Nebraska advertiser. [volume] (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, 1859-10-06

Il do mean to say it."
Mr.. Clay:
"If the object Of che Senator is to provide that
slaves may be introduced into territory contrary to
the lcr Ioei and being introduced nothing shall be
done by the Legislature to impair the righ,s Of
owners to hold slaves thus brOaEht contrary to the
local laws certainly cannot rote for it. In doing
so shall repeat again the expression Of opinion
which announced at an early period in this ses-
sion"
Here we find the line distinctly drawn
between those who contended for the right
to carry slavery into the territories and
hold them in defiance of the local law, and
those who contended that such right was
subject to the local law of the territory.
During the progress of the discussion OH
the same day, Mr.. Davis, of MisaPpi,
said
''We are giving, or proposing to give govern
ment to a territory which act rests upon the basi
Of our right to make such provision. We suppose
We have right to confer power. If So we may mark
out the limit to which they may legislatc and are
bound not tOeonfer power beyond that which exists
in Congress If we give them power to legislate
beyond that commit fraud or usurpation, as it
may be done openly, cOyertly, or indirectly"
Towhich Mr.. Clay replied:
"Now, Sir, only repeat what have had occa-
sion to say before that while am willing 70 stand
aside and make nolegislative enactment one way or
Other-tO lay of the Territories without the Viii
mot ProyisO on the one hand, with which I under
stand we threatened, or without IN attempt to
introduce clause for the introduction Of slavery in
the territories. While am for rejecting both the
one and the other, am content that the law as it
exists shall prevails and if there beany diversity Of
opinion as to what it means, | am willing that it
shall be settled by the highest judicial authority Of
the country. While am content thus to abide the
result must say that cannot vote for any express
provisions recognizing the right to carry slaves
| there"
To which MIR. Davis replied that:
at is said our Revolution grew ont Of Preamble,
/ and hope we have something Of the same eharac-
/ ter Of the hardy men of the Revolution who first
/ commenced the war with the mother Ountry--some-
thing Of the spirit Of that bold Yankee who said he
had right to 60 to Concord, and that go he would
whO in the maintainance Of that right met his death
at the hands of British sentinel. Now Sir if our
right to carry slaves into these Territories be a
constitutional right, it is our first duty to main
tain it."
Pending the discussion which ensued,
Mr.. Davis, at the suggestion Of friends,
modified his amendment, from time to
time, until it assumed the following shape {:
"Not to introduce or exclude African Slavery,
provided that nothing herein contained shall be
construed so 70 prevent said territorial legislature
from passing such laws may be necessary for the
protection of the rights Of property of every kind
which may have been, or may hereafter be, conform
ably to the Constitution Of the United States, held
in or introduced into said territory"
To which, on the same day, Mr.. Chase
offered the following amendment:
provided, further, that nothing herein contained
shall be construed authorizing or permitting the
introduction Of Slavery or the holding Of persons
as property within said territory"
With reference to the protection of
property in slaves, Mr.. Douglas said
Il have a word to say to the honorable Senator
from Mississippi, Mr.. Davis. He insists that am
not in favor of protecting property and that his
mendment is offered for the purpose Of protecting
property under the constitution. Now, sir, l ask
you what authority he has for assuming that? Do
| not desire to protect property because wish to al
low the people TO pass such laws as they may deem
proper, respecting their rights to property without
any exception He might as well say that / am op-
posed TO protecting property in merchandise steam
boats in cattle, in real estate rs to say am opposed
to protecting property Of any other description for
| desire to put them all equality and allow
the people to make their laws in respect to the
whole Of them"
Mr.. Cass said, referring to the amend
ments offered by Mr.. Davis and by Mr..
Chase:
"Now with respect to the amendments shaI
vote against them both, and then shall vote in fa-
Of striking out the restriction in the Bill upon
she power Of the territorial governments shall do
so upon this ground. 1 was opposed as the honora-
bic Senator from Kentucky has declared he was to
the insertion Of this prohibition by the Committee.
l consider it inexpedient and unconstitutional.
have already stated my belief that the rghtful pow
er Of internal legislation in the territories belongs
to the people"
After further discussion the vote was
taken by yeas and nays on Mr. Chase s
amendment, and decided in the negative
Yeas, 25, Nays, 80. The question re-
curing on the amendment Of Mr.. Davis,
of Mississippi, it was also rejected: Yeas
| 25, Nays 30. Whereupon, Mr.. Seward
offered the following amendment:
"Netber slavery nor involuntary servitude, other
wise than by conviction for crime shall ever be al
lowed in either Of said territories Of Utah and New
Mexice."
Which was rejected-Yeas, %, Nays
On the 18th of August the bill for the
organization of the Territ -ry of Mexico
was taken up, and amended so as tC
conform fully TO the provisions Of the
Utah Act in respect to the power of the
Territorial Legislature over "all rightfu
subjects Of Legislation consistent with tn
constitution" without excepting African
Slavery, and was ordered to be engrossec
for third reading without a division
and on the next day the bill was passed
Yeas, 81; Nays, 10.
These two bills were sent to the House
Of Representatives, and passed that body
without any alteration in respect TO tn,
power of the Territorial Legislature
over the subject of slavery, and were ap
proved by President Fillmore, Sept. 9
, 1859.
J In 1856, the Democratic Party, assem-
: bled in National Convention at Cincin
natl, declared by a unanimous vote of th'
G delegates from every State in the Union
= that:
= "The American Democracy recognizes and adopt
r the urincple cortanl in the organic laws establish
c ing the Territories of Kansas aud Nebraska as EN-
n "Savery question: upon which the great nations
0 dea OF ;he people Of this whole country can repOs
In its determined conservatism Of the Union non
hvC vzifh he