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

cass Chase, Clarke Cooper, Corwn, Davis Of aasssSha
ss frIeS Greene Hale, Hamiin Miller, Norris se~srS
Shields, smith, Underwood, upham, Walker and Whit
eomb-27,
Mr. DOUGLAS moved further TO amend the 10th Sec
lion, by striking OUT of the 9th line the words "es-
tablishing or prohibiting African slavery
Mr., YULEE have an amendment 10 offer, which
think might properly precede the amendment OF the hon.
orabe senator, Il is for the purpose OF including in
The section all the words OF the Clayton compromise
bill, which presume is intended by the senator from
The PRESIDING OFFICER. II is not in order 10
move 10 add that TO the amendment pending.
Mr. YULEE. Then shall propose, al the proper time.
that these words be added TO the section
And the constitution and laws OF the United States
hereby extended over and declared TO be Ia force in, all
the said Territories as s the same and any provision
thereof may be applicable +tA
Mr.. CLAY There is clause TO that effect.
Mr.. YULEE have not found IT,
Mr.. HALE Is it in order TO amend the words which
10 the amendment Of the senator from Georgia: Ny
question is, whether the motion TO insert words has
precedence over the motion 70 strike out
The PRESIDING OFFICER. Certainly
Mr. HALE. propose. then, to add, after the word
" prohibiting y the words I" or allowing"
Mr.. WALKER What has become of my amend.
The PRESIDING OFFICER. The senator from I'LL
aois has possession OF the floor over the senator from
Wisconsin, and has moved another amendment
Mr.. HALE. ask for the ayes and noes upon my mo-
Mi. RUSK. understand that this is an amendment
to the amendment just adopted. do not know much
about the rules but il to TO be out OF order
Mr.. WEBSTER. 1t is an amendment to the bill as
amended
Georgia offered amendment TO strike ont the words" in
respect to-, and insert the words establishing pro-
hibiting." 1t is proposed by the senator from ILL
nois to strike all that out by connecting it with other
That S p ss that After s
inserted That having been disposed OF, then the ques
ton comes up about striking out the whole.
Mr.: PRATT. II occurs to me, sir, that possibly am
right in supposing that the amendment offered by the
senator from New Hampshire may not be in order, for
other and that is that i is precisely in substance
what the Senate have just debated upon; Il is the Viii
mot Provso, put in other words from what the senator
from New York has offered II is that slavery shall not
be allowed there that they shall not egisate al
low slavery Il is the Wmo Proviso, according to my
construction, and precisely what we have Just voted
down in the amendment OF the senator from New York
Mr.. BUTLER. suggest that il Is out Of order, for
more definite reason.shat the word aaliowsa cyl.
Legislature is constrained from establishing prohibit
ing" and now inconsistent and contradictory term is
proposed to be inserted say il is of ORDER for the
reason that inconsistent with the rest Of the section
The PRESIDING OFFICER. Is any question Of or
der raised
senator from South Carolina. that Il that is question Of
order il belongs to the Senate to decide IL and not for
the Chair; for all questions OF incongruity or nconss
ency belong TO the Senate to decide, and not to the pre-
siding officer.
MIR BUTLER, have answered my purpose, perhaps,
by rising and saying what have said, for does TO
be inconsistent TO insert what we have voted down
Mr.. HALE. The section as il now stands prohibits
the legislature from passing any law TO establish 10
prohibit savery but il does not prohibit the Legislature
from assuming that slavery already in existence there
and then going TO legisate upon the assumed fact that
slavery there That is what want TO do II you do
say we do moi establish savey-we do not prohibit sa.
verybut we take IT. 10 use popular phrase, as liked
fact. per hat il is here and then go 10 legisae
eIude any such construction as that ii had any doubt,
about the proprety OF in the rst place, they are now
removed entirely.
from Georgia, who is careful in the use Of
words as any person be- used that very word, "a
lowed" In my opinion, il is precisely the same in mean
ing as the word we have now adopted, and that is the
Mr.. HALE Ii the senator will allow me
Mr., FOorE. will "allow" him, certainly
Mr.. HALE. admit that the senator has "allowed'
me- would say TO the senator that the word admit is
not there. Il is the word establishing"
Mr.. FO0rE. II is the same thing. In the sense in
which the word established" is used IL is simply, in
my opinion, to permit TO authorize The meaning Of
the word allowed" is TO permit, to accede, 10 assign
to yiefthe same IN meaning as we have already adop
ted think the addition OF this word will but protrac
and lead TO misunderstanding, think there can be no
necessity at all for this amendment.
Mr.. RUSK. will detain the Senate but moment
III the words proposed put in the section will be
precisely what we have already voted down. Whatever
may have been intended il will operate, TO my mind, pre-
cisey like the Wmo Proviso itself Al present the ter
rtoral legislatures prohibited from establishing or pro-
hbiiing slavery in the Territories Ii adopt thus
amendment, then they will have TO legsae 10 prevent IT,
That will be the construction placed upon H. and seems
to that il is legitimate construction. This very
question we have voted down before
Mr.. UNDERWOOD | shall vote against this amend
ment as voted against the other by the senator from
Georgia and to vote for striking out the entire
Ella hara ALI IN a N ia
nothing more than the Wilmot Pfovlso, IN every
respect fastened upon the bill The legislatures oil
the States OF Coahuila and Texas abolished slavery,
and | presume that the legislatures OF New Mexico,
as we'll a. the other State of Mexico, did the same
thing. after the legislation of the empire, so 10 speak,
abolished il. | have recently examined the constr
tuition and legislation Of Coahuila and Texas, and
which children born Of slaves should be free presume
the same thing has been done in New Mexico, although
have not had access 10 the laws OF New Mexico, as
have TO those OF Coahuila and Texas But If you r.
tain these words in the bill stands, II will be the Will
mot Proyso II is wonderful 10 that gentlemen from
the free States should moi II as il Is. make these
remarks TO show upon wha, grounds shall make my
vote.
The question being then taken upon Mr. HALEs amend
men II was rejected by yeas 81, nays 30, as tollows
YEAS-Messs Baldwin, Bradbury, Chase, Clarke, Coz.
win of Massachuses Dayton, Do lge of Wisconsin,
Douglas Fech, Greene, Hale, Hanln, Miller, Morris,
Seward, Shields, Smith, UPham, Walker, and Wht
comb-2l
NAYS-Messrs Atchson, Badger, Bel, BENTON, Beuen,
Of Mississippi Dawson ID ctnson, Dodge Of Iowa, Downs
Fooe, Houston, Hanter Jones, King, Mangnn, Masoa'
Morton, Pearce, Pratt Ruk, Sebastian, Soue, Spruance
Sturgeon Tumey, Underwood, Webster, and fulce-sG