The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-06-13

articles of contract" articles of apprentice
ship il you please to call them such-and tn
day after his arrival any one, | do not indioat
any particular person, should seduce the slav
and take charge of him, and the owner or mas
ter, il you choose so to call him, should demap
the possession Of that slave, and should thin
proper to sue ont a writ of trover, il would b
replied, Immediately, here is an inhibition in tn
organic law against the courts taking cognizanc
Of any case of that kind. say that that woul,
be at once the case if the Territorial Legislator
were prohibited from passing any law in respec
TO African slavery. He might have perfec
right to carry his property there but the courts
in case Of seduction, could give him no remedy
s9s-.he r"e@sg ,thet there is an express prohibi
ton by Congress against the Territorial Legisla
ture passing any law in respect to African sla
very, by which be could have immediate process
Of law, under the conflicting provisions Of tn,
Constitution of the United States and the law
of Mexico. And think that was the point mad,
by my friend from Maryland at the tirse-tha
those words should be stricken oat which re
strained the Territorial Legislature from pass
ing any law in respect TO African slavery, anc
leave them under the rightful exercise of author
ity to protect that property. That, sir, lisa plair
proposition.
Sir, was going to speak of the people having
right, independently of the Constitution, by
which even Congress derives its power, TO make
whatever laws they pleased for themselves. That
is, indeed, new idea. The principle which per
vades all legislation upon this subject is, that q
Territorial Legislature is given by Congress
subject to all the limitations imposed by Con.
gress, and that it has no powers except those
which are given to il by Congress In other
words, il has power to legislate upon those sub
jects only which are specified in the grant. This
am aware is inconsistent with the broad notion
that these squatters, the moment they put their
feet upon the soil, are freeholders, and entitled
to exercise all the privileges Of citizens of a
State a..
:, Soy Snis much &c yea &esvsrShs e,ause as ii
is, there is no power by which the Territorial
Legislatures can pass police laws, or to give a
writ of trover, or any other writ by which man
can sue for his property and recover it from any
man who may take his slave from
him in any shape. Such is the argument con-
tended for by the distinguished Attorney Gen.
eral, in his place, on this subject.
Mr.. King of Alabama said
Sir, never did agree with my friend from
Michigan 10 regard to what is supposed to be the
of the Nicholson letter never
did believe that a Territorial Legislature pos
sessed any power whatever but such as is dele.
gated to it by the Congress of the United States
and the power which it did possess simply related
to the protection of persons and property and the
punishment of crime. Sir, what do you require
Of them2 That they shall pass no law that is
not to be submitted to Congress for its approba-
ton, leaving them strictly to the control Of the
Congress of the United States in every act that
they may pass. And yet gentlemen get up at
this day and advocate on the floor of the Senate
the monstrous doctrine that these Territorial Lee.
yslatures, consisting of mere handful of men,
should make laws to affect every description of
property.
IL is now clear that the object is to stultify the
whole Democratic party of ls4s. II is now in
ended to rebuke the doctrine we advocated at
hat time. The Senator from Mississippi said he
was opposed to it; the Senator from Alabama
'ays he, too, was against that doctrine then. Sem
ator after Senator begins to rise now to denounce
{. But is the Senator from Michigan and his
friends who were smitten down in consequence
IF their being in favor of that doctrine then, to
come up now and vote FOR the very measure tnar
is intended to stultify and disgrace him, as the
leader of the Democratic party? That is the
question and if we are to meet it, let US meet
it like men, The Senator from Kentucky was
manly enough to say that he was opposed to it.
He saw that this provision would stulify our
party and he was manly enough to say that he
thought it was wrong to put 1t in this bill. now
desire to see my Democratic friends do the same
thing. We can then stand where we ever have
stood upon this question.
Mr.. Webster. Mr. President do not think
that there is anything in this question that runs
80 far into the intrests feelings of party past,
present, or to come, as seems to be supposed by
the honorable member from Alabama ] think
the amendment moved in this case by the honora-
bic member from Mississippi Mr. Davis is of
very little moment, and doubt whether it will
have any degree of influence upon the just con-
struction of the bill Sir, if | understand the
object of gentlemen who have taken part in this
discussion ID can be very easily attained by
form Of amendment. have seen on
the surface of this question land suppose that
everything belonging to it is on the surfaced nothing
but a disposition to prevent the Territorial Gov"
eminent from deciding upon the question OF the
permanent establishment, or the permanent exclu-
sion of slavery in the Territory hereafter to be-
come State. have taken that to be the aim
and object of this provision, which it is proposed
to strike out of the bill If there is anything
deeper in il than that, it is not apparent to me.
Now, If that be the object it can be reached in a
very plain manner. saw an amendment the
other day in the hands of the honorable member
from Indiana lMr Whitcombl which ! think is
calculated TO accomplish that object. IL Is the
same that has been indicated by the honorable
member from Alabama As the bill now reads,
il provides that the Territorial Legislature shall
have no authority to pass any law respecting
African slavery The argument is, that by pos
sibility it may become necessary TO pass laws re-
speeding slavery If slavery shall ever exist there
Now. | suppose that the amendment proper to be
introduced for the purpose which has been signih-
ed by the gentlemen who have spok n, would be
to strike out those words, and to say that the
Territorial Legislature shall Rave no authority to
pass any law for establishing or excluding slavery
in the Territory. 1t appears to me that this II
the upshot of the whole matter. That is very
proper. because take It that the meaning OF thu
whole il that this question shall be left to thu
people of the State to decide, after 1t becomes
sovereignty by admission into the Union on tn
same footing with the original States. " ma.
then be question for the people themselves Z
decide. because take it to be clear that It Is
municipal question. II is question for the decis
ion of the people in their State sovereignty, ant
there may be a propriety, there certainly 10
improperly, in excluding the exercise OF an.
power ia the Territorial Government Tor tn
establishment or exclusion Of slavery must Say
sir. that look upon the whole matter as Of no
the slightest practical utility in the present cas-.
My Judgment is that no provision OF this sort
likely to have any effect whatever upon the actua
| state of things which will arise in New Mexic
Still the proposition is apparent II the amend
ment be put in the shape which have indicates
| it will be unobjectionable.
Mr.. Hale. Mr. President. do not feel dispoi
ed for one, at this time to concede by slienc
that the question now before this Senate and tn
country is one of practical Indifference we hay
grown from thirteen to thirty States, and the hi
tory Of the new States that have been added 70 u
Union since the formation Of the Constitution
the United States will show this important fac
No matter what is the latitude or the longitude
any Territorial Government that has been orgs.
ICED by virtue Of the authority Of Congress,
every solitary instance in which slavery mas
been expressly prohibited by act Of Congress, II d
gene there, and exists there at the present tim
Now sir upon this subject desire no lightbut II