The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-24


the committee His colleague must know that even
hi Louisiana there was known to the law tribunals
called amicable coinpounders, who settle oontro-
vcrsieS between persons, not upon strict law nut
upon principles of justice and equity.
Mr.. SOULE said that such tribunals always de-
cided the matters referred TO them.
Mr.. DOWNS. They are not confined to the strict
rules of law, but decide upon principles OF equity
| and justice.
MIR FOOTE asked the Senator whether he had
voted for the Compromise committee under the ex-
pee tation that il would decide on the constitution
! ality of the Wimot proviso'
| Mr. SOULE responded. He then examined the
points on which he considered the committee did
not agree to the construction and legal effect OF
! what they had reported.
MIR DOWNS asked the Senator TO state a point
ON which there such difference of opinion be-
tween the members of the committee.
MIR. SOULE said that he alluded to the sections
reported amendments to the fugitive slave bill,
and which his colleague had yesterday stated that
he construed differently from the chairman of the
committee.
Mr. DOWNS reminded the Senator that as soon
US he had stated that yesterday. the Senator from
Kentucky said that he too understood them as he
(Mr DowSs) did.
Mr.. SOULE continued his remarks He said
that his first impressions this subject had be-
come greatly confirmed by the speech which his
colleague had delivered early in the session, the
resolutions of the Senator from Kentucky. He
asked again in what part OF the compromise were
the two obnoxious propositions of those resolutions
denied refuted His colleague had pointed him
to portion of the report: 1t was TO the same part
of the report he would take as doing any thing but
denying them. He then read the following extract
from the report to show that the reasons why the
| Wilmot proviso had been rejected were contained
in the two propositions of Mr.. CLAY's resolutions
viz that slavery did not exist there and secondly
| never would exist there.
| "a majority of the committee have, therefore,
been led TO the recommendation TO the Senate that
the two measures be united. The bill for cstab-
| fishing the two Territories, II will be observed,
oinits the Wilmot proviso, on the one hand, and,
on the other, makes no provision for the introduc-
ton of slavery into any part OF the new Territories
That proviso has been the fruitful source of dstrac
ton and agitation. lit were adopted and applied
to any Territory, it would cease to have any oblig
atory force soon as such Territory were admit
| ted State into the Union. There was neuer
any occasion for it, to accomplish the professcd OBJ
ject with which it was originally offered. This has
been clearly demonstrated by the current Of events
California, of all the recent territorial acquisitions
from Mexico was that in which if any where with
in them the introduction of slavery most likely
to take place; and the constitution of California,
| by the unanimous vote of her convention, has
pressly interdicted it. There is The highest degree Of
probability that Utah and Ne,r Merico ,ciH, ,chen
they be admitted States footo The example "
| He then examined whether the bill. as it was re-
ported, was the same in this respect as the Clayton
compromise bill which passed the Senate two years
ago; denying, and reading from both to show that
il was not 1t had been maintained that it was;
but the fact that the amendment now pending was
offered after argument, showed that the other side
yielded the point. And it was now, as in the Clay
ton compromise bill, agreed that the restriction
against the passage of any law by the territorial
legislature, upon the subject of slavery, would be
provision injurious and oppressive to slave labor,
| for it would prevent the Legislature passing such
| laws necessary for the preservation and
protection ol'slave property. The other side now
abandoned their position and admitted this to be
Mr.. FOOTE explained that the amendment Of
fered yesterday by the Senator from Maryland
had been drawn up and prepared by the Senator
from Indiana, and had been submitted and ap-
proved by Senators all round the chamber before
the Senator from Louisiana had made his speech.
Mr.. HALE said that as the Senator stated that the
amendment had been approved by Senators all
round the Senate, it might be supposed it had met
his approval. [Laughterl He would say that it
| had not been submitted to him. Perhaps the Sen
ator meant only the "leading Senator'S" Laugh
ter. He had not seen the amendment till 1t was
presented; he opposed to il and all others; he
preferred taking the bill as a whole, without
amending it at all. tLaughter.l
Mr.. SOULE resumed, and disclaimed all inten-
ton of having supposed that by his remarks any
triumph had been achieved, that this amend
ment was the result of his arguments.
He replied TO the remark Of Mr.. CLAY that Lou
siana had for complaint on account o.
losses by fugitive slaves, by assuring the Senator
that louisiana did lose many OF her slaves who es
capped board of the many steamers which
touched her shores, and by the vessels which lief
New Orleans TO cross the ocean. He alluded 10 tn,
constitution OF his State, which prohibited any
judge from doing any act but one of judicature
and which had been construed as disabling judge
even TO administer oath. How was a master
who desired To recapture his slave to obtain from
Judge the record which is required by this section
reported by the committee? Ii impossible
and hence the provision was injurious to Louisiana
He had been asked by his colleague whether the
South was 10 make no sacrifices. He would an.
swer according to his colleagues own argument
that when one is strong, rights may not be strictly
insisted upon; but when weak, then every princi
pie should be demanded. He would answer his
. col hat he aatr hy
referring to his colleagues own earnest appeal &
the whole South now to be united, because il wal
necessary to be so from her utter weakness.
He alluded TO his friendship for California, anC
his willingness to admit her on conditions which
would not be considered by her as in the least op
pressve. He insisted upon having the rights Of th,
South but If they, in their effort To maintain them
were beaten and defeated, let them be 80, and sub
init with dignity and self respect; but never let hos
rights be taken away in manner which will allow
their opponents 10 triumph over them. and point
them as objects Of pity.
{ Mr.. CLAY said that he desired TO reply TO tn
: Senator's remarks, but did not wish to interior
with others; and as the hour late, would post
pone his reply to some other occasion. But he re
quired explanation Of the Senator. What di,
he mean when he said the committee had reported
a bill in language which thing TO the ey
and another in intent, and that the true design o
the bill had been concealed by some artful trickery
Of wordsS
Mr.. SOULE said that he had been very far from
imputing any such intention to the committee III
had accorded TO them and TO the chairman tn
highest motives Of patriotism and devotion TO tn
country. What he had said was, that he woult
, not have reported bill, but one in such languag
that its effect could not have been misunderstood
' He had made this remark because there a diff
ference Of opinion in the committee 10 the effcc
, Of the section. He was far from imputing impro
per action 20 the committee, or from mputing ba'
7 motives 10 any
MIR. CLAY said that he was gratfed TO hear tn
: Senator disclaim any intention to reflect. in tn
: manner stated, upon the committee.
He was sorry 10 hear tho Senator say, however
that he would be in favor, in all the South de
manded was not attained, Of resistance and dis
Z union.
Mr. soULE Indignantly repelled the nsinuation
= The Senator did him great injustice. He 70
: demanding and insisting upon his rights; but
the South crushed, he was for submitting, bu
not in a manner unworthy Of her dignity He wa
devoted 10 the Union. tApplause.1
After some further remarks from Mr.. CLAY,
Mr.. MASON moved, and the subject was post
poned till Monday next
n UNITED STATES At NEW YoRK.
! The bill 10 establish a branch mint at the city
! NpU York was made he fal Enr tn.