The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-07
TIL e REP u BLIC.
IS senate, July b, 1850.


The Senate having under consideration the bill
for the admission Of California into the Union, the
establishment of Territorial governments for Utah
and New Mexico, and making proposals to Texas
for the settlement Of her northern and western
boundaries
MIR. BELL resumed and continued his speech as
follows:
Mr. President, my remarks the other day were
chiefly directed to point, or rather a series oil
points, to which my attention was drawn by cir
cumsances did not anticipate deeply regret
that any circumstances should have forced me into
any remarks not strictly applicable to the subject
before the Senate.
proceed to examine the features OF this bill, TO
which have not before adverted and particularly
in reference TO the points of difference and contrast
between it and the plan recommended by the Pres
ident. / feel this to be the more incumbent on me
since the ground taken the other day in relation to
the causes which are supposed to influence the de-
cisons of Congress on this great question. The
ground is openly and boldly assumed, that, but for
the influence which the Executive has exercised or
may exercise on this question it is known that this
measure would pass, and by considerable ma
iority. Now, sir, do not know any such thing
myself. l increduous as to the fact. ] had
attempted to show, far as my knowledge
extended that member OF this body, whether
regarded his postion his pre- conceived opinions,
his prejudces, right or left, North or South, would
be likely, in question of such great Importance,
to yield his individual opinions to Executive dicta-
ton, However that may be, beg leave to say that,
SO far as ! have heard any statements made de-
serving notice, either in this hall or out OF it, no
evidence has been brought TO show that the Presi-
dent has used his influence to prevent the passage
of this bill, except what was stated the other day,
that it understood that the President IN speak
ing of this measure, had called it, in dersion AN
.'omnbus bill' and that perhaps one or two mem
bers of the cabinet had expressed opinions hostile
10 the measure II is true that the honorable Sena
tor from Mississippi Mr.. FooTE) said that he could
bring substantial proofs than this but till he
does SO, shall take ii for granted that no further
evidence of Executive interference exists. should
not have alluded to this point now, but that infer,
from the tenor of much that has fallen from some
of the prominent supporters OF this measure within
the last week or two, that whatever may be Its tate,
whether it shall be successful or be defeated, the
issue is to be carried to the country. Not only in
dividual n. embers, North and South, but the Ad-
minisration ALSO is to be held responsible partic
ularly should the measure fail. This | infer from
the charge distinctly made, that but for Executive
influence it would certainly pass.
shall now proceed to inquire into the merits OF
this measure as it stands Ii ] am TO take it, as
may, want TO take it at its true value. wish
neither to be deceived myself to deceive others
Ifit succeeds desire that it shall be rated accord
ing to its real merits and lift is lost il may be-
desire that the country may be able to estimate truly
the and degree of responsibility TO which those
should be held whoever they may be, who have
contributed to defeat it; propose, therefore, to
state fairly and truly wherein it accords with my
own views, and in what respcctit IL does not.
II is proposed by the 39th section of the bill 10
tablish territorial government for New Mexico.
The particular provisions of this section OF the bill
are offered a concession 10 the claims and ieel-
ings of the South, and as equivalent for the inn
nediate admission of California free State, and
this by way of compromise. The extent OF the con
cesson TO the South, apprehend, will be found to
consist in the mere forbcarancc 10 employ odious
and obnoxious forms Of enactment; an act OF grace
on the part of those who hold the power over the
subject. This is something, confess; and would
not uudcrrate the generosity OF those northern gen
telnen who are willing TO show this Difference to
the feelings Of the South. The principle of non +
Intervention is not violated, and that 1t is said, IL
4. tr.a. fl.a.ta zlt.ll
succeed, il may be said that Congress has not as
sumed the power TO ntcrdict slavery in these Terri
torics but the and mporanc to the South the
observance Of the doctrine Of non Intervention, and
of the forbearance the part of the North 10 enact
the Wilmot proyiso, which are one and the same
thing, will be best understood and appreciated, as
concessions TO southern principles and feelings,
when look 10 the circumstances under which
they made. What these circumstances!
Not one of our northern friends who support this
measure would vote 10 extend slavery over any
portion of these Territories. Even the distinguished
Senator from Kentucky (Mr. CLAY has declared
and over again, that he will never vote to car
ry slavery into territory now free. And the gen
temen Of the free States justify their iorbearance TO
apply the Wilmot proviso TO their constituents, on
the ground that the local laws are good enough
provso for them. Those who do not take this
ground assume the position that the laws of ma
ture, displayed in the climate and geographical
features of the country, effectively nterdct sla-
very the Wilmot pro- iso could do; and, there
fore, that they will not insult the feelings of the
South by inserting it. ] confess do not see any
substantial concession TO the South in all this.
Well, sir, what else is there in the provisions OF
this section of the bill which favors Southern inte
reefs? The laws admitted TO be in force in New
Mexico at the date Of the treaty of Guadalupe Hi
dalgo prohibited slavery The Inhabitants consider
these laws 10 be stil in force. IL s not proposed
TO repeal them by this bill and the Territorial leg
islaturo is expressly prohibited from laying hands
upon the subject, either 10 establish interdict
slavery. This latter provision, must remark, by
the way, is in the very teeth of the principles held
by the distinguished Senator from Michigan, (Mr.
CAss.) But take no exception 10 his support of
the AZ il stands, and would not allude 10
the Inconsistency but for tho latitude he INDUCED
in the other day in commenting upon the character
of the Presidents policy. How, then, does the
question stand to the prospects interests OF the
South in extending slavery TO New Mexico? In the
opinion Of by far the greater number of the most
eminent urists of the United States. the laws OF
Mexico prohibiting slavery at the cession are still
IN iorcc, and must remain 50 until they arc cp prcss
y fepeslcd, either by Congress the local legiss
ture This is the settled opinion OF the distinguish
cd Senator from Kentucky himself Such is the
opinion Of the scarcely less distinguished Senator
from Michigan, (Gon. CAss;) and such il tho opin
ion Of the able and eminent statesman, the Senator
from Massachusetts, (Mr. WEBsTER,) three of the
leading champions Of this bill. do not forget ano-
ther Senator from the South, of high rank in his
profession, (hlr. BADGgR,) who is also supporter
of this bill. Thus sir, slavery, If it goes into New
Mexico at all, must force its way there, in despite OF
the obstruction Of the local laws and of the inter
dict imposed by this bill on the Territorial logisla-
turc Still IL is contcndcd that the South is secured
in the full benefit OF. the doctrine held by some o
the most distinguished champions Of its rights
who maintain that the Constitution, proprio ugorc
that the flag of the Union protects the citizen in the
enjoyment of his rights of property Of every de-
scripton recognised as such, in any Of the statcs
on every sea and in every territory of the Union
And this doctrine, il is said If well founded, and
il shall be so declared by the Supreme Court, vii
authorize the introduction of slavery into New
Mexico The soundness Of the general doctrine
held upon this point, think, cannot well be qucs
toned or dispfoved; and dif tho question related to
territory situated as Oregon was, when the Unitet
States came into possession Of IT, property in slave
would be entitled TO the protection of tho laws an,
Constitution of the United States but the question
il more doubtful and formidable TO the interests O
the South, where il is raised in reference TO New
Mexico. where there has been an organized so
ciety and government for two ccnturies, and wher
slavery was prohibited by the local sovereignty
before and at the date Of the ccssion to the Unite,
States, and where, under that prohibition, slavery
had ceased to exist. The Constitution, in its appli
cation TO this territory, is expected not merely {
protect property in slavsP, as IN the case OF Oregon
before there was any exercise Of sovereignty upor
the subject one way or tho other, but to supersed