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

Hampshire think we have occaaion 10 consrstnlsss
ourselves upon the asunsn. made this morning for - 70
that part going 10 assert the constitution only recognises
slavery ~ The States that is too shallow to pass any
where Everybody knows that slavery exists in The
States Inc constitution goes out OF the States with
savesn them. Slavery exists not only in the States,
when they flee.
The constitution gave 10 slavery an expansion equal to
lne territory OF the United States That is what Il did
and more than that. Il did not confirm or establish il
within the States The States were independent, thew
were the creators. not the creatures We have occasion
70 conga'uiae ourselves say, upon the argument OF
The senator from New Hampshire who has to-day made
such demonstration. that hereafter his declaration
against slavery as moral, social, and political
must forever cease. He has here established that in
every Territory where was not prohibited BY positive
law, slavery has grown up institution | hope the
senator from New Hampshire will learn from this fact,
that he draws from experience, history, that slavery
IS moral social and political blessing and il takes posi-
tive law TO exngush it, That is the end OF the senator's
argument IL is supposed that is his concusonthat is
The great confidence which have in the judgment Of
my friend from Alabama Mr.. KrNGl always inclines
upon this occasion and would say to my friend. his
whole argument rests upon his opinion, that the amend
ment ls unnecessary entertain different view; and
ask whether should not be governed by my expe.
renee and opinion II il is to him OF account i'm.
portance, and to me OF some importance, why ask TO
surrender ls His whole argument is, that il effects
nothing II il effects nohing il cannot be Objectionable
TO him II certainly can effect nothing
Mr.. KING. Mr., President said the promise effected
nothing beneficial and nothing injurious. inasmuch as
the territorial legislature, having the power to legisate
upon rghtfu subjects, would embrace this property
But it was injurious. il the object to try TO settle
these questions oy making las Dbl such as 70 allow the
positively injurious unless great many individuals
gave to it construction different from that which is
placed upon it by those who suppose that proviso is
naturally intended to introduce slavery
/ Mr.. DAVIS. of Mississippi, (resumng) Mr.. Presi-
dent, il any will read the amendment, he put
that constr ucton upon il. Gentlemen may draw that
sructon from the feelings which they attribute to
individually. They cannot draw it from theJanguage
they cannot find il there will say TO my friend from
Alabama, in the mnority and in the minority
purpose should be- not TO evade the question: and when
ever question is heard, we should meet it distinctly
and settle Iif we
Now. my object, as already avowed is to settle this
question; but II is not to pass the bill am not here
striving for the passage OF the bill to receive
ton hereafter at the hands of the majority when
know ! represent the minority. This question was
raised in the language OF the bill. Ii ii meant no
more than what the amendment states, then it can
do no harm in saying that it meant much and no
more II it meant anything else, am opposed to it.
The senator from Alabama thinks nothing else
II means nothing else, why may we not vote upon il
and close the question: and prevent agitation and dis
cusson OF this question in the next Congress under
stood the senator from Massachusetts [Mf WEBsTER]
not as saying that the institution question OF
importance, but the amendment, 1t touched nothing
more than was done in the bill. He said he willing
to declare the territorial legislatures should not be n
vested with power TO admit or exclude slavery. That
10 the amendment that is already proposed.
i Mr.. WEBSTER, Tin his seat) Ii is in the bill also
Mr. DAVIS, OF Mississippi. This questionable Ian
guage has been substituted. however proposed by the
senator from Mayand-the language has been snbsti.
tued that the legislature shall not admit exclude slave
ry n the Territories. am not this is the exact
languages and, therefore, the whole purpose OF the
tor, far that is concerned is already answered by
the proposed amendment But, in regard this, the
legislature should have power to admit exclude
slavery Ii we have the right 10 carry slaves into the
Territories, IL is question whether the legislature shall
have the power 10 govern the slaves when there,
merely property, but pesons for they occupy both
n he andl HAN
as persons they must be considered property They
occupy joint position relatively Now, sir, desire to
prevent the possibility hereafter OF construction that by
prohibiting the legislature from admitting or excluding
slavery, have also prohibited them from regulating
as property when in the Territories, under whatsoever
laws authorizing them to go there. Now, my difficulty
is this will suppose case and have right to sup
pose case for the sake OF argument. / will suppose
that an act from territorial Legislature respecting
way negroes should come up here from OF the Terri
torres which we are now proposing to organize, at the
next session, for approval can readily imagine
how readily some one here would rise and object that
that was law establishing slavery in the Territory, be-
without such regulations, slavery could not exist
In the Territories could wish that all would be gov
ened by the just views expressed by the honorable
for from Massachusetts, MIR WEBSTER, and give the
language he has proposed the he does but
we know that such would not be the II il so,
acknowledge there would be need for the amend
men which seek TO have passed but all do take
that ground and therefore there be MOTH
ing Objectionable in the amendment, by way OF settling
the meaning Of the language which is used !, merely
declares what portion OF the Senate contend equally
provided Tor without IT, and there be no harm Ak
ing the right understanding OF the matter upon those
who may hereafter be disposed TO dissent from il.
Mr.. DAYTON. Mr. President wish To call the at
tenton of the senator from Mississippi MR. DAvIsl TO
one fact which may be considered as an opposite illus.
iraton OF the subject under consideration. The
amendment. suggested by the honorable senator from
Massachusetts Mr. WEBsTERl as being in the hands OF
the honorable senator from Indiana, Mr. WHrrcoMB is
an amendment providing against the establishment
clusion of slavery in the Territories. The honorable
senator from Mississippi supposes the case that runa
way slave may get into one OF these Territories.
Mr.. DAVIS of mississippi. No; no.
MIR. DAYTON. That the territorial Legislature passes
law upon the subject, merely began at the other end
OF the statement, and would have come TO the same
thng for the purpose OF protecting that species OF prop
ery and he supposes them that might rise up
here, and say that that law establishing slavery
Now, take the case in Illustration 10 which wish 10 al
ude The constitution OF the United States has provi-
sir, there rs not State in the Union, which has not
passed laws time after time protecting worship and
gious assemblagesprotecting them, chartering them,
securing them IN their property, &c.--making all the
rules and regulations upon the subject which were
cessary for those purposes. How IL II to be doubted,
therefore, that although there should be authority in
the territorial legislature TO admit or exclude slavery,
that Il could make all necessary police regulations
spechng Il II II found itself there
Mr. DAVIS. There is now fanatcal excitement upon
tins subject which viii not stop to coolly; and
understanding of the meaning OF any laws that may be
passed affecting our rights.
MIR. DAYTON. was looking AT this question as a
mere judicial and legal one; and in applying the ordinary
principles OF legal interpretation perceive no necessity
| for any such legislation as ls proposed.