The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-23
CONGRESSIONAL.
spEEcH OF ma. DOUGLAS,

On the Territorial Question; dsiiusred in the Senate
March IA. 1850.
The Senate having under consideration the message Of
the President Of the United Staes transmitting the con-
Mr. DOUGLAS resumed and concluded his speech. as
follows:
further the time OF the Senate Ii my intention
and desire 10 have concluded yesterday When yielded
to motion to adjourn was discussing the proposed
amendment OF the senator from South Carolina 70 the
constitution, and perpetuate the equilibrium be-
tween the free and the slaveholdng States. This
gard q entirely nadmissbleas morally and physically
now pass 10 another question which has been intro
duced into this debate In The course OF desultoy DIS
ss sssss1 sss aSs 0Ss1 Ss Ss
proposition. that ct the time Of The acquisition o Cali
forna and New Mexico slavery was prohibited BY law
h Ss hs Ss q sa a
continues to be the law OF the land in the Terri
tories acquired and remain in force forever,
less repealed by competent authority Since that discus
sion took place the senator from Mississippi has made
speech upon the subject in which he referred to and
quoted all the laws Of Mexico bearing upon that point
ls43 confirming the previous laws, and prohibiting slavery
in all Mexico. From this il would that the point at
issue between US was in regard the effect OF these laws,
and their existence ii the attention OF the
ator had been called the constitutional provision to
which have alluded, must presume that there would
have been difference o opinion between US, even in
regard to the effect and validity OF those laws In the
mean time the distinguished senator from Missouri Mr.
BENToNl has made an argument upon the question: in
which he reviews all The laws and authorities upon the
ed in manner conclusive to remove all donbtupon
IL Anything that might add would weaken rather than
strengthen the force OF that argument VIII therefore
adopt the speech of the senator from Missouri on this
point and ask the senator from Mississippi to accept IN
discharge OF my promise Upon the other branch Of the
proposuento wit that the laws OF Mexico prohibiting
slavery now remain the laws Of the land in California
and New Mexico by virtue OF the treaty and the laws OF
nationsI will quote only authority. and leave the
read from the case Of the American Insurance Com
pany ct al Gamer, in Isl Peerss Reports, pages
1924:
"The usage Of the world is. If nation be entirely
subdued consider holding of the conquered territory
military occupation until its fate shall be deter
r., q s ei and e eesed territory By
of the nation which it Is annexed either
on The terms 10 ae sa 81 eessoa q or s1S sacn
tory bsen held that the relations Of the inhab
with lhe,r iormer sovereign are dissolved and
tons created between them and the which
has acquired their territory The act which transfers
their country transfers allegiance of who
In il and the law which may be denomna'ed political, IS
eosrss amd gsnuai coad.ef Of ndivdais force
until altered by the newly created power OF the State
Here we find that at has been held that the rea
tions of the inhabitants with each other undergo any
change. The "law denominaled political" only is
changed What that political law viii appear by the
following passage from the same decisions
t has been slrcady stated hat all the laws which
copied which political in as character, which
The relations The people and their sovereign
remained in force until altered by the government OF the
United states"
This is the doctrine OF the Supreme Court OF the Uni
ted States, in opinion delivered BY Chief Justice
Marshall, and concurred in by all the Judges | could
quote many other decisions of the same court, to
the same effect, but this will suffice. Thus il ap-
pears that, when we acquired New Mexico and Cali
forna, the treaty which transferred to the
Territory also transferred with il all the laws in force
the tme except those relating to the allegiance OF the
inhabitants to the government OF Mexico This rule IS,
of course subject TO the urher limitation OF such laws
inconsistent with the constitution OF the United
States and the fundamental principles OF our govern
men OF this character Is the law creating an estab-
lished church part OF the government OF the State
That and all other laws inconsistent with form o.
government become void BY the treaty But law adopt
ed by the people themselves prohibiting slavery cannot
ed in all The country acquired from Mexico by funda
mental lava constitutional provision adopted BY the
inhabitants Of the country and which must continue IN
force forever unless repealed by competent authority
This doctrine is not with me, is Il now advanced
by for the hrst time advanced il the first time the
Wilmoi provlso was ever proposed IN the House o ke
this point trust will be excused for reading passage
from that admirable work. Wheelers Biographical and
Political History OF Congress. Speaking OF myself.
the author, who al that time reporter the House,
says:
'Ie mr. DoucrAsl opposed the incorporation Of the
Wiinot Pfoviso into two and three million bills he
believed the proper time had Tor actoh that
subject Ii unnecessary at this me he argued, TO
agiise question which practically might never arise
Siapery prohibited ~ Merieo porfioa Of
fhai eovniry should o. 10 the Uaittd States. tho
avg spsai,oa bsiag made that poia s erisiing iaUs
scoud force they eonssfsaf rsfh
ecwsffsion uata rsptaed by compeient ashorty That
authority be either Cougress the opie Of the Ter
own hands; Il people Of ihs Territory they would be
le decide the question for themselves according TO their
wishes"
now come 10 consider California as a State The
question is now presented whether we will receive her
as one OF the States OF this Union And, sir why should
not do III The proceedings, II is said the lorna
ton OF her constitution and State government have been
irregular. II this be so, whose fault is il. Not the peo-
pie OF California certanly ior you have refused for the
the proceedings could have been regular.
Surely you will not punish the people oil California
for your sinssins OF omission, II not oil commission
The people OF California were entitled 10 government
oughf 10 have had one, and il is their fault that one
was not given to them. Nor il my fault II will be
recollected by every senator present. and trust the fact
will not be forgotten by the country that more than
year ago, 10 December, 1sfs. brought in bill to au
ihorize The people OF California TO form constitution
that bill passed. the proceedings would have been reguar
Everything would have been prescribed law and done
according to law that the most fastdous could have
found nothing to complain Of The people OF California
would then have done in obedience 10 law precise
ly what they have done without law. The previous
assent OF Congress- would have been given, the qualh-
cations o voters Defined the mode OF conducting cleo
tons prescribed, the time and place for the convention
20 assemble hxed and, in short, all the rules and forms
OF proceeding would have been established by law, ac
coidng 10 the most approved precedents pressed the
passage OF that bill upon Congress during the whole oil
The last session, from the first week until the last day.
But failed and why The arguments urged against