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


this would be a dangerous amendment, and hope
will not be acceded to-
Mr.. PRATT / feel inclined. Mr. President. becaus,
OF the contraey OF opinions expressed 10 the effect
this amendment and with view to the vote intend Il
give, to say word about it. The objection urged by IN,
friend from mississippi Mr. DAyIsl did not think wa
hehas to say in this body Every amendment my frien.
will bear in mind, which is offered to the BILL is TO tn,
b as It now stands and upon the hypothesis that the bill
as stands is to pass and conceive that that single re
mark answers The objection OF my friend from Missis
sippi.
into the error which other senators who have spokeI
States are be formed By The State Of California il i
ded Dy the State Of California but after The State shall
consent to division OF her territory, for the purpose
forming new States the people Of the Territories thu,
or will not have slavery That is the amendment Now
we may all differ as 70 what may be the atero effect Of
this amendment Whether the people Of this Territory
segregated Tor the purpose Of forming the new States
may Or may not be in favor OF slavery is question
about which we may all differ n opinion but i is GER
Of caonp think that dspose. q he obecoa
urged by my friend from Virginia.
The senator from Ohio appears to have made great
discovery in the political history OF this country and his
argument based upon the assertion that slavery does
not exist north OF 80 deg. 80 min In Texas Now,
supposed that Texas was slave State, and that slavery
existed throughout her limits irrespective of the extent Of
her territory Now, the resolutions OF annexation il Is
true, say that when States formed north OF SO deg
l
Mr. CHASE; Il the senator will allow me, Twill say
that far have been able see, have discov-
cred any portion belonging TO the State Of Texas north Of
| SO deg. 80 min, with or without slavery
/ Mr. PRATT The senator may be right but | under
stood him to assert that the whole Of Texas was not
slave territory. Now, sir, TO show that that the
necessary conclusion TO be drawn from the argument OF
the senator, ask the attention of the Senate the
course OF argument which that senator pursued. He
a Is WA attempted to Be applied 10 this b was not
lei 70 the case OF Texas and why! Because, he said
slavery not to exis. in Texas north Of as deg 80
min portion OF that State saveholding territory
and portion non -slaveholdng territory; that in refer
ence 10 California all OF il was free territory and there
fore Il was an insult to her to say that, even with ht
consent OF the people, any portion OF that territory should
become slave territory That the argument OF the
senator and refer to the supposed what he said
in stating in his argument that portion OF Texas was
not slave territory. The whole Of his argument was
| based upon that hypothesis.
i Now, Mr. President, shall vote for this amendment
because, under the constitution, If no provision is
established similar to the which is offered foI
assent dissent States may be formed from the ter
oy OF California with her assent, and the OF the
that upon which we now to vote and therefore
think it would be better that should in this way reaf
firm the constitutional rights Of the people OF California
Looking to the extent of her territory is certain that
she will hereafter be divided, and the people WILL some
time or other, have 10 know that when they be
separated, any questions in reference to this domes
tic institution are 10 be referred to them and not to be
decided by the government OF California.
i MIR. FOOTE. l am Indifferent whether this amend
QiSCusslOn
which must regard Of highly Improbable charac.
ter, will not be furher prolonged. No doubts tha
hereafter State may be formed out OF California, with
her consent and the of Congress. whether
adopt clause like this not. This is clearly provided
for BY the constitution of the United States; and really there
Is much truth in what has been said by the senator from
Connecticut and Others that simply proposing TO
re-enaci clause OF the constitution fee OF the
apprchensions entertained by the senator from Virginia
[Mr. HusrER;l and think be will not disagree with
me upon the question whether not the State OF Cali
ornia divsble into many States, hereafter as that
State and Congress shall determine to be polite. How
the adoption OF the amendment is to operate more njur
ously 10 the South than 10 The North cannot discover
believe that condition in the South, and that of our
friends in the North, will be precisely the after the
view OF the subject. think il unnecessary adopt
and therefore hope that the gentleman from New Hamp
shire will withdraw his amendment to enable us TO
take up some proposition OF more practical character.
Mf HUNTER Mr. President, / will not follow the
precep but The example OF the from Mississippi
and say something myself in relation to this amendment
do not regard il in the light he does as harmless
one; do | think | have fallen into the error into
which the senator from Maryland supposes have fallen.
lie reminded me that these States could not be formed
without the consent OF Congress. | am aware OF that
at the time know that this is implied invita-
ion the part OF Congress 10 California to divide her
territory into States that Congress will be obliged to
ceiye them when they shall be divided Now, my OBJ
lection 10 II is, that we first tempt California with her
constitution excluding slavery This territory is 10 be
divided when she chooses 10 do because, without her
consent it cannot be done and il will be divided when
there is slavery within her Territory Ii will be
Territory Dled up under lhe operation oil this ansla-
very constitution, and OF slaves and will
20 there. The States will be carved al time
when she desires Il, and when il will be suitable to her
policy to do II she becomes committed 10 an anti
slavery policy she will have eye to that circumstance.
| Nor do suppose the States will be remanded
back 10 territorial condition. the senator from Mary
land seems TO suppose On the contrary, with the
sent oil the government of California and OF Congress,
the Territory will be formed into States and take it
Tor granted that State reared up under this restriction,
and filled with population going there under the infu
ences oil that restriction, can hardly form any other than
anti slavery constitution. believe the practical e
10 be admitted hereafter into the Union.
| Mr.. F00TE. II the honorable senator will bu, bear
with me moment, will suggest to him what think
will obviae the difficulty and close this discussion. The
honorable senator from New Hampshire has offered al
ready TO withdraw his amendment and | will, il the
Senate will assent, withdraw my amendment TO his
amendment, and thus close this discussion
MIR. BADGER. As the yeas and nays have been or.
dered. il will not be in order TO Withdraw.
MIR. KING. As the amendment of the senator from
| New Hampshire has been amended by vote OF the
Senate upon the yeas and nays il is not in the power oil
the senator now 10 withdraw
The PRESIDING.OFFICER, The Chair is OF opin.
ion that the amendment cannot be Withdrawn without
| unanimous consent
Mr. FOOTE | do not understand that there is any
objection and hope the senator will be permitted to
withdraw.
| Mr.. CLAY. Let il be withdrawn.
| No objection being made, the amendment was with
drawn.
amendment TO the BILL to be added TO the 2lst section
And that all laws or p,rs OF laws, usages custom
pre xisting in the Territories acquired by the United