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

ION winch he entertalnS ana WHICH enttEtalH,
and the opinion entertained by persons whose
opinions have equal, and probably greater
Influence upon the courts and the country, are not
a sufficient reason why the means at our hands 10
settle that difference should be applied.
= bile this diversity of opinion exists, the resui5
will probably be that southern men holding this
particular species of property will be effectually
excluded from those Territories-as much so as
if the Me&tan Laws were existing and in force--by
the doubt which overhangs the subject. The un-
willingness of persons possessing that species OF
property to 30 into countries where their right IL
dpsuted and to subject themselves to litigation BY
which they might be dspossessed of it, viii have
that effect. The honorable senator from Misss-
sippi will recollect that of the attributes Of the
profession of which We are both members is its
glorious uncertainty. The glorious uncertainty
Of the laF has -passed into proverb, not because
there is any uncertainty in the law, but because
there is an infinite variety in the interpretations
which are given to it. This uncertainty which
hangs over the subject operates, say, as efectu-
ally against the rights of the persons who hold
that species of property, emigrating to those Ter
ritories, if the Mexican laws decided 20 tc
in full force and effect.
The amendment of the senator from Mississippi
Mr.. Davisl is merely declaratory act upon the
part u Congress, for the purpose Of removing those
doubts and and difficulties, and to enable persons
who hold this species of property to exercise their
rights without having suspended over them the
dread of Irrigation That is the answer to the SEN
ator from Mississippi, Mr.. Foote. 1t is not tie
fear of the operation Of the Mexican laws that WI
want to avoid, but the danger and expense of hi
cation ard l submit to him that it behooves us
to remove by positive declaration of the law,
the doubt which has been created. and which op-
crates as a barrier to the exercise of southern
rights 4 declaratory act on the part Of Congress
to remove this doubt is not the passing of any reg
ulation with regard to slavery. 1t is merely
ercising the right of the conquering country 70
repeal or declare null the laws of the conquering
country. In that view of the subject, l cannot
but hope that this amendment of the senator from
Mississippi Mr.. Davis will find acceptance with
the Senate, and urge it respectfully upon their
consideration the more that this is bill of com
promise. It is proposed in that spirit il is advo
Gated in that spirit. Certainly if gentlemen wish
10 conciliate those who have doubts with regard 10
some CT the provisions of this biH they viii not re-
fuse a declaratory act to relieve this subject
from the doubt which hangs it, and which is
as positive hinderance TO the enjoyment of these
Territories bT the owners of slaves If there
an express provision prohibiting them to enter
them. If gentlemen really desire to have this act
passed-if they want to get a compromised it is
their purpose to aay the excitement which is ex-
istiug in their country, ask that they will demon
stra:e that wish by an act which will &c merely
declaratory, but which will be effective TO remove
the difficulties that prevent portion Of tLis gr
ion from enigratng to the Territories. These ere
my views
Mr. FO0TE. l feel the appeal OF tie senator
from Georgia, and am sorry to have TO resist il:
but do it on his own high authority. When
took my seat in this body, had never examined
this great question particularly; ard when heard
the first speech of the honorable senator from
Georgia in explanation of it, the argument contain
ed in which has been since repeated two or three
times, with, if possible increased cogercy every
time tine Of such repetition, it carried the clearest
conviction 10 my mind that the laws Of Mexico in
regard TO slavery were not now in force In these
Territories, and have not been since the treaty of
Guadalupe Hdalgo. The hunorable senator from
South Carolina, no longer here, Mr.. Calhoun
made, if anything, more cogent argument evtn
than the senator from Georgia-but that was i'm
possible; for the argument of the latter
pete, irresistible, and ought to have carried
vction to the mind of every unprejudced man in
the country; though know that very distinguish
ed gentlemen still entertain different opinion from
that expressed by him. Now, l beg leave to tell
the senator that defer more to his authority thar
he himself seems to do. l undertake to say To
him that be is at the present time entertaining ap
preEensions wholly unreasonable and unfOundet,
ii his former teachings were soELd. 1t Is not true
that his authority is treated with such contempt az
he seems to imagine at the South it is not true
that the teachings of Mr.. Calhoun al the pres
ent time treated with universal contempt amoas
southern Pc opie it is not true that the opinions OF
all the distinguished gentlemen from the southern
States, who have at different times expressed thom-
selves on this subject in unison with the gentle
man from Georgia, are row held in such contempt
at the South that no STAKEHOLDER would dare to rt-
move with his slaves to these Territories, from a
dread entertained bv him that the Me =ican laws
abolishng slavery are still in force. The cogtnt
and conclusive argument Of the distinguished sen
ator and others could not be read at the South
without convincing every reasonable man that the
Mexican laws alltrded to have no present existence
in the Territories. Such is the opinion at which
have arrived, and on that opinion | feel bound
to act as member of this body shall l give
any vote in opposition to my own Judgment, and
in Difference to the opinions of others, unless upon
question of great triviality, and where public
detriment could arise
Sir, this amendment is intended either 10 haze
effect, it is not intended to have any effect
Is it, ask, intended to have any effect Ifso.
what is that effect The gentleman contesses that
the object is to give additional protection to certain
rights of property in slaves in the Ier1tones OF
the Union, over and above that which the const-
tuition ro4 affords Well, if it is SO intended, and
that is the acknowledgment, | ask would not this
be Intervening by act of Congress, for the pur-
pose of saperadding to the protection now afforded
by the constitution to those rights of property il
slaves at the present time possessed by southern
L. H. a.