Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-06-14

1T the hands of their own constituents. | cannot,
therefore veto for the amendment, believing 1t
thus calculated to defeat measure the adoption
of which deem essential to the security, happl
ness and concord of the nation,
Mr. BERRIEN. Mr. President, the senator
from Mississippi has unwittingly proposed a verg
strong argument in support of this amendment,
If there are gentlemen in this chamber disposed to
defeat this bill he has given them mode of doing
i. an that is, by adopting this amendment, These
gentlemen who rely upon the opinion just express
el BY the senator from Mississippi, that the adop-
ton of this amendment will defeat the bill, acting
upon the principle that regulates his course to de
ttrrnne upon each amendment by the effect it will
have upon the fate Of the bill. will, Of course, vote
ior the adoption Of this amendment, lock then
to the enemies Of this bill to give that support to
he amendment which has been invoked Tor 1t pr
the argument Of the senator from Mississippi
Mr. FOOTE, (in.erpcaing) l hope tbs sene-
Tor iron. Georgia does not Intend to suggest what
his words imply. that 4 am invoking opposition to
che til.
Mr. BERRIEN. Ii the word 'nroAe" gives
ofF,n.e, viii cheerfuliv recall il. meant to State
the etfec. OF the argument, and | do it for the
view that an amendment ought 10 be tested by It's
own merits, and not by the effect it VIII have upon
the fate Of the biz.
have BEEN very much complimtnted by the
opinion the senator has expressed Of the argument
delivered by noe in support Of the proposition that
Ehe Mexican laws are not now IN force. have at
no time imagined that that argument, or that the
arguments OF any other southern senator were look
ed upon with contempt BY the people Of the South,
or by any portion of the people of the South.
knew there were many who disagreed with them;
but thought they wers always treated with
sufficient degree of respect to preserve them from
contempt Bat my proposition Is this: that with
whatever respect those opinions may be received
by the southern people, they Will not be wiling to
leopard their property while this question remains
in doubt | would ask if the senator from Missis
sippi who afirms so confidently the reliance which
southern people have upon the repeal or annihi!a
,on of Mexican laws. has seen the decision III a
slave case in California by Judge Thomas, one of
the Judges appointed under the constitution and
form of government -? In that case, Judge Thorn
As distinctly affirmed the validity of the existing
Mexican laws. With this diversity Of opinion a
1nong ourselves, and with an affirmation of Judge
in California Of the validity of the anecedent laws
and with the declaration that they in force
will not honorable gentlemen hesitate some time as
to the proprety of encounerng the risk or a SINH
lar adjudication in Utah and New Mexico, in rela-
tjGn to the validity Of those laws The senator
will observe that the decision does not proceed upon
the ground that California has the prohibition in
her constitutions but decides that under the exist
ing Mexican laws, or the laws in force in the Ter
ritory anterior to the formation of that government
the owner of that slave had no right to retain him,
and he was freed. With this view of the subject,
| ask if it does not become southern senators, by
a deelaratory act, TO decide the point of doubt
which must exist in consideration of this conflict OF
opinions? ! ask more gravely than l was dlSpos-
ed to treat the suggestion with which | offered
these remarks, if it would not be in the spirit by
which senators are actuated in relation to this bill
that spirit of compromise and concllatlon-to
Weld at least this much TO the doubt Of persons
who think the provision necessary?
Mr. FOOTE. Now sir, in wha: predcament
are We? | have cited the highest authority in the
whole southern country, and it is known that al
most every able iurist in the South, and almost
every able statesman there. has expressed the opn
Jon upon which | am now acting. The senator
from Georgia ayows that he vet retains the opin.
ION which he has formerly asserted and maintained
and as i believe by irrefutable argument; and YET
what does he now Why, that from respect &c
the opinion of some men III California, whose name
| never heard of before-some California jurjs-
consult | suppose-wc are to engage in act Of
LEGISLATION that would never have been thought Of
but for the judicial decision Of this obscure and
undistinguishcd official parsonage. | undertake
to say again. that the senator from Georgia is even
undertaking himself more than he did at first. In
the beginning of his controversy he seemed to inn
aginc that the South did not duly respect his opin
ION and that OF others concurring with him. and
would not deem it safe to act upon it F.; and now he
seems to entertain the idea that the whole South
would IA her defer to the judgment of this I'M
known judicial officer IN California whoever he
may be, than to the carefully formed and deliber-
atey enunciated opinions of the distinguished gen
tlemen of the South to whom | have already re-
fcrrcd Why sir, the decision of that person in
California, whoever he may be. whether alcalde
Justice of the peace, or Of the quorum ct rotaIorum
81 what not, would not weigh feather with me
and tell the senator that he does not duly esti
mate the good sense and sounu intelligence of the
southern people in supposing them so easily fright
ened out of all sober regard to ust authority and
the plain law of the case, Sir, l have fEui conf
depcc in the Supreme Court Of the United States
and / cannot doubt, if the senator from Georgis
should be employed TO argue this question before
that high tribunal, that he would be able to pro-
cure reversal Of Judicial opinion, by whomSoev-
rendered, asserting the existence and validity
Of the Mexican laws abolishing slavery. Let me
remind the honorable senator that he, as well as
myself, voted for the Clayton Compromise, in con-
sequence of our believing that it was altogether
safe to submit this delicate question to judicial ar
pitrlment; and it is now little toe late to recoil
from doing what We then confidently ventured to
do
The following is the vote upon the above pro
position and debate
YEAS-Mcssrs. Atchison, Bamwell, Bell. Ber-
ricn. Butler, Clemens, Davis of Mississippi, Daw-
son, Downs, Houston, Hunter King Mangum,
Morton, Pratt, Rusk, Sebastian, Soule, Turney,
Understood and YuIee-22
NAYS-Messrs. Badger. Baldwin, Benton,
Bradbury, Bright, Cass, CHASE Clarke, CLAY,
Cooper, Davis of Massachusetts,, Dayton, Dickin-
Nd e