The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-14

sarly the power TO govern IT, wish get this explana
ton and the views entertain clearly before lne senate,
that may be understood that, while contend Tor the
exercise of this power the part OF Congress, have
some views at least RATIONAL ON the subject OF the power
Of Congress to do what desire II Congress dld not
the States had given up this powerit must necessarily
be exercise Of power which is doubtful; and being
doubtful we perhaps ought e refrain from the exercise
generally charged that we violating the constitution
in doing what we propose in regard 70 the Territories
Certainly none Of us intend any such thing and wish TO
be understood, so far as am concerned. look upon
Congress as not exercising merely nferentia power but
expressly delegated power, when il exercises egsa-
tion for the Territories.
But to come now 10 The subject for which mainly took
the floor: The senator from Kentucky has submitted to
series Of resolutions the second Of which reads as
follows.
Resolved That as slavery does not exist by law and i
not Likely be introduced into any the territory acquired
by the United States from the republic Of Mexico, IL in
iniroducsion into O. exclusion from any part q the said
territory and that appropriate errltoria
tory assigned as the boundaries the proposed State Of
California; without the adoption Of any restriction or con-
diton on the subject OF slavery.
have moved so to amend it that il shall read:
Rssovsd That slavery does not exist by law but has
been abolished and prohibited. together with the slave
acquired by the United States from the republic Of Mexico
without positive enactment, il Is inexpedient, DO.
Without wishing to be understood as pledged to vote
for this resolution, | intend to try to make good the
proposition involved nmy amendment to wits that slave
~ does not only not law has been abol
ished and prohibited, and cannot be carried into Cafor
MIA and New Mexico without positive enactment for
that purpose In doing this shall present the laws OF
Mexico shall 60 behind the period to which the dis
tinguished senator from Missouri BENToNl called
attention few days since, and shall present some
other provisions of law, and of stpulaons, the part
Of Mexico, than those presented by him He commenced
with the decree q Guerrero in 1929 shall gp back as
leo declared her Independence on the Gath OF Febuay
1921 In not quite one and eleven months after that
the st o Msssa s TO-. @ s acton 6a, ne
called the colonization act OF Mexico passed twas
passed BY the political juna under lurbde the then
emperor The 3oh article OF that law reads as follows:
CART 80 After the public Of this law, there be
sale purchase Of slaves which may be introduced Into
theempre, The children Of slave. born in the empire
shall be free at fourteen years OF age" a
II is little singular that this colonization act pass.
ed history informs US, at the earnest solicitation OF
the agent of Texas, then in Mexico II would have
taken, under the operation OF this law alone but
short time to rid the country Of slavery The slaves
then living would have been the last
The next act on the part of Mexico was passed July
the Senate by the Senator from Mississippi. Mr. DA-
Wis and once by the senator from Missouri Mr. BEN.
j but will again read il for the purpose OF offering
some comments on its provisions:
'.DscREE OF THE 18TH JuLY, 1924.
"Prohibnion By Congvsss Of the ra6e IN siacc,
The sovereign constituent Congress Of the United States
Ss sa o IL y h
ted In the territory Of the United States OF Mexco under
whatever flag, and coming from whatever power sor
a. Slaves which shall bc introduced against the tenor
q saains di s0dSs1.ps Dc territory os'S q Mexico '' m -
IS Any vessel whether national foreign in which
with ali It's cargo; and the owner supercaIgo, captain,
and pilots shall suffer the punishment OF ten years
imprisonment" 49, $500 &o
Sir, there is nothing which, in its terms, be
positively prohbitoy OF the slave trade than this act
There could scarcely be imagined penalties which would
make il more binding. Why, the innocent pilot, who
merely navgates the vessel into port is made one OF
those who are subject to those penalties
In consequences OF this action upon the part OF Mexico
Great Britain induced TO acknowledge her ndepend-
OF that period and will be seen, by consulting the dplo
matte correspondence Of the day between the agents oi
Mexico and those Of Great Britain that il was one Of
OF Mexican independence by the British government In
1896 treaty entered into between Mexico and Great
Britain the 18th article OF which. according to the Eng
lish text, is as follows:
his Bri,annic Majesty for the total abolition Of the slave
trade and q n so manaer from
taking any share In such trade
This brings us up the period Of the celebrated decree
OF Guerrero which is as follows:
lTranslauonl
ABOLITION SLAVERY.
.sThe President Of the United Mexican States 10 the in
pesrnr TO sgnalize in the year 1922 the anniversary
OF independence by act OF national ascc and bene
cence whon % nay haS may ,enshea more and more the
public tranquility, which may cooperate Ia the aggran-
dz sment the republic, and which may restore TO an
unfortunate portion OF inhabitants the sacred rights
which gave them, and the nation protected by wise
article Of the consutve act exercising tue extraordinary
powers which are conceded TO me, do decreei
: a. slavery Is abolished In the republic.
80 Those who until today have been considered slaves
consequently free.
90 When the condition Of the treasury win permit the
owners Of the slaves will be indemniied In the manner
which shall be provided for by law.
"Mgxco, 18th September 1879, A. ID.
JOSE MARIA DE Ii )CAN ECsRA.
And ia order thar the presen, decree may have It's full
and entire execution order IL to be printed published,
and circulated to all those whose obligation Is 70 have @
filed
iven in the Federal Palace OF Mexico the 18th Of
September, lss ,..x,..,,,,, ,,,,,.nr,,1
LORENZO DE ZAvALA"
But il is said that Guerrero usurper and that he
had no power to issue such decree, and make II ef
feclua For the information OF those who may be thus
doubtful may be proper TO bring the attention o. me
Senate TO the act which conferred upon Guerrero the
power under which be was then acting and will say
that il the Congress OF Mexico had the power to confer
absoxte and arbitrary authority upon the President OF
that republic il done, far as the terms used are
concerned. II is as follows;
"ExTRAoRpNAsY GOVERNMENT.
"ART l. The executive OF the confederation is author
lied adopt uhatpv may BE- necessdrv Tor the
ptsUpation 1 independence, Of s prs system Of govsrn-
meat, and Of irangufHug
''ARr BY The preceding arcle tie government s moi
authorized dispose OF lives OF Mexcans, 70 srptf
fhsm from tho territory OF the republic.
ARr g. This authority shall cease as soon as tue gen
eial Congress shall meet in ordinary sessions"
TCoection OF Laws and DEGREES made by the General
A, aftQ .<ll 80.