The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1859-10-01

The effect Of retaining the clause as reported by
the coc:mittee will be this That if any OF the
Territories slavery exists shall not be abol-
ished by the Territorial Legislature and If in any
Oi the IerritoIes slavery does not exist it
not be introduced by the Territorial Legislature.
The clause itself was introduced into be bill by
the committee for the purpose of tyiny up the
hands OF the Territorial Legislature in respect TO
legIslatino at all, way the other, upon the
subject OF slavery. 1t was intended to leave the
legislation and the law of the respective Terrific
res IN the condition III which the act will find
them. l stated on a former occasion that | did
not, IN committee, vote for the amendment to in
sert the clause. though 1t was proposed To be in
troduced by majority of the committee | at
tached very little consequence To it at the time,
aud attach very little to II the present. 1t Is,
perhaps, OF no particular Importance whatever.
Now, SIR, IT understand the measure proposed
by the Senator from Mississippi it aims n the
same thing. i DO not understand him as propo-
sing that If any shall carry slaves into the
IerrltOrE-altEOUgh by the laws of the Territory
we cannot take them there-the Legislative hands
o! the Territorial government should be tied
as 10 prevent it saying he shall not enjoy the
fruits of their labor. Ii the Senator from Missi.-
slppi means 10 say that
Mr. DAVIS:
81 do mean TO say it,
Mr. CLAY:
"lf the object Of the Senator is to provide that
slaves may be introduced the Territories con
trary 10 the Ter iccs and, being introduced, moth
ing shall be done by the Legislature TO impair the
rights Of owners to hold slaves thus brought CON
trary to the local laws. certainly cannot vote for
1t. In doing 80 | shall repeat again the expires
SION OF opinion which ] announced At an early pc
Rod OF the session
Here We find the line distinctly drawn
between those who conteudcd forthe right
to carry slaves into the Territory and hold
them in defiance Of the local law. and
Il 3 1 =
subject 10 the local law Of the Territory
During the progress Of the discussion on
the same day, Mr.. Davis, of Mississippi,
said;
I'VE are giving, or proposing to give. a gov
eminent 10 4 territory, which act rests upon the
bass of our right to make such provision. We
suppose we have a right 10 Cyuier pov er. II 50
we may mark out the limit to which they NAV les
I>iire, and are bound no; tJcout-r power beyot.,;
tLat which exists III Congress. II we give them
power 10 iegislate beyond that. Ne commit i fraud
or u>urPation. =, II may DC done openly, covert
y, or Ia ii.ectly-'
To Which Mr Clay replied:
"NOw, IL, only repeat what have had occa-
>Iuu To say before that hI!e willing TO stand
aside aud make DO legislative enactment one way
or the Other-tO lay On The Territories without the
I!iuot Prov $50, the one hand, with which !
understand are threatened, or without an at
tempt To introduce clause iOr the Introduction OF
/ a BT re-
IrctIng both the one auI the other, | am content
tAat the !w Il exists >ai. prey all and If there
be ANY diversity u opinion 70 hat II means |
wiling tia; 1t ~h-l. De settled bv the highest
Judicial authority 0: the country. " hi!e am
tent thus - abide tie result, | must say that
cannot vote for any express provision recognizing
the rIgLt 10 carr! slaves here
TO which Mr.. Davis rcjoincd. that
az Is said our Revolution grew out of a prearn-
bic and hope have something Of the same
character Of the hard men Of the Revolution who
hT>t commenced the NAY with the mother country
->OUvtAIHg e.; tie -PITli # t.le bold lauace who
said he had a rigHt H. - to Concord and that 70
h. would; and Who, N tie maintenance of that
Tl-Al, met his death Al the hands oi British sen
uuri Now, slr. II our r. -tt u carry slaves INTO
these Territories b- constitutional right II Is
our i!rs: dat! ~ i:Ia'l--.A IL.
Pending the discussion which ensued.
Nr Davis q: the suggestion of friends.
modified his amendment from time 10
tine. until II assumed the following shape:
''Nor to introduce or exclude African slavery.
Provided that nothing herein contained hal! b..
constructed 80 a. 10 pfevelt e:I Terrt0ria! Legs-
latuTe from passing such LAWS may be ncCessa-
~ for the protection uf tie rt, "a; property Of
every kIlG which may have been or NAV b. here
after cpntOrmatly To- the Constitution OF tie nj
ted >t@tes L-.- IA Jr Introduced ..:o said Terrific
~
To which. on the same day. Nr. Chase.
of OHIO offered t!Ic following amendment:
provided further, That nothing herein con-
tanned eaAi. be construed a. authorizing or per
hitting Ee introduction Of slavery or t. holding
oi persons a. property within sad Territory"
Upon these ameulmeut--the one af-
iirming the pro--lavery and the other the
auti--layery position. in opposition 10 the
right of the people Of the Territories to
decide the slavery question for themselves
Mr.. Douglas sad:
The position that have ever taken has been,
that this and all other questions rctatiu. 20 do
mestic affairs and domestic policy ul Tie Terrific
rles ought 10 be left t. the decision of the people
themselves: aud that We ought 10 be content with
whatever way they may decide the question be
cause they have u much deeper interest IN these
matters than We have, and know much better
what Institutions suit them than We who have
never been there, can decide for them. | would
therefore have much preferred that that portion
OF the bill should have remained il was reported
from the Committee on Territories, with no provi-
sion on the subject Of slavery the one way or the
other. And Lo hope yet that that clause will be
stricken out. dul satisfied sir thar IL l-iy,S no
strength 10 the bIl ! am satisfied even il il did
give strength to IT, that 1t ought not to be there
te-aaSs Il ~ tDLIttOa r pyHc,pie-a violation of
that principle upon which We have all rested our
defense OF the course have taken ON this ulIeS.
iiou. | do not see how those of US who have ia.
ken fhe position have taken-that OF HoH-istty.
C,i.t.,2'-aud have argued III favor of the right ot
the people TO lcgI>lae for themselves this ques
ton. can support such provision wIthou,
abandoning all the arguments which We used IN
the Presidential campaign In the wear 1873. and
the principles set forth by the Hon. Senator from
Michigan Mr.. Cass in that letter which iS!kunwu
as the Nicholson Letter We are required Ia
abandon that platform, required TO aban.
don those principles and to >tultity ourselves and
10 adopt the opposite doctrine and for what: In
order 10 say. that the people OF the Territories
shall not have such institutions as they shall deem
rlatr 4
not see. sir. how such provision can be accept
able either to the people of the North the South
Upon the question how many inhabit
ants territory should contain before j,
should be formed into a political commu
nifty with the rights Of selfgoyernnlent
! Mr. Douglas said:
The Senator from Mississippi puts the question
Ia ME to what number OF people must be in
/ Territory before this right to govern themseve,
/ accrues. Without determining the precise mum
Der, will assume that the right ought to accrue
to the people al the moment they have enough tC
I constitute government and Sir, the bill assu
mes that there are people enough there to require
| a government, and enough to authorize the peo
/ pie TO govern themselves.
! Z Your bill comedies that a representative
: government Is neceSSaIy-a government founded
/ upon the principle of popular Sovereignty, ano
the right of people to enact their own laws; anG
for this reason YOU give them legislature com
posed of two branches like the legislatures of th,
different States and Territories of the Uuion-
You confer upon them the right to legi>iate on al
righ,ful subjects of legislation" except negroes
Why except negroes, Why except African sa
! verys If the inhabitance are competent to 90
yein themselves upon all other subjects, and il
reference to all other descriptions OF property
they are competant to make laws and determin
the relation between husband and wife. and pa
rent and child, and municipal laws affecting tn
rights and property of citizens generally, they ar
competent also to make laws to govern themsere
in relation to slavery and negroes"
With reference to the protection Of pre-
perty in slaves Mr.. Douglas said:
/ 81 have a word 10 say TO the honorable Senate
from Mississippi, (Mr. Davis He insists that
am not in favor of protecting property, and tha
his amendment is offered for the purpose of pro
,ectng property underthe Constitution Now, sill