The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-10
thal said Congress had no power over lhs subject a an


understood only meant 70 siac the fact that he would
not vote TO repeal the local Lawson the subject Of slavery
The bill not only does not provide for the removal Of the
obstructons OF the local law but Il contains positive
prohibition against any legislation BY the territorial legis-
aluIe on the subjects and this is the made
me South as aa equivalent for the immediate admission of
Cailioruia as free State and the concatory Offering
the feelings and claims of the South which ia said are
necessary to avoid those irregular proceedings the House
ot Representatives which, however much to be regret
ted il Is feared will occur 10 prevent the admission OF
California as separate measure.
Mr. CLAY VIII the senator allow me to interrupt
him one moment Tor an explanation
1 Nr BELL Certainly.
Mr. CLAY So far from this clause prohibiting the lo-
cal territorial Legislature from passing any law to estabr
sh or prohibit slavery being regarded byme equiv
the commee. and La Senator well knows that i was
s q ana wn M
ate from that quarter But the senator mistaken II he
snpposes that attached to that clause any importance
an equivalent to the South never did attach any such
idea to IT, The equivalents to the South to be found,
IN the first place. in the forbearance OF Congress to
else any power the subject OF saveya forbearance
to enforce the Wilmot Proviso in the Territories and
the advantages resulting to the South from the settle Of
the question OF the Texan boundary giving the South
indspuaby nine hundred miles that river, and leav-
ling the whole subject Of the Territories open the sub
ect OF slavery and to be decided when The States shall
come to act for themselves These the equivalents
10 the South, and not that clause, although i the
votes Of southern members OF the committee that placed
il in the bill
Mr. BELL. remember that the senator from Ken
lucky was notin favor OF that clause of the bill did
not mean to do him any injustice, nor did mean to lay
much stress upon the clause prohibiting legislation
upon the subject OF slavery by the territorial legislature
as he imagines did But did mean 10 say that the
clause establishing territorial government Tor New
Mexico, as it stands, is the equivalent which gentlemen
have relied upon the concession to the South which
10 prevent any extraordinary mode OF opposition in the
House TO the admission OF California, and 10 restore gem
era harmony The cesson to Texas OF the territory be-
tween the Nueces and New Mexico, proposed in this bill
do not think has entered, in any degree, into the est
mate OF its value BY southern gentlemen; for the gen.
era opinion in the South is. that Texas is entitled TO all
the country east OF the Rio Grande, from its mouth TO It's
source; and the proposed cession by Texas 10 New
Mexico OF any portion of the territory she claims one
of the strongest objections TO this which is felt
at the South 1t looked upon surrenderDg territory
which is now slave territory. which, il the cession is
made, will in all probability, become free territory. The
forbeaance of the North to apply the Wilmot Proviso
proposition justly obnoxious to, and giving
much excitement at the Southis concession to south.
em feeling which would not seek 70 depecate; but ii
only be regarded under all the circumstances OF the
case, mere act OF grace extended without the
render OF any OF the principles and policy OF the North
ana oy those who MAINTAIN that all the objects OF the
The admission OF slavery which already exist in New
Mexico, and which left undisturbed by The proys-
ions OF this bill This courtesy, together with the clause
OF the bill prohibiting any inierposton BY the territorial
Legislature with The subject OF slavery and leaving the
question to be decided the judicial tribunals, constitutes
the only equivalent offered 10 the South Tor the admls
lion OF the senator from Kentucky was proceeding 10
show its true value. II is not the equivalent would
have had II mad the power 10 control this subject or il
could have directed the OF the leading members
of this body. Besides the settlement OF all the questions
connected with Texas, would have adopted the spirit of
the Missouri Compromise line, and set apart por
lion Of these Territories, into which the slayehoder
might safely 60 with his property. This would have
considered substantial concession TO the Southa real
compromise. have already spoken OF the struggle 1t
would have cost to carry such measure, and the storm
that would have ragged for while; but was willing to
encounter il, with The prospect OF speedy and perma
nent quiet ahead.
Sir beg leave to say that in thus pressing the argu-
ment that there is substantial concession 10 the South
in the provisions Of this BILL must not be understood
placing stumbling block IN my own way or IN that OF
any other gentleman who may be disposed to support the
bill Not believing that slavery will be likely, under any
circumstances, TO be established in New Mexico, feel
far they may fall short OF the demands and expec-
atons OF the citizens OF tha South generally. and may
therefore fail 10 give quiet IN that quarter My purpose
is TO show the true value OF the equivalent thus pro-
posed peace-oerng 10 the South for the admission
OF California.
Suppose sir that the court should decide that the con-
stulIon supersedes the local laws prohibiting slavery
upon the transfer OF sovereignty to the United States:
what security has the South that the majority in Congress
will not put their veto upon any laws OF the Territory
which may be passed to give that vitality to the pnc
plies oil the constitution and security to the property in
slaves which the eloquent senator from Louisiana Mr.
SoULE] has shown 10 be necessary None whatever
But there still more important point TO which desire
10 call the attention OF the Senate Suppose that
trary to all existing circumstances and pesumpions this
bill having passed, slavery should be introduced into
New Mexico, aud after the lapse OF years, when the
habitants shall be authorized 10 form State consitu
ton and slavery should be recognised by its provisions.
what security has the South that, with such conslitu
tion New Mexico will be admitted into the Union
a Saiei None at all, unless the anti-savery sen-
ment at the North shall undergo decided change.
Mr. BADGER IL is expressly provided that States
shall be admitted with without slavery, the people
OF those Territories, when they in position 10 be
admitted as States, shall determine.
Mr.. BELL. That is true; but my friend from North
Carolina should remember that Congress cannot bind
a succeeding Congress upon such question
Mr. BADGER Not II the Congress was composed OF
high minded honorable men, understanding that this was
compact or compromise
Mr. BELL. Ny friend from North Carolina has for
gotten that when that provision of the bill offered
upon future Congresses. bot contended that its adoption
would have sautaIy tendency IN calming the excite
ment oil the South Ii this provision placed upon
the ground OF compact with Texas In consideration OF
cession OF territory by that State, then II would be OBJ
ligatory and might be relied upon.
MIR. BADGER. | said that this should have no in.
huence in inducing them to oppose II, but that would
have an influence that OF honor and integrity
which we rely in most OF the transactions OF life.
Mr.. BELL. | understood my friend precisely in that
way before; and understand him now as not denying
that there absolute obligatory force in this provision
of the bill
MIR. BADGER. Certainly
Mr.. BELL. AS the provision now stands il possesses
| no positive force or obligation. But the bill now
stands you may be only creating elements OF future dis
turbance; should be blown of to sea again, in the
language Of the senator from Michigan Mr. CAssl You
propose TO leave "a little fire. unextnguished which
may be blown into confagraiion. II am mistaken
supposng that the North will agree TO admit
New Mexico slave State. any dream that southern