The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-03
SPEECH OF
MIR. YULEE, OF Florida,

Just taken his seat, Mr.. FooTE,] continues
to charge that, because some oil US on this
side the chamber believe that the Mexican
laws abolshing slavery were abrogated upon
the withdrawal Of Mexican jurisdiction, we
act inconsistently with that opinion in press
ing amendments of the nature offered by his
colleague. Well, sir, consider it a suffi-
Gent Justification for Legislation upon this
point that d, ubt exists in any quarter as to
the correctness of the opinion we entertain.
Will the senator deny that there is good
ground for doutt when eminent statesmen
and jurists, upon this floor and elsewhere,
express an opinion directly the reverse ofour
own, and when it is asserted by many of
them, as it was once by himself, that the Su-
preme Court stand committed to the opinion
they urge' With this grave diversity Of
opinion existing, conscious as we all are of
the fallibility Of human judgment, we may
well hesitate upon point so material to our
section, and seek to resolve the doubt by the
exercise Of an undisputed power to declare
what shall be the state of the law. 1t is a
very appropriate province OF legislation to
remove doubts which may affect the security
or enjoyment Of private or political right.
Our reluctance to leave this point open to
further cavil, by emitting such legislation as
would close the controversy upon it, is not
relieved by the very positive opinions now
expressed by the senator 1t is too brief a
time since his mind was disturbed, not only
by very serious doubts, but apparently
by strong cow ction that the Mexican laws
remained in force in the Territories, to justi-
fy a preremptory reliance in his present judg-
ment.
Mr.. FOOTE. How recent?
Mr.. YULEE. Wien the Clayton Com
promise was under discussion. The senator
then not only doubted, but seemed strongly
to apprehend, that the Mexican laws abol-
ishing slavery did remain in force.
Mr.. FOOTE. How is that, sir ?
Mr.. YULEE. will repeat for the BEN
eft OF the senator said that so recently
as the discussion upon the Clayton Compro-
mise bill, the senator founded one of his OBJ
jections to that bill upon the apprehension
that the Mexican laws remained in force,
and that no provision was made in it for their
repeal.
IS Mr.. FOOTE. You are mistaken, i think
Mr.. YULEE. have your speech be-
fore me. 1t was delivered on the 25th Of
July, 1s4S the Clayton Compromise being
the subject of discussion.
Mr.. FOOTE thought you said on a
recent occasion.
Mr.. YULEE. 1t was certainly not a
very remote occasion. 1t was the general
scheme of compromise, next Immediately
preceding the one now under consideration.
Mr.. FOOTE. 1t was, then, before those
doubts had been removed by the cogent rea-
soning of gentlemen. One moment before
you read it,
The PRESIDING OFFICER. Does
the senator from Florida yield the floor
Mr.. YULEE. i prefer to read the ex-
tract first, if the senator will allow me. Here
it is:
He [Mr. Footel referred to the argument of the
senator from South Carolina, Mr.. Calhoun, that
the introduction Of new territory, acquired by
conquest, into the Union, although slavery may
have been abolished there previously carried sla-
very with it. To this Lis heart assented, but his
judgment could not yet assent to it. He was still
in doubt. He feared that the argument of the
senator from Vermont had not been answered,
and that it could not be met in this Senate, and
that it could not be met in the Supreme Court,
and that the decision Of that court, as it is now
constituted, would be against the South. And
then, said he, where are WEI
Mr.. FOOTE. Will the senator from
Florida do me the justice to send that report
Of my speech to me'
Mr.. YULEE. shall have occasion to
use it further. Now it is evident that the
senator did not consider the question to be
without serious doubts at that time, and
thought there was reason to fear the SUI
preme Court, constituted as it was, would
be against the South" The same materials
compose the court now as them And very
pregnant was the question when he asked,
in the an icipation Of an adverse decision,
" And, then, sir, where are we 7" Irepeat
the question now. If the result of the decis-
ion should be such as he feared, where would
we be under this bill! Where would he, by
his present course, have helped to place US
But to fortify the propriety Of our acting in
this matter with reference to the doubtful is
sue Of the point, and not with logged con-
fidence in our own Judgment, beg to pre-
sent striking example Of the same course Of
action by the senator.
The senator is willing to accedc in this
bill to an adjustment Of the Texas boundary
which yields large part of the territory
claimed by Texas. Now, it is not long
since-it was at this very session--the SEN
ator introduced well-considered series Of
resolutions, one Of which will read:
R,,olred That the western boupdary of
Texas is already fixed upon the Rio del Norte;"
and that the title of Texas to all the territories
within her boundaries, as the same were formally
specified in the act of the Congress of the republic
of Texas of 1896, entitled An act to define the
boundaries Of the republic Of Texas, is so clear
and UNREASONABLE thatit cannot now be formally
violated, or even seriously drawn into dispute by
this government, without serious violation of
the principles Of good faith.
Now, this was very decided language
The senator declared that the right of Texas
to a territory within the boundaries de-
scribed in the Texan law of 1886 was "clear
unI 0nouoeftoouhLo >, ~ ..,ll - L. IL,