Weekly national intelligencer., 1850-06-08


would be mere autology II to protect this species Of pro-
perty ightu subject Of legislation how does il be-
wrongful under the constitution and laws of the
United States But protect protect property in slaves s
ghfu subject OF legislation under the Constitution of the
United States, can necessity for the amendment
whatever The Senator from Mississippi says that
it is not bis object to establish slavery He denies that Con-
gress has the power establish equally with the power
prohibit It, The bill, introduced, then TO me to
leave the subject to stand just where Congress finds it.
Again, if the right carry slaves the Territories and hold
them there, exists under the Constitution of the United States
then the Constitution of the United States overriding the
local laws on the subject enacted the Republic of Mexico,
appears to that the legislative power extending to all
ghtu subjects OF legislation, the regulation of negro slaves
would be included and the passage of laws for the punish
Of slaves prevent cruelty on the part of masters and
to regulate the sale and transfer of this species of property
would come within the "rghtful subjects Of legislation
cannot see that the BILL stands will have the effect which
the Senator from Mississippi apPrehends but may be allow
ed to take different from him of the probable effect Of
his amendment, think il will be regarded the establish
of slavery Look the judicial decisions of the
try have not the by to refer to but may safely
state that the general principle decided by the Judiciary o the
country regard to property in slaves is that the existence
of slavery in fact the conclusion that il exists by law
unless law prohibiting it be shown. Now, suppose
that the amendment Of the Senator from Mississippi carried
any number of slaves should get into the Territory slavery
would exist there in fact and would, therefore, warrant
the presumption, under the judicial decisions Of the country
that exists there by Law, unless law could be found prohl-
biting it. Well suppose, under this amendment the
toa Legislature had passed laws regulating savery them
the laws Of Mexico quoted rebut the presumption that
slavery existing in fact existed also by law it would be
swered here laws passed by the Territorial Legislatures
ang the slaves that may be brought here which are ncon.
sslent with the prohiboy law Of California and amount to
an abrogaion Oft In this way the Senator get slavery
established amativey by law and, while this Congress
unwilling extend slavery, it will be done in this indirect
would prefer the bill as it now stands, neither establish
ing prohibiting slavery, but having expression in the
bill the subject and the committee OF thirteen are anx-
for the passage of the BILL they will do well to keep as
nearly in its original form possible for, when you go into
devaons and amendments upon this subject there is no
telling where it will STOP If there TO be any provision in
regard slavery, way the other let be done openly
and canddy If it be desirable prohibit slavery, let the
vote be taken openly for aganst on the other hand
it desirable guard expressly the owners OF slave property
and to permit them to take it into the Territories, let
before the country fairly and openly There is no necessity
for nessng. Let approach the subject directly and either
prohibit admit slavery openly or say nothing at all about IT,
Mr.. DAVIS, of Mississippi / wish to say to my friend
from Wisconsin that his proposition be applied indepen
deny of the amendment because it has connexion with
it, Congress may decide that slaves may be lawfully carried
there that every body has right to slaves there and
they should decide then would ask the Senator would
he require the very amendment which have introduced
Would he leave the language in the bill which prevented the
Territorial Legislature from passing any laws respecting sla
there and yet give authority to take them into the Ter
rtory This would be contradiction Now, II Congress
should decide that the people shall take slavery there theE
grant you that police laws this subject would not be
cessary.
Mr.. bUILER. l Will not, Mr. Pfesluent take part III
this discussion now but will explain few words which have
been used former occasion As well as ecoect they
the words which introduced into the Clayton COM
PROMISE that Territory shall not egsate in respect to
slavery = and recollec my friend from Maryland now the
Attorney General, replying that if the words should remain
in that way and individual, with the view OF trying the
question, should carry his slave there under articles Of con
tract articles of apprenticeship" if you please to cal
them such-and the day after his arrival any one do not in
any particular person. should seduce the slave and take
charge OF him. and the owner MASTER you choose SO to
call him, should demand the possession of that save and
should think proper to out writ OF over, would DC
replied Immediately here is inhibition 10 the organic law
against the taking cognzance cf OF that kind
say that that would be at the case the Territorial
Legislature prohibited from passing any law in respect
TO African slavery He might havea perfect right to carry
his property there but the of seduction could
give him remedy, for the that here express
prohibition by Congress against the Territorial Legislature
passing any law in respect African slavery by which ne
could have immediate process Of law under the conflicting
provisions Of the constitution Of the United States and the
laws of Mexico. And think that the point made by
my friend from Maryland at the methat those words should
be stricken out which restrained the Territorial Legislature
from passing any law in respect to African slavery and
leave them under the rghtful exercise of authority to
protect that property That sir, is plain proposition My
friend from Mississippi (M DAvIs) has said that
slavery there has he pretended by his amendment
that should go there per ge never understood him to
say that it should 60 there that is there There
law to there any law recognising it as being
here but the whole provision turns upon this that if that
species of property should go there the Territorial Govern
should give such protection would enable the owner
to protect his property, if there any provision in the
constitution by which he protect it. That the PROPOSE
ton Sir might under other circumstances be tempted to
ply the argument offered by the Senator from Illinois, but
will forbear SHALL however, express my views on
this whole compromise scheme at another time, and pro-
mise the Senate, too that will not make long speech,
and shall probably occupy their time than forty
fifty minutes But, sir would here ask if there is such
law that implied in the amendment offered by the Senator
from Mississippi what is the consequence Sir the obvious
consequence this that if you have such provision
prohibiting Territorial legislation the subject of African
slavery, although you may this Of trover in that
legislation, they will it. We have always contend
ed for fair and open ISSUE mean, not that it is property
there but that any should carry there be should have
right to the validity of his title to in opposition to the
Mexican laws which have been held up peemptory
hbon of such property in these Territories And must
be This idea that the people in Territory can egsae
for themselves independently Of Congress- that they have
right to themselves whatever powers OF Legislation
they choose to assume is most monstrous
Mr. KING. l. too, sir, shall upon the principle
and, when the proper time shall arrive, shall express my
opinion this subject rise just with view 10 do
some justice to my friend from Lousans, who has offered to-
day amendment the bill reported by the Committee
of Thirteen. Sir it well said by the honorable gentle
in this Senate that when that amendment was prepared
made under the impression that it contained the exact
words of the Clayton compromise BILL That mistake
the part of the gentleman for the committee went the
principle that the Territorial Legislature should not pass any
laws respecting the establishment the exclusion Of African
slavery. That supposed to be the object at the time it
offered by the honorable Senator from Louisiana in order
to see whether it might not have another bearing.
But, think that the amendment offered by my friend
from Mississippi (Mr. DAvIs) goes further than it is
say to to do ell that is required be eff c,ed by the
lnII = l. TT