Weekly national intelligencer., 1850-05-18

Seward Shields smith, spruanee, Wales. Walker Webster,
NAYs-MesHs Atchison, Bell Berren Borland, Bright,
Cass, Clay Clemens, Davis of Mississippi, Dawson, Dick
insop Dodge Of Iowa Downs, Emore. FoOte Houston Hun
Sturgeon, Turney, Underwood, and Whitcomb-2S.
So the bill not laid upon the table.
MI, DAVIS, of Mississippi offer the following amend
men To strike out in the sixth line Of the tenth section the
words In respect African slavery and insert the words
with those rights of property growing of the institution
Of African slavery it in any Of the States of this
Union. TIE object of the amendment to prevent the
Territorial Legislature from legsatng in regard the rights
Of property growing out of the institution Of slavery
Mr. DOUGLAS. Is it in order to ask for division Of
the question
The PRESIDING OFFICER. 1t is not.
Mr. DAVIS, of Mississippi. Mr.. President, | will state
very briefly the object had in view in offering the amend
ment was to test the Of the Senate the single
question, whether the right the service Of man-whehe
the right Of property in slaves il exists in the slvehod
States of the Union shall the protection which
other property the Territories ofhe United States
The language Of the BILL stands would to exclude
the idea OF the right opopery growing Of the Of
African savoy to receive the protection from the Terri
oral Legislature as is accorded all other species
pery. As now propose amend the bill, il will prevent
the Territorial Legislature from invading the rights Of the in
habitants Of the sayeholdng States willing to leave
question to be decided according TO the great cardinal
principles OF the Democratic party that the people nhabt
ing Terrtov when they form State constitution
for themselves can do they please II will leave to the
Territorial Legislatures those rights and powers which
y, but to the peace of the Territory 1t will leave the
to make such police regulations necessary pre-
disorder and which will be absolutely with such
property ss that to secure its beneficial to its owner
With this brief explanation submit the amendment.
Mr.. SEWARD. | offer the following amendment
the amendment Strike the whole of the amendment
and insert what send to the Chair (which understood
| to be the Wmot proviso.]
| The PRESIDING OFFICER. To strike out the whole
Of the amendment and insert constitutes substitute which is
| not in order.
| Mr.. CLAY Mr. President, am not perfectly sure that
comprehend the full meaning of the amendment offered by
| the Senator from Mississippi II do think he accom-
pshes nothing by striking out the clause in the bill and
inserting that which he proposes 10 insert The clause in
the bill is that the Territorial legislation shall extend to
any thing respecting African slavery within the Territory
The effect Of retaining the clause reported by the committee
will be this that il in any Of the Territories slavery
ists it be abolished by the Territorial Legislature and
in any of the Territories slavery does not exist it
be introduced by the Territorial Legislature The clause
itself introduced into the bill by the committee the
purpose Of tying the hands Of the Territorial Legislature
respect to eeisang at ALL one way the other upon the
subject of African slavery It intended to leave the e
gaon and the law of the respective Territories in the
dion 10 which the will find them stated former
occasion that did not, in committee, vote for the amend
TO insert the clause, though proposed to be intro
duced by majority Of the committee attached little
consequence to at that time. and attach very little TO it at
the present s perhaps, Of practical importance what
/ ever. ,S... ~. u....
Now sir if understand the proposed BY the Sc
i
understand him proposing that any shall carry slaves
into the Territory although by the law of the Territory he
take them there the legislative hands of the Territorial
Government should be tied its saying he shall
enjoy the fruits Of their labor If the Senator from Mis-
sissippi means to say that -..
| Mr.. DAVIS Of Mississippi lido mean to say it.
Mr.. CLAY. If the object Of the Senator is to provide
that slaves may be introduced into the Territory contrary TO
the r c and, being introduced nothing shall be done by
the Legislature impair the rights of hold the
slaves thus brought contrary the local laws certainly
vote for it. Ia doing shall repeat again the
of opinion which announced early period Of the
session think that the languages Of the amendment which the
Senator from Mississippi has offered is just much restricted
is the language of the bill which he proposes 10 strike out
His amendment does not provide III express terms for the pr
vege of introducing slaves but merely declares that the Ter
rtora Legislature shall not interfere with the rights of pro
pery in slaves that property exists in certain class
States Very well The Legislature is already restrained
from interfering unless slaves brought contrary to the
6r oc If they be SO brought 10, then the amendment
gentleman, although its language does comprehend it.
might secure to the ntroducer Of slaves the protection OF hi
property
If the object of the Senator however, is he states the
language Of it, think, does necessarily imply it, re-
what have before sad, that cannot vote to convert
Territory already free into slave Territory. satisfied
for one, to let the r loci, exists, remain Now let ut
what will be the effect of this in that portion of New
Mexico east of the Rio Grande Three opinions prevail
that subject tie Senate. According my opinion, the
laws of Mexico still prevail in that country, because Texas
had possession Of that country, egiaed for thai
country, and her laws never stretched over hat country
but the contrary the country remained in the possession
of Mexico until, by the treaty of Guadalupe Hdago,
ceded the nted States In my opinion, therefore, the
local law which prevails in New Mexico-as well in New
Mexico east Of the Rio Grande of it's the law o
Mexico as pronounced by the Dictator of Mexico by the
constitutional authority of Mexico, and by the legislative
power of Mexico. That is my own opinion. But, sir,
there are, may say, other opinions this subject.
According to one Of these opnions-which is maintained
with much ability bI my friend from Georgia (Mr. BER
R1Es) who sits near admitting that the law Of
Mexico did extend New Mexico this side Of the Rio del
Norte the constitution Of he United States, by its ne
cessary operaon abrogated that local law and invested the
Of slaves with the power OF carrying their slaves into
any portion of the Territories acquired by US from Mexico
But there is still another opinion There many Senators
and members of the House of Representatives, and large
portion Of the American people, who believe all the terri
tory this side the Rio del NoIte from its mouth to its source,
Texas and that the laws Of Texas consequently extend
over and therefore that the Texas laws comprehend New
Mexico this side the Rio del Nor and that the lea loci of
the territory east the Rio del Nore at this moment the
law OF Texas If that opinion be correct, there is nothing
aion Of slaves from the avehodng States into that portion
of New Mexico which is this side the Rio del Norte
Hence there nothing prevent the bringing before the
Supreme Court of the United States the question OF the
right of The Shareholder preserve OF his proper
y and enjoy the benefits Of it, if he should take to the
Territories. There will be difficulty about the matter il
the bill as reported by the committee remains unchanged
And the Supreme Court shall be Of opinion either that the
laws of Texas stretch New Mexico this side Of the Rio
Crande, o maintained by my friend from Georgia, that
the constitution of the United States abolished the Mexican
laws by which slavery abrogaed in either the
owner Of slaves in New Mexico would have right to EN-
the possession Of his property But if the contrary,
believe the constitution did such thing, and Texas, mol
having actual possesop did extend her laws there then
he