulate
the relations OF the inhabitants with each others and
nothing is obvious 10 my mind than that the laws
respecting slavery are embraced in the latter class Nor
is slavery carried into these Territories by the constitution
Of the United States for il carried there by the force OF
that Instrument is also extended into every Territory
and State OF the Union Notwithstanding any law to the
contrary, by the authority, which the paramount
law OF the land Ii would therefore that slavery is
as fully inhibited BY the Mexican laws as il could be by
any act OF Congress.
forna upon this subject; and gives assurance that
these questions are safe in the hands OF the people them
selves.
Moreover, the geographical character and insulated
position of New Mexico and Utah forbid the establish.
ment OF slavery there. They are many hundreds OF
miles from market, that the cost OF transportation OF ag
rcutura products would, in many cases, exceed their
value the place Of sale and slavery only be profit
able when the productions Of its labor can ind mar
ket
wish to add that desire to see the questions that
are disturbing the harmony Of the country and delaying
the business OF Congress settled Ii is due TO the coun
try that questions which irritation and create sec
tona prejudice should be put to rest II is due to just
regard for the public business IL not disposed of now, the
future sessions of Congress will be occupied precisely
the present has been and the general business OF the
country entirely neglected SO long as these questions
remain open no other subjects command the calm
and dspassonate consideration of Congress Non. ac-
on then, is the worst possible policy tha; can be pur
everything open for future agitation, without the posi-
by OF any other practical result than that which would
be attained II will tend, moreover, TO the premature
introduction Of these Territories into the UAion as
States.
oppose the reference Of this subject to committee for
another reason We have now before us bill for the
admission Of California, and bill for the government OF
the Teitoesboh maiured with great care, and report
ed by the appropriate committee and II majority oil the
Senate should determine 10 unite the Two measures IN
BILL it would be infinitely better to do so, by uniting
these bills, than TO send the subject committee
TO report another bill, which will require to be again ex
amned, and open new discussion. | think il better,
therefore, TO have action upon practical measures
already before the Senate | beg senators favora.
bic to the success OF these measures, and who wish
them all to pass TO consider whether by their union
The test vote which any bl will have to encounter is
the Proviso and that as well be put upon the dou-
bic bill as the single one, for the Territories Can any
good result therefore, from this combination o TWO sub
jecs distinct in their character, and which must com
pe to vote against their convictions or Their IN
-uctons Certainly not California, moreover, presents
stronger claims for immediate action than the other
Terrific ties, however urgent their case may be; we
should consider the situation OF population OF one
hundred Thousand inhabitants, coming from different
quarters OF the world, thrown together IN large masses
under circumstances of extreme exposure OF lie and
property without government having legal sanction and
therefore without credit oy TO procure the means
to sustain those laws which they have provided for Their
protection The exgency OF their case demands immedi
ate action at our hands, and they ought not TO be subjected
10 that delay which would arise from connexion WIN
other questions. What the objections TO the adnls-
sion oil this Siatel Is said that Congress did not au
thorize the formation Of constitution. True; but y
an our power ratfy the act OF the people. II s SAID
the South has been excluded from the country and has
their constitution the South was fully represented and
both of the senators elect we'll The governor, were
from that section oil the Unon and cannot be presumed
have any other than the most friendly feelings towards
every just measure for the promotion OF its interest
tits alleged that there has been improper interference
on the part of the Executive IN forming the State govern
ment II this be 30, the result shows singular degree oil
magnanmy for this interference has resulted in sending
10 each house OF Congress two gentlemen opposed 10
every political principle OF the administration and dis