The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-30


the vote now, and certain that there are many sen
alols absent who would be mortified not TO- be In the
seats when so important vote was taken by yeas ane
nays; and Ii there be extraordinary reason fo
haste II to that Il is only Just TO them upon
important question of this sort. that they should have
notice OF the time when the vote is likely 10 take place
move that this matter be postponed until Tomorrow, Al
one O'clock. s
The question being taken on this motion, il was disa-
greed 10. on diyison-,yeas 22, nays ~
Inc question having been then stated upon the amend
MIR. CLAY said Mr. President. the amendment pro.
posed by the honorable senator from Mississippi [Mr
legislation BY the territorial legislature shall not be 50
exercised as to prohibit the projection necessary TO any
property N the Territory. or which may be introduced
the Uai,ed States believe state the substance OF his
amendment, although do not pretend TO give the precise
words have no very great objection TO that amend
there be m the constitution and laws of the United States
an authority to carry slaves into the Territories then
those laws and that constitution ahrogate the local laws
s in effect legislative assertion OF what would result
without any legislative enactment for it you silent
upon the subject OF legislation and IN point OF fact there
be provision In the constitution and laws Of the United
States which authorizes the Introduction Of slavery into
the said ferrtoes why, then, that provision with
declaration in this bill to that effect would have the effect
winch have stated, OF abr0gating the local law Re-
gadlng the amendment therefore, merely asserting
tact which would be equally fact without the iniroduc
to il.
Nor do see that by implications as has been asserted
Y can be concluded that this amendment OF the honorable
senator from Mississippi will authorize, under the CON
stllution and laws OF the United States, the introduction
Of slavery into the said Territories do think there
y any such implication. repeat it. do not think il is
doing any ything more than would result without the
amendment offered by the senator from Mississippi
Now, SIR. the senator who sits before me Mr. CHAsE]
Will so moaify bis amendments merely to declare thai
i not the intention of Congress one way or
the other The operation Of the constitution and laws Of
the United States as 10 the introduction Of slavery
amendment. am prepared TO concur with the senator
from Ohio in cutting of the implication which he seems
10 apprehend from The amendment Of the senator from
Mississippi, but which have personal apprehension
Of whatsoever am prepared 10 say, along with him,
that does not arm, or, rather that il neither afrms
nor denies, the effect OF the constitution and laws of the
United States do not think that there is any arma
!ion or negaton of the sort imped-,hough | know
ne thinks there is something of the Sort and dare say,
may have introduced the amendment, part. for that
70 cut OF any such implication; and ii The
senator from Ohio will confne his amendment that ef
feet alone, viii vote for il. along with him,
Mr. DAVIS, OF Mississippi Mr.. President, il is very
strangely my fortune not 70 be able 10 make myself
dersood in relation this amendment have not the
slightest intention to require of Congress any endorse
nen OF the constitutional rights Of the South but am
most unfortunate In making myself understood in rela
lion to the subject have sought any declaration.
BY implication or directly OF right TO take slaves into
such declaration never have asked for it'll shall
ask Tor It. never shall permit Congress TO
constitutional rights Ii would border upon fatuy The
provision in relation to the introduction exclusion OF
slavery originated with others, and not with me. should
never have proposed it. prefer to rely upon the
slituion. IL is prcviso belonging 10 the original bill
i came from the hands Of the Committees and il is
cluson drawn from the original terms o that provso, that
the legislatures OF the Territories should not egsae
protect the rights OF property slaves, they might do
for The protection OF the rights OF property OF other
vidious distinction. That is the whole of il; claim
more than that assert that my right to 60 there
DEF the constitution, Is plenary enough and only claim
fight cannot comprehend how the honorable senator
from Kentucky hesitate TO vote for my amendment
said before, and say now. that il there be any here
who seek 10 make the laws OF Mexico supreme the
Territories and to make any government which shall
establish subsevient to those Mexican laws want 10
know itdistncty. want TO go 10 the country on that
issue. claim that the government and the laws must
both be subordinate TO the constitution, and that what
ever terms you your provisions must be in accord
ance with the great principles Of the constitution.
MIR. HALE. Mr.. President, l want 10 say word
upon this question like the amendment proposed by
the senator rom Ohio, Mr. CHASE but think it would
be well 10 have some amendment moved; and il
else does will myself when suitable opportunity is
such amendment-thats shall least show where
stand upon this subject for one, opposed 10 this
is o6sa sss sf
ton, and, TO say the least OF IL we ought to ascertain
where we stand
The honorable senator from Virginia mr. MAsosI
said yesterday cannot quote his very words. but give
the purpor OF hem) thai the legislative instructions of
his State bad left him discretion upon this matter
Well, sir II right IN the history OF the legislation
OF this country, there quite number OF senators
here tha this is made rule OF senatorial discretion,
and adhered tohave quite as little oi II left as the
aor from Virginia himself think. sir at least fourteen
OF the States OF the Union. IL this is the rule that is TO
senatorial discretion, have left their senators
quite narrow place to walk upon in regard TO the
question before the senator from Virginia
SENATOR. Fifteen States have given such instruc-
lions
Mr. HALE am told that there are fifteen States, in
stead oil fourteen, who have given such Instructions
The honorable senator from New York gave a hint
the other day, which mean TO improve on. He said
enough OF parliameniarian 10 do It, do hope by the
blessing OF Cod that amongst the senators representing
these fifteen States which have laid down rule meas
uring senatorial discretion upon this question, there will
be sagacy enough left in some Of them to draw line
in some proposition that may be offered here, BY which
may be who walks by discretion and who by in.
strucon. hope such proposition will be presented
cretion and who by instruction, il will then be time
enough TO talk about compromise, and not till then
confess that have been panied and morrhed at the
discussions OF this Senate and for this reason undertake.
to say that this doctrine that going TO dissolve the
Unlon-the doctrine that have no right to legslafe
upon the subject OF slavery in the Terrtoneshas not
seen its second birthday; is not two years old. No,
AR II s not 80 old as the Clayton compromise bl which
had It's origin IN the days OF is4S and this banng
threatens the dissolution OF the Union. That dogma,
born OF The discussions OF that day, has got to be 70
gigantic, that II 10 going 10 dissolve the Union. Well,
want to let the giant stretch himself because the threat
is now openly made, that the uniform course OF egs-
laon OF the country which has prevailed for sixty years,