The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-10-05

sion of these resolutions the chairman of the
Committee on Territories prepared and re-
ported to the Senate, on the 25th of March,
two bills---one for the admission of California
into the Union of States, and the other for the
organization of the Territories of Utah and
New Mexico, and for the adjustment of the
disputed boundary with the State of Texas,
which were read twice and printed for the use
of the Senate. On the 18th of April select
committee of thirteen was appointed, on
motion of Mr.. Foote, Of Mississippi, of which
Mr.. Clay was made chairman, and to which
were referred all pending propositions relating
to the slavery question. On the Sth of May,
Mr.. Clay, from the select committee of thir-
teen, submitted to the Senate an elaborate re-
port covering all the points in controversy, ac-
companied by a bill, which is usually known
as the "Omnibus Bill" By reference to the
provisions of this bill, as it appears on the
files of the Senate, it will be seen that it is
composed of the two printed bills which had
been reported by the Committee on Territories
on the 25th of March prewtue: and that the
only material change in its provisions involv-
ing an important and essential principle, is
to be found in the tenth section, which pre-
scribes and defines the powers of the Terrific
rial Legislature. In the bill, as reported by
the Committee on Territories, the legislative
power of the Territories extended to call right
full subjects of legislation consistent with the
4 Constitution of the United States," ,cithout er-
cepting african Siauery while the bill, as re-
ported by the committee of thirteen, conferred
the same power on the Territorial Legislature,
ariM the exception of african Slavery. This
portion of the section in its original form read
thus s.e..t..r.i H.ta .aa-ztr fea.- 9Hg 1
".4nd be it further enacted that the legisla-
tive power of the Territory shall extend to all
rightful subjects of legislation consistent with
the Constitution of the United States and the
provisions of this act; but no law shall be
passed interfering with the primary disposition
of the SOIL" -.F
To which the committee of thirteen added
these words: "Nor in respect to african Stare
ry." When the bill came up for action on the
18th of May, Mr.. Davis, of Mississippi, said
81 offer the following amendment. To strike
out, in the sixth line of the tenth section, the
words "in respect to african Slavery" and in
sert the words "with those rights of property
Igrowing out Of the institution Of african Sla-
very as it erists in any of the States Of this
Union" The object of the amendment is to
prevent the Territorial Legislature from legis-
lating against the rights of property growing
out of the institution of slavery. 1t
will leave to the Territorial Legislatures those
Il
sary, not only to the preservation ofproperty
but to the peace of the Territory. It will
leave the right to make such police regula-
tions as are necessary to prevent disorder, and
which will be absolutely necessary with such
property as that to secure its beneficial use to
its owner With this brief explanation Isub.
| nit the amendment" uai ifGs GsgE Egr isaagE
Mr.. Clay. in reply to Mr.. Davis, said: 20
81 am not perfectly sure that l comprehend
the full meaning of the amendment offered by
the Senator from Mississippi If 1 do, 1 think
;. he acc0mplishes nothing by striking out the
clause now in the bill and inserting thai
which he proposes to insert. The clause now
in the bill is, that the Territorial Legislation
shall not extend to any thing respecting Afri
can slavery within the Territory. The effec
of retaining the clause as reported by the Com
mittee will be this: That if in any of the
Territories slavery now exists, it shall not b
|, abolished by the Territorial Legislature; ant
ifin any oftheTerritories slavery does not nov
exist, it cannot be introduced by the Terrific
rial Legislature. The clause itself was intro
duced into the bill by the Committee for tn,
purpose of tying up the hands of the Terri
torial Legislature in respect to legislating a
all, one way or the other, upon the subject o
African Slavery. 1t was intended to leave tn,
Legislation and the law of the respective Ter
f find them. l stated on former occasion that
did not, IN Committee vote for the amendmen
to insert the clause, though it was proposed
to be introduced by majority, of the Com
7 mittee. l attached very little consequence t,
: it at the time, and attach very little to it a
!, present. 1t is perhaps of no particular i'm
portance whatever. Now, sir, if understand
the measure proposed by the Senator from
Mississippi, it aims at the same thing. d.
5 not understand him as proposing that if an.
. one shall carry slaves into the Territory-al
though by the laws of the Territory he canno
take them there-the legislative hands of tn
Territorial government should be so tied as t.
prevent it saying he shall not enjoy the fruit
0 of their labor. If the Senator from Missis
8 sippi means to say that" .''--1'." -
Q 81 do mean to say it," T 5.,. =.
81 Mr.. Clay: - ....
eli "lf the object Of the Senator is to provid
: that slaves may be introduced into the Terri
4 tory contrary to the ler toei, and, being Intro
. duced, nothing shall be done by the 1Legisla
: ture to impair the rights ofthe owners to hol
: the slaves thus brought contrary to the loca
9 laws, 1 certainly cannot rote for it. In doin
n so shall repeat again the expression of opin
:, ion which announced at an early period G
: the session. b.. t.-.,:- :. [l.,-f -
= Ao&0 W0 tuo llu0 ulStluCtly drawn DS
tween those who contended for the right t
# carry slaves into the Territories and hold ther
= in defiance of the local law, and thos
t who contended that such right was sui
t ject to the local law of the Territory. Durin
y the progress of the discussion on the sam
g day Mr. Davis, of Mississippi, saidi on 4',H
o "We are giving, or proposing to give, gov
9 eminent to a Territory, which act rests upo
d the basis of our right to make such provision
b We suppose We have right to confer powe,
q If SO, we may mark out the limit to whic
Q they may legislate, and are bound not to coz
J, fer power beyond that which exists in Cor
o gress. If we give them power to legislat
beyond that we commit fraud or usurpatiol
r as it may be done openly, covertly, or ind
Q lrectly."auiio1s9 G}ne2 20 1Ftt - sou
n Towhich Mr.. Clay replied S
: SHOW, Sir, only repeat what have had oe
9 casion to say before, that while am willin
9 to stand aside and make no legislative enact
q ment one way or the .other-to lay off tn
!, Territories without the Wilmot Proviso, o.
3 the one hand, with which l understand "
are threatened, or without an attempt to in
. troduce clause for the Introduction of slave
/. Iry into the Territories. While am for re
Il jectipg both the one and the other, am con