The daily union., 1854-02-28

meni lei me say all kindness 10 the senator from Ar
kansas, Mr. JoHSsos who introduced bill this morn
ing providing Tor the organization OF the Indian Tero
res. preparatory TO their admission into the Union as
States, that he will find il TO be utterly allacious.
Mr BRODHEAD. Civilization is entitled TO this con-
nent
Mr. PETIT. My friend from Pennsy lvania says
civilization is entitled to this continent Yes sir, II is by
a higher law than your constitutions for am, in one
OF the term, hsheaw man, will be found be-
fore get through BY higher law than your cons,liu.
the Almlghy-his children FIRST planted here 10 give
way % race OF men heavier physically and heavier
mentally, The wild grass amid which he lay, the woods
where he built his moon-hre and where he erected his
wigwam, his bow and arrow, his hualo his deer, and
all the Accomplishments OF the wild man, are TO pass
away, and The heavier race come on with their accom-
panimeDis Then the soil will be cultivated stately
sons will be reared, and the cultivated, improved, and
domesticated animals will DO introduced The country
will be peopled by widely different in all their
tendencies from that which preceded them they could
possibly have been made, even by Almighty hands.
The Indians have no future let me say 10 those who
have sickly sympathy on The subject. To my mind, It
ia plain that act them from that end, that
doom placed upon them by higher law; il is inevitable.
You may almost see-you can easily conemplae--the
period when the last OF these tribes shall have gone from
this continent and when no remnant OF them can be
found Ii vain and idle TO attempt any such thing
staying destiny that has been written by the hand OF
the Almighty so legiby and ntegiby that the weakest
and the most wayward may read il. Wonder al il you
will, pity them and their deplorable condition
as you may their doom is sealed beyond the power of
human wisdom 10 stay OF avert.
Sir this attempt made in Mexico recently, on this
continent TO harmonze and cultivate together the exist
OF two separate and distinct need not stop
to tell the Senate what has been the result and how sig
order there Where is discipline, where is love, where
is harmony, where is alfecon II does not exst-can-
no, exist Men who constituted physically and men
tally different cannot enjoy, equality. one Common
wealth together Oae must be the superior, and the other
the inferior The question. then. is of extent and
not Of kind Where race is inferior to the other it
Ia,
tent 10 whether they shall be slaves fully slaves
partially They cannot live oa an equality All attempts
10 produce such result will be idle and futile.
Let remind the Senate OF little piece OF history,
which happened 10 Joshua, the OF Noses for
a violation oil the injunction and stern mandate from
Heaven TO Moses, that upon arriving at the Promised
out any exception whatever; Moses never allowed
TO pass the Jordan himself He got sight OF the Prom
ised Land by ascending to Psgah's heights, and there
calling his followers together, four hundred and forty
thousand who slaves, the descendants OF slaves
the Egyptians Tor four hundred years. he bade them
farewell aud handed over his command to Joshua. his
successor
Joshua crossed the Jordan and led the Jews 10 the
Promised Land, and then Of the Canaansh tribes by
their head mentor they were tribes like our Indians
begged TO be incorporated within Their municipal body
and 10 form constituent part of the government and
people, protesting friendship and Their desire 10 become
obedent to the laws and will OF the whole taken TO
gether.
WE'LL sir, Joshua, the successor of Moses overcome
by his kindness Of heart, forgetting the mandate oil the
Almighty that they could not live IN peace together, that
il the destruction OF themselves II they did not de.
ssoy The other race, made peace and terms with them
What the result In less than year disurb-
ances difficulties qnarres and excemens, consequent
upon the different organization OF the different oil
men. the result; and Joshua alter having made
treaty With Them, compelled TO put the remnant
Of them 20 the sword Such, so, you wss mod y t-
dion of the Indian tribes You might well attempt
to tame partridge and make dahghil 10 81 Of IL You
might well attempt to domestcaie the deer The buf
falo--a thing that has never been successfully done
and make II obeden as the OK. The acconpanmenls
of that Of men not those Of those
OF theirs.
Sir, this question is argued though The passage OF
this bin creates slavery in these Territories That IS not
true Had the amendmen. oi the senator from kentucky
Mr. DIxoNl prevailed be FIRST offered il, that would
have been toe result Let US lay aside all passion and
prejudice and appeal 10 our judgments and nteects
Mr. DIXON. Will the senator allow me merely TO
enter my protest agans, the construction he gives 10 that
amendment | think, II he will examine the amend.
ment, he will find tha lar from legslatng slavery into
the Tslores leaves the question precisely where il
befoe the act of restriction passed II neither
legisaies slavery IN nor out OF the Territory, but leaves
II lust where it was without the act
ar. PETIT. / understand the senaol, and under.
stand what his meaning was, as he subsequently ex.
planned IT, But il my business to deal with what law
Il would make had II passed. and not with the Intentions
of the senator say thai ii the amendment OF the .ena-
tor, first offered, had prevailed would have legis-
sted slavery into this Territory This is not impugning
bis motives say that is the inevitable result OF the
passage OF such provision and will proceed 10 show
the Senate and to give 10 that senator my view OF IT, We
bought this Territory from france, who had very recent
~ acquired II from Spain by similar transaction
While il was in the possession oil Spain the slave law
existed all over 1.-THE laws Of Spain olerating encour
aging, enforcing, and protecting slavery. Let say
senators that this respect the ciy and the common
law differ; thai by the common law man can be a
slave but by positive enactment; and then a violation
OF the law, and lar pro tonic, enactment
OF the civil law Not so with the civil law. Where the
common law system prevails, slavery does not and
cannr prevail without n positive enactment removing
the law lar, and substituting the principles
0f the civil law By The civil law slavery does and
may exist wherever one control another with
out the operation OF law. That is the difference be-
tween lhe two systems TIE civil law existed 10 the
Louisiana Territory, aud therefore slavery per
sted all over that Ieriory. BY The sale OF Il By Spain
10 France that law was not removed; for again say
that by the acquisition OF a territory country by
sovereign IRON another the municipal civil laws The
laws which regulate The right and title 10 property, The
rights and duties Of persons in and going into that terri
tory are hde6y repealed by the transfer Of the
eien 10 another. All s domestic and municipal laws re-
main unrepeaed, and remain 10 foil force m repealed
abrOgaed or changed BY the sovereign, In such
instance the sovereign succeeds 10 all the rights and
duties Of the former soyeteignand among these rights
i the rghi 10 repeal abrogae the old laws and
suc o. enact new ones but TIL that right is exercised
TIE old laws remain IL full force, and the citizens
entitled 10 demand and have the efficacy, protection, and
benefit OF them This territory then slave
territory. True, there were few inhabitants settlers
upon in this portion; but nevertheless the slave law
existed over IL France, while she had It, did repeal
seventeen years afterwards IN 1870, did, pro tanto,
repeal thai slave law abrogsed II under the right
which The new sovereign always has 10 make domestic
laws. Pnor 10 that ume this Law remained in force At
that time abrogaed aud revoked T. In the territory
here spoken Of Ia the Nebraska Territory north of 30
H.. ~ ard l,t-a chr