The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-22


tended TO the Territories as BY this bill provided and
think has been heretofore done in other modes. will be-
utterly extinct, null and void. without the nterpo-
siton OF this amendment We all understood what the
senator from Massachusetts said the other day; and. as
think we all understood him, his opinion is that the
Mexiean laws the subject OF slavery still in force.
Why' Because he believes, first. that the constitution
OF the United States not carried 10 the Territories
by the treaty; and second thai such laws not ncom
pable with the constitution OF the United States, the
extension Of which, he believes will not have the effect
OF opening the country TO slavery His opinion IS, that
these laws may coexs with the constitution OF the United
States; We think otherwise We think that the consIi.
tuition, pro ygore repeals laws There is great
difference OF opinion on the subject and some suppose The
law OF peonage coexs with the constitution of the
United States
Now, my colleagues amendment does not cover this
ground al ALL II simply provides that all laws now ex
isng in opposition 10 The rights guaranteed by the con.
sutlon oil the United States SHALL after the passage OF
this law have no validity, say again. that when the
has not been already done, il will be utterly unreasona
BILE TO suppose. and am will contend, that
any OF these Mexican laws, repugnant to that instrument
validity or binding force Still the question must
up hereafter. any shall desire TO gate the point,
whether the Mexican law excluding slavery from the
not whether or not they have been repealed BY the
treaty act OF conquest and whether not the effect
OF this bill il it should become law, will be to set
aside such laws il they should not have been already set
aside. have no earthly doubt upon any one OF these
points. perfectly concured with Mr.. Calhoun when
living, that is utterly absurd TO suppose that these
Mexican laws have had any force since the treaty OF
peace carried the constitution OF the United States to those
Territories To suppose that, when by special ac we
have carried the constitution there laws may st exist
there which in their nature repugnan TO the funda-
mental law Of the republic is 10 suppose what cannot
but regard as 2 gross absurd,y.
Mr. DOWNS. am very sorry that cannot support
the amendment OF the honorable senator from Mississippi
(M DAVIS; and the very reason he has assigned IN The
concluding remarks he has made in Offering It is concu
sve with me for not supporting IT. He nmates that ne
harn
the honorable and distinguished senator from Massachu-
sets, Mr. WEBSTER and the opinions OF the honorable
member from Kentucky. lMr CLAY and Others whose
authorities entitled TO great weight that the laws now
existing in those Territories DO not permit slaves TO be
carried there's have raised doubt in many minds; and
therefore he offers this amendment to remove that doubt
Now, Mr. President, know that this doubt exists and
il possible carry out the amendment OF The hon
orable SENATOR here and elsewhere and remove all doubt
although il would be, according to our construction, re-
enactment OF law already existing still to remove all doubt
would go Tor Il But that is not the case II is evident
that this proposition cannot pass even here There IS
majortyl believe in this Senate in favor OF passing bill
neither establishing prohibiting slavery in the Terri
torres and seems to me that every member OF the Sen
ate ought to be convinced that there is not majority
here tor establishing slavery though according TO the
construction OF many members, II Is established IL does
not agree with the construction which Ipu upon II, and
which the gentlemen put upon IT. but according TO the
construction OF many members here who vote Tor TINS
bill, does not exist there without this provision and
therefore this would be tantamount to establishing IT,
presume senator will rise in his place and say that there
majority this body clause establishing slave
y in these Territories wish had such majority il
we had it, would go for the amendment most cheerfuy
Think however, that there is not such majority There
IS an evil which IS proposed TO remedy by the propos.
ton OF amendment OF this kind but votes given to it
not entirely nnocuousfor they place those who Of
fer in the worst position. My honorable friend from
Mississippi GMr FooTEl has intlmated his doubts
whether the Mexican laws admit slavery there Every
senator who votes for that amendment admits his doubt
upon that subject is evident that in the end we can
not get amendment; and here put upon record
"A supge n east-Of
member OF the Senate who votes for this amendment,
that by the Mexican laws cannot carry our slaves
there hope southern man will put his vote upon
record in favor OF proposition OF that kind do not
wish to weaken our position which think such a
doubt would effect Therefore must vote against this
amendment do not wish 10 imply, by an act OF NINE
here that have less confidence in the opinions which
have always maintained than | have had heretofore.
But Mr. President, let us look le further at this mat
ter This proposition must be based upoa one OF Two
hypoheses Il must be based upon the hypothesis that
cannot by the laws OF Mexico take slaves there.
That is one hypothesis II you place it upon that,
this amendment goes further than TO reenact what
by law il does good is imperative. That is
one hypothesis But il you place upon the other, that
slavery cannot go there, and therefore we must amend
some law Tor sending il there, them sir, southern are
introducing the doctrine have protested against and
asking Congress 10 establish il there eyeld our own
ground OF non. intervention and ask my friends all
around me TO consider how we Of the Souih-all OF us
face, reproach the senator from New Hampshire,
MIR. HALEl or anybody else who offers the Wilmot Pro-
propety OF offering exactly the thing the oppo-
site sde which we have offered upon ours II is, con-
slider, IN direct opposition TO the clause OF the b al
ready adopted that slavery should neither be established
prohibited in The Territories For these reasons, Mr.
President, | am sorry that ] cannot concur with my
friend, as could wish TO do in this amendment but must
vote against H.
Mr.. DAVIS Of Mississippi. am sure, il my friend
would read the amendment, he would withdraw his argu-
ment III he does not think il will be because he does
not understand il as do.
Mr. BERRlEN cannot acquiesce in the proposition.
The amendment proposed TO the bill is to be decided,
not with reference TO It's merits but speculayey, in
the passage Of the bill The which give here up.
on the different propositions which submitted in this
bill are the result Of my judgment IN regard TO those
propositions upon their own merits exclude, them from
the considerations which influence my judgment in this
case, all question TO what may be It's effect upon ae
passage OF the bill And SIT, II thought, by voting in
support OF this amendment, deyiatng from any
dertandng which had taken place in the Senate,
ing nconslsenty with any position which had hereto
lore maintained should be disposed 10 vote against H.
hold neither the the other | believe that the
subject when properly understood may be presented In
this aspect The question whether the Mexican laws
not in force, whether they will will not con-
tnue 10 be IN force alter governments shall have been
gained there by the authority OF the United States.
question which divides opinUn here, and which divides
public opinion Now, have not changed, IN the slight
est degrte, the opinion which entertained upon that
subjec,, aud which have stated before the Senate
that opinion does not conflict with the vote which
feel myself constrained 10 give upon the amendment
OF the senator from Mississippi [ M DAVIS What is
that amendment In the hfst place. let me say that by
distinct clause in the bill the constitution and laws OF the
United States far they not locally lnappllcable,
have been extended 10 those Territories What is this
amendmenil II proposes that u there exist 10 these