Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-03-30

free and tie shsehodng States This regard as entirely
inadni's'oie-as morally and physically impossible, in any
event.
now pass TO another question which has been introduced
into this debate In the desuory dscu some
weeks ago, came under obligation the Senator from Mis-
slssPPi lMr DAyIs) to establish the proposition that
the time OF the acquisition Of California and New Mexico
slavery was prohibited by law throughout the Republic
Mexico and that by virtue Of the treaty and the laws
TONS that prohibition continues to be the law of the land
the Territories acquired, and must remain in force forever
uness repealed by competent authority Since that discus
took place the Senator from Mississippi has made speech
upon the subject in which he referred and quoted all the
laws OF Mexico bearing upon that point with the exception
OF the provision the constitution of S4S confirming the
previous laws, and prohibiting slavery in all Mexico From
this It would seem that the point at between in
regard to the effect of these laws, and their exist
ence me attention of the Senator had been called to the
constitutional provision to which have alluded, pre-
that there would have difference of opinion
tween u.s. even in regard the effect and validity of those
laws N me mean time the distinguished Senator from Mis-
sour M BESros) has made argument upon the ques-
tom in which he reviews all the laws and authorities upon
the subject and establishes the position for which contended
IN manner SO conclusive all doubt upon it, Any
thing that might add would weaken rather than strengthen
he force OF that argument will therefore adopt the speech
OF the Senator from Missouri this point and ask the Sena
tor fom Mississippi 10 accept in discharge of my promise
upon the other branch Of the proposonto witt that the
laws OF Mexico prohibiting slavery remain the laws Of
the land in California and New Mexico, by virtue Of the
treaty and the laws of nationsI will quote only auho
", and leave the case TO rest upon it.
read flom the case Of the American Insurance Company
Of al Us Canter, in LIST Peerss Reports pages 5424:
sThe usage of Is f nation be not entirely SUBJ
died. to consider the holding of the conquered territory
the treaty. Of If % ,s hv M Yer
ton is conhrmed and the ceded territory part
the nation to which sannexed; either the spn
lated IN the treaty OF cesson such is shall
impose On such transfer Of territory has euer 6eeAed
that The relations Of tie ha5tans each other undergo
change Their relations with their former sovereign
dissolved and relations created between them and
the Government which has acquired their territory The
OF those who remain in and the law which may denom
mated POLITICAL necessarily changed although that ch
g1Aates the intercoau,s and general conduct udvals
State f' : -
Here find that m has never been held the. the reIa.
tons Of the inhabitants with each other undergo any change
The "law denominated political onlyis changed What
that political law is will appear by the following passage from
the same decision:
at has already stated that all the laws which were in
force in Florida while province of Spa those excepted
which political in their character which
relations between the people and their sovereign
in force until altered by the Government of tie United States
This is the doctrine of the Supreme Court Of the United
States in opinion delivered by Chief Justice Marshall
and concuned in by all the judges. could quote many
oher decisions Of the court to the effect but
this will suffice Thus appears that, when acquired
New Mexico and California, the act treaty which transfer
red to the territory also transferred with all the laws
force the time except those rela the allegiance Of the
inhabitants to the Government o. Mexico This rule is Of
subject to the further limitation of such laws
inconsistent with the Constitution Of the United States
the fundamental principles of Government OF this
the law creating established church part the
government Of the State. That and all other laws inconsistent
with form Of Government became void by the treaty Blu
law adopted by the people themselves prohibiting slavery
cannot be deemed of that character Slavery then, pro-
hibed in all the country acquired from Mexico by unda
mental lava constitutional provision adopted by the nhab
ans OF the country and which must continue in force for
unless repealed by competent authority This doctrine
is not with me, is it advanced by for the
first time advanced 1t the first time the Wmot provisc
proposed in the House of Representatives
amendment to the two million bill. On this point trust
will be excused for reading passage from that admirable
work. Wheelers Biographical and Political History of Con
gress Speaking of myself the author who that time
reporter in tho House, says:
He (Mr. DoUGLAs opposed the incorporation of the Vii
mot proviso into the two and three million bills he believed
the proper time had on that subject
which practically might never arise Sauery mas ne.s bro
h6ifed az er1co any portion of that country should b.
annsred 70 the United Staes, .uithom any stipulation being
made that point ahe ersng Lvs voad force
tar they NTH constitution until repealed
by competent authority That authority be either Con-
the people OF the Territory If Congress- then the
North have the power in hands if the people of
Territory they would be left to decide the question for them
selves, according to their own wishes
now to consider California State. The ques-
ton now presented whether will receive her one
the States Of this Union. And sir why should we do
The proceedings it said in the formation of her
stuton and State Government have been Irregular If this
be whose fault it Not the people Of California
tanly for you have refused for the period Of two years.
pass law pursuance Of which the proceedings could have
been regular.
Surely you will not punish the people of California for your
sins of omission, if not Of commission. The peo-
pie of California entitled to government ought have
had one, and is their fault that given to
them Nor my fault It will be recolected ty every
Senator present. and ust the fact will not be forgotten by
the country that than year ago. in December,
1S4S brought in bill to authorize the people Of California
to form constitution and State government and to come
into the Union Had that bill passed. the proceedings would
have been regular Every thing would have been prescribed
by law and done according to law that the most fasd
could have found nothing complain Of The people OF
California would then have done in obedience 10 law precisely
what they have done without law The previous assent OF
Congress would have been gven the qualifications OF voters
defined the mode of conducting elections prescribed the time
and place for the Convention assemble fixed and in Short
all the rules and forms Of proceeding would have been ea
bshed by law according the mostapproved presidents
pressed the passage of that bill upon Congress during the
whole of the last session. from the first week until the last
day. But failed and why The arguments urged against
II were among others, that unnecessary there no
satisfactory evidence that the people Of country desired
1t that If they did, they could form then Unsituon, and
present themselves for admission at this session, without
act Of Congress authorizing just well with Pece-
dents referred for the purpose Of showing that such
law wholly unnecessary, in the case of Vermont,
Tennessee Mane Michigan and perhaps Others where
thing of the kind required. Well the bill defeated,
and the people Of California acting upon these suggestions
and relying upon the presidents cited, have formed const
tuition and presented themselves for admission Now they
be told that they cannot be received because Congress
failed to pass such law and the proceedings irregular
without it, do not precisely understand what meant by