The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-05


said that bis motive secure the right TO carry slave
!, property into the Territories and to have protected
Mr WALKER Mr.. President. made use Of the
Mi. DAVIS. OF Mississippi Mr. President. did not
understand the senator from Illinois lMr DogGIAsl as
assailing my motives in any way. Asl am up. will say
TO the senator from Wisconsin Mr. WALEERl that the
amendment in question is properly applicable TO parc
uar clause or provision OF the bill not he one TO whch
he refers but the which prohibits the territorial egs-
atures from legislang in respect to African slavery
Here was the question thrust our anu
instead OF seeking to avoid by moving TO strike out mat
provision chose, after the question was ralsed TO meel
II with distinct expression OF what Congress meant
Mr. WALKER ! suppose that used an sa improper roper
| spp. should have said different object from that
which appeared in the amendment Applying the amend
ment, the from Mississippi explains II, TO
this provision OF the bill which prohibits the legislature
from legisating in respect TO slavery let us see what its
effect will be- II The legislature is prohibited IRON egs
atng in respect it, thing is certain, they cannot
prohibtit and another thing equally certain that they
cannot establish it,
Ne PAYS - And they cannot regulate i :
that is not his object TO establish II. tie denies the
power OF Congress to establish it. He equally denies that
Congres. has the power to prohibit IT. As me OIL comes
where Congress found il then. according TO the doctrine
OF the honorable senator But, again, slavery does, in
point OF fact, exist there by law know that It cannot
be BY law OF Congress- must therefore be by virtue of
the law in force in the Terrtorieshat y the fun
damenta law OF the constitution That is the claim ;
istng in California, and New Mexico, and Utah. which
acquired by treaty from Mexico Then, sir If does
in point of tact override ii. and il slavery does exist
there, ii to me that, Notwithstanding what the
senator has said in explanation. the general provision
which have referred to would at apply to the sub
ect OF slavery and that sn every way sufficient Tor the
purpose which sought be effected II it would apply
10 the other species OF proPeryand nobody can doubt
that-why should it not apply equally to slaves II slaves
fore see why the original bill every way sufficient,
without amendment to the purposes OF the hon
orable senator from Mississippi
But, if the amendment remains there there are those
who will take different view Of the subject iron that
which the honorable senator Intends and which he be-
heves it will bave-who will believe that it has the
effect TO establish slavery in the Territories, And why,
will that view be taken? To understand the subject
must look little at the current of the judicial decis-
OF the country Without having them al hand now
will state general principle WHICH has been decided
understand it, 1t has been decided by the Judiciary
OF the country in regard to slave property that the
sence OF slavery IN fac warrants the presumption that
slavery exists in law, unless positive law can be shown
prohibiting or aboshng it, Now, under the amendment
Of the senator from mississippi suppose that any num-
ber OF slaves get there amounting to enoughwtnout al
tempting 10 fix that numberto warrant that presumption
that u0der his amendment the Legislature the
Territory should pass law, municipal S law, Il you
he points, and quote the laws OF Mexico which are
quoted rebut the assumption that slavery exists there IN
point of fact what would then be due under his amend
menti 1t will be Immediately replied, there is law
which inconsistent with that law What is that law
II is law which speaks of slavery. II law providing
such rules and such and such taxes that the slaves shall
not be treated equally aowei to go certain dstaAce
from home And therefore, slavery may be established
under it. As Congress cannot be willing TO esta bllsh
slavery directly give the right to hold slaves there,
il is to creep this indirect II seems 10 me
that Just the legislature is authorized BY this
Congress 10 pass laws with the laws OF Mexi
you get rd OF H. and II is equivalent 10 an al
rmaye establishment of slavery II we are going to do
the OF slaves in the slave States shall have full
permission take them there and shall be protected in
their enjoyment On the contrary, II i IS the will OF
Congress that slavery shall not be established there let
US say 60 II you do neither of these, II seems 10 me
that the plan OF the senator from Illinois involves no
lmproprety to say nothing o the subject but TO leave
il to the legislature OF the Territories would prefer the
bill IL introduced by the committee, neither con.
tanning slavery any expression upon the subject
believe that the bill introduced by the Committee OF Thr
teen for its passage, should be retained
the form in which il was introduced as possible
II TO go into amendments upon this subject, there
made il his bill with regard 10 slavery il ought to be
openly DONE On the one hand the express prohioi-
ton" may voted for, and the other slavery may be
expressly admitted There is necessity Tor this hness-
ng-and in that attribute nothing OF the kind as the
object OF the from Mississippi for dlsayow that
But let approach the subject directly We are about
70 create legislature in the Terntory-a Legislature
which can repeal establish the prohibition OF slavery.
Al least that my opinion. II we are unwilling that
slavery should 90 IA there, let us not put IN ne power
TO carry there Let put In the provision IN express
words the way the other; or let US say nothing
about it.
| Mr. BUTLER gave way 10
/ Mr. DAVIS, Of Mississippi. With the permission OF
the senator from South Carolina, wish to say 10 the
senator that his proposition cannot be implied ndepend
ent of the amendment, because II has connexon with
it, Congress may decide that slaves 10 be lawfully
carried there then, will ask the senator, would we not
sll require the very amendment which have offered
Would be leave language, which prevented the terrific
rial legislature from enacting laws upon the subject Of
slavery, and yet give authority TO take slaves into The
territory II Congress decides that they shall not take
slaves there, then grant that there is necessity Tor
power TO enact police laws in respect TO H.
/ Mr. BUTLER. | do not rise 20 into the discussion
now, but wish to say word two in answer TO the
words referred TO, because they were introduced upon
former OCCASION and other language was substituted for
them. As well as recollect, when the COMPROMISE OF
lsiS reported 10 the Senate, containing the words
that the Territory should not legisate in respect TO sla
very, my friend IRON Maryland, Attorney General,
Mr. Johnson,1 said that ii the words remained, and II
the Of slave, with view TO try the question,
should carry slave there under articles to Tree hm IN
certain tme or alter certain amount OF service and NJ,
when they had arrived any should seduce or nvcIge
The slave away take charge OF him, and employ him. and
the master, choose call him, other owner should
demand that slave and should endeavor by action OF ro
yer his title TO him. he would be left without
courts taking cognizance either OF the subject Of the
tion OF troyer or any other action whatever. And so
il would be- II the Legislature prohibited from passing
any law in respect 10 slavery. A man might have an
abstract right to carry slave there under the constitution
OF the United Sates but If il should be inveged from
him, the could give him remedy, for the
that the legislature could pass no law under which be
could have remedial process, in issues growing out
OF the constitution of the United States think that