The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-27

Of the constitution of the United States
Mr. BUTLER II they are, do not any harm in
saying 50
Mr. FOOTE | wish to know your opinion
Mr. BUTLER ! do not think it Is wrong 10 say
what is Now with regard the laws OF New Mexi.
how lar they to be affected by the acquisition and
laws OF the United States, have given opinion
nor do undertake TO say what would be the decisions OF the
courts upon that subject But do say that the arguments
and the remarks OF the honorable senator from Georg
have been, IN my mind, sufficient TO justify and satisfy
that such would be The result II they
are IN force- such laws do exists il possible that
gentlemen are AFRAID To exercise their Legislative unc
tons to repeal them, and declare them null and void Ii
they not IN force why they afraid then. OF making
The declaration which alone gives the point OF honor 10
The Sou,hgiyes TO the North everything in the way of
land and reserving the inch of honor to the South
Is come 10 lhls that afraid to repeal these laws
!. MIR, FOOrE. My honorable friend from South Caro-
lima talks about gentlemen being "afraid" to do this
thing and the other But for the high respect entertain
for the honorable senator would say that he looks TO
me lille afrald' to answer my question propound
ed distinct nterroga,ory TO him, and appended to it
solemn statement OF TACT, viz my regard for his legal
learning and judgment ! wished his advice. asked
distinct question, whetheI il not his opinion at the
We're now extinct! So we were fornerytaught by the
colleague OF the honorable senator, (Mr Calhoun, and
by the distinguished senator from Georgia, Mr. BER
REM So we were taught by number Of gentlemen
on the opposite side OF the house and among them by the
honorable senator who occupies the chair OF this
body, Mr.. KING Such is my present opinion; and
my reason for not voting in support OF this proposition s
that never will be induced by mere excited local senti
meni to do tha, which consider unnecessary and ilu
sQry. Ii ! had the least doubt the subject OF the
Mexican laws with regard TO slavery being at the
present time null, why. might be inclined TO vote for
some such amendment this, though do not know that
could do 1t with propriey even thsn nasmuch as am
intervention man and Il this amendment has any
elect at all, will have the effect of altering the condi
lion of the South in regard TO slavery in the Territories
II i does not do this, it will be entirely nagalory
MIR. UNDERWOOD. | feel constrained to vote for
frrc An-
ing vote Tor on the ground that this bill as stands
does not contain the non-interventlon policy. This bill
says expressly that the local legislatures shall not alter
any existing system Of laws on the subject OF slavery
which may prevail in the Territories: Now, il you
egisiate to maintain existing system Of laws III force
existing system OF lawsls not that precisely cquiva
lent TO adopting that system ab iniO2 What the diff
ierence! How can you call it non-inlerventionl You
say in this bill that the existing system shall remain in
iorce You say SO by the refusal to allow the local
legislatures repeal it, Now, sir, cannot discriminate
between declaration that the local legislature shall not
repeal law and passing enactment of that law.
think, them that this bill departs from the principle OF
non intervention. That has been my objection 10 the
bill from the first II is an objection which have been
10 vote out OF the bill.
Now, sir, regarding this bill, do. acting to por
petuate those laws which believe to exist and TO be in
force in the Territories must go for this proposition
made by the honorable senator from Mississippi, (Mr
DAVIS, to repeal Them by declaring them null and void
in conformity with the principle which have always
Mr.. BUTLER Mr.. President, the honorable senator
from mississippi Mr. FooTEl says that did not answer
n Soes0p my opinion . IN wn the
Taking broad view OF this subject, think that all the
States part owners of the Territories. and that by
virtue OF that ownership, they have right 10 60 there
with their property OF every description, and that laws
OF Mexico can exclude them. Al the same time may
have doub, different opinion as to what will bs
the opinion Of the court This different question al
together kno. that Judges are greatly under the do.
mon of authority, and what is my opinion may not be
theirs They look with great respect 70 old English
decisions. even when they are not applicable, IN the
broader OF The subject TO arising out oi The
constitution of the United States have now answered
the question of the senator do not want any law to
say thai shall be permitted to go to the Territories with
my property. | do not know, indeed, whether
anybody will ever choose TO go there with their slaves
AL that is that ali distractions shall be brushed
away and that shall not be deferred from doing So pro-
vided do wish to go there, by the fear OF impending
litigation That is al all, my APP
prehension OF it, You have repealed already all the
Mexican laws upon other subjects, al least IN enec-aI
except these very laws So tar your system goes,
iepeal OF the laws that did exist California The
acades, the projects, other tribunals all swept
away All OF the arbitrary processes BY which man
may be deprived OF his liberty have been swept away
The laws req nlang the succession OF property and the
settlement .f estates have, presume, been virtually re-
Ic aud American notions substituted Tor them under
The general change of legislation which occurs by the
shanee OF Jurisdiction. Such laws as have been or shall
he found proper have been Will be enacted upon any
other subject except upon this one All ask - that all
may be removed out OF the way OF the ope-
enacted in accordance with the constitution.
MIR FOOTE The only difference between the senator
and m, self this We entertain The same clear distinct
opinion deliberately formed upon mature scrutiny but
the gentleman, possessing as high faculty fot legal
scrutiny any man 10 this county - not willing TO
leglsate upon his opn'on whilst having lar iniet,o
faculty for the formation OF legal opnon am perfectly
willing, ndepcnden, member OF body to legis
late upon IN, oXn Iudxme | agree with toe senator
from South Carolina with regard to the nully OF these
laws, and therefore not wiling TO vote Tor annulling
them. He agrees with me thai they are nn and yet ne
wishes to annu them over again tie wishes '"lce 10
slay the dead
Mr. BERRIEN Mr. President, ! am unable to con-
sijer this bill | wish had the power to do 81. l am
unable to consider this bill oi non-inierven
ton, when, regard the most important portion oi
this errory-tha OF Calforna-lhe people OF one large
section OF this country excluded by virtue o an ael
which receives its force and vitality from the action OF
Congress apprehend that be the Intervention oil this
act There also the further intervention suggested
by the honorable senator from Kentucky. Mi UNDER
WOOD
But, sir retaining the opinion have expressed on a
former OCCASION that the laws OF Mexico IN these Terri
torres are without effect there s nevertheless an import
An, reason why the amendment of the senator IRON MIS-
should be adopted leave II to the reflection OF
the senator from Mississippi lAlr foorEJ whether he
existing d,scoant opinions upon the subject OF The au
hoti,y of the Mexican laws, the difference between the
opinion which he enertains and which entertain and
the opinion entertained by persons whose opinions nave
equal and probably greater influence upon .ne courts
and be country are sufficient reason Why the means
al our hands 10 settle that difference should be ap-
piled. -,
While this diversy OF opinion exists. me result w'l
probably be that aouthern men holng this particular
species of property will be ehectualy excluded from
those Terriior,es-as much a. If the Mexican laws
were existing and in force-by the doubt when over