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

would be the result. Ii they in force--if such
laws do exists it possible that gentlemen are
afraid to exercise their legislative functions to re-
peal them, and declare them null and void /? II
they not in force, why they afraid, then, Of
making the declaration which alone gives the point
of honor to the South--gives to the North every
thing in the way of land, and reservng the mere
inch of honor to the South Is it come to this.
that we are afraid to repeal these laws
Mr. FOOTE. Ny honorable friend from Suttth
Carolina talks about gentlemen being afraid to
do this thing and the other. But for the high res
pect | entertain for the honorable senator, would
say that he looks to me little, 'afraid'' to an
swer my question. propounded a distinct inter
rogatory to him, and appended to 1t solemn
statement of fact viz: my regard for his legal
learning and Judgment | wished his advice. |
asked distinct question, whether it was not his
opinion at the present time that the Mexican laws
on the subject of slavery not extinct SO
we were formerly taught by the colleague of the
/ honorable senator, Mr.. Calhoun, and by the dis
! tinguished senator from Georgia, Mr.. Berrien. !
So We were taught by number OF gentlemen on
the opposite side of the house, and among them
! by the honorable senator who now occupies the
chair of this body, Mr. KING. Such is my pre-
sent opinion and my reason for not voting in sup
port of this proposition is, that | never Will be in
duced, by mere excited local sentiment, TO do that
which | consider unnecessary and illuSory. If |
had the least doubt on the subject of the Mexican
laws with regard to slavery being at the present
time null, why, | might be inclined to vote for
some such amendment as this, though | do not
know that could do it with proprety even then,
inasmuch as | am non-nterventiOn man and if
this amendment has any effect at all, it will have
the effect of altering the condition of the South IN
regard TO slavery in the Territories. If it does not
do this, it will be entirely nugatory
Mr.. UNDERWOOD | feel constrained to vote
for this amendment, and | wish to assign a reason
for doing. | vote for it the ground that this
bill, it stands, does not contain the non-inter
vention policy. This bill says expressly that the
local legislatures shall not alter any existing system
of laws on the subject of slavery which may now
prevail in the Territories Now, if YOU lcgislate
to maintain an existing system of laws in force
an existing system Of laws-is not that precisely
equivalent to adopting that ststetn 40 tntjo .
What is the difference? How can you call it non
Intervention You say in this bill that the exist
ing system shall remain in force. You say SO by
the refusal to allow the local legislature to repeal
it. Now, sir, ] cannot discriminate between de-
claraton that the local legislature shall not repeal
a law and passing enactment of that law. ]
think then, that this bill departs from the prihci
pie of non intervention. That has been my objec
ton to the bill from the first. 1t is objection
which l have been endeayoYng to vote out Of the
bill
Now, sir, regarding this bill. as do. as acting
to perpetuate those laws which | believe to exist
and to be in force in the Territories, must GO for
this proposition made by the honorable senator
from Mississippi, Mr. Davis, to repeal them by
declaring them null and void, in conformity with
the principle which have always contendcd for.
Mr.. BUTLER. Mr.. President, the honorable
senator from Mississippi Mr.. Foote, says that
did not answer his question. My opinion is in con-
formty with the opinion of the distinguished SEN
ator from Georgia. Taking a broad view of this
subject, think that all the States are part owners
of the Territories, and that, by virtue of that own
ership, they have right to 90 there with their
property of every description, and that 10 laws Of
Mexico can exclude them. At the same time
may have doubt Or different opinion as to what
will be the opinion of the court. This is differ
ent question altogether. ! know that Judges are
greatly under the dominion of authority and what
is my opinion may not be theirs. They look with
great respect to old English decisions, even when
they are not applicable, in the broader view of the
subject, to cases arising out of the constitution of
the United States. | have now answered the
question of the senator. ! do not want any law
TO say that shah 6e permitted IS 60 TO the Ter
ritories with my property. l do not know, indeed,
whether anybody will ever choose to 90 there with
their slaves. All that | want is that all obstruc
tons shall be brushed away, and that | shall not
be deferred from doing so, provided [ do wish TO
90 there by the fear of impending litigation
That is not non-intervention at all, in my appre-
hension of it, You have repealed already all the
Mexican laws upon other subjects, at least in effect
all except these very laws. So far as your sys-
TEN goes, it is repeal of the laws that did exist
in California The alcades, the projects, or other
tribunals are all swept away. All of the arbitrary
processes by which man may be deprived of his
liberty have been swept away. The laws regu-
atng the succession of property and the Settle
ment of estates have presume, been virtually re-
pealed, and American laws substituted for them
under the general change of legislation which oc-
ours by the change of jurisdiction. Such laws as
have been or shall be found proper have been or
will be enacted upon any other subject except up
on this one. All | ask is that all Instructions may
be removed out of the way of the operation OF the
constitution and laws of the United a.es-enac-
ted in accordance with the constitution.
Mr. FOOTE The only difference between Tie
senator and myself is this: We entertain the same
clear, distinct opinion, deliberately formed upon
mature scrutiny; but the gentleman, possessing
as high faculty for legal scrutiny any man In
this country, is not willing to legislae upon his
opinion, whilst l, having far inferior faculty for
the formation of legal opinion, perfectly will
ing, an independent member of this body, to leg
islate u'son my ofen isdgment. I agree with the
senator from South Carolina with regard to the
nullity of these laws and therefore am not will
| ing to vote fer annaling them. He agrees with
me that they null, and yet he wishes to annul
them over again. He wishes twice to slay the dead
Mr.. BERRIEN Mr.. President, l am unable
T Il I IL