New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-19
XXXVITH CONGRESS.
FIRST SESSION.
SENATE. .WAsHrsaros. Nav Is, 1860.


Mr., GREEN Dem, Mo- offered a resolution, that
and after Monday next the Senate meet at Ii clock
Laid over.
Mr.. MASON Dem, Val, from the Committee on
Foreign Relations reported bill carrying into effect
the treaties with China, Japan, Siam, Persia, &c.
Ordered to be printed
The message from the President relative to the Noun
tan.Meadow massacre taken up and ordered to be
printed.
Reports of private nature were received
Mr.. HEMPHILL Dem, Texas introduced bin to
provide for the examination and payment of claims OF
citizens Of Texas for spoations by Indians Referred.
The bill to authorize the payment of certain contracts
made by the Government agents was taken up and
postponed.
The hill for the relief of Arson Dart taken up.
Mr. LANE Dem. Oregon opposed 1t.
Without any action the special order, Mr. Daviss
Dem. Miss resolutions were taken up.
Mr.. MASON Dem, Val addressed the Senate. He
said the resolutions invovedthe deepest interests of the
reople of his State In reply 10 charge that they
were distractions, he said had become settled prac-
ce to discuss in this form the great constitutional ques-
tons they arose. Those under consideration affected
the stability Of the Union itself. lie differed totally
from the views expressed by the Senator from Illinois
The Territories are the common property Of all the
States. The question as 10 their relation to the
States was a practical one, and applicable to the
business now on the table, All the powers OF the
people of the Territories are necessarily embraced
in the organic act establishing them. Mr.. Mason
then went into lengthy history of the policy
pursued by the Government toward the Terri
tories and narrated the legislation taken in regard
10 them in 1850 and 1854, and conended that the Kan
sas and Nebraska act did not embody the doctrine OF
Non-interventon as explained by Mr.. Douglas. The
intervention which the acts of 1850 and 1894 were ill.,
tended to preclude was that of the prohibition OF Sav-
erv by Congress III the Territories 1t never was in
tended that Congress should be absoved from its
stutona duty as regarded the protection of property
wherever it had control The legislation in regard to
domestic matter in the Territories was transferred from
Congress the Territorial Legislature, but, OF course,
had x.t la no
bargain made in 1854 was that the Courts should de-
eide the extent of the restrictions imposed by the Con-
suton The bred Scott did decide that Congress
could not intervene TO prohibit Slavery i'll Territory
In reuly to the statement that that question did not
come before the Court udicially he said that that
objection was urged before the Court, but the Chef
Justice decided differently, and set the objection ASIDE
The engagement obligatory on all 10 respect the
decision Of the Court and the South claimed its fulfill
ment He pronounced the doctrine of Popular Sover-
eighty in the Territories soecism Sovereignty re-
sided in the people of the separate States and nowhere
else There is no sovereignty III the Federal Govern
peut and consequently it could not transmit that atrl-
butte 10 the Territories. The latter derived all their
power from the Organic act passed by Congress The
Court had decided that Congress could not prohibit
Slavery in the Territories, consequently the Territorial
Legislature could not exercise this power. Ii the Ter
riitt6ry. as in the State of Kansas, did PROHIBIT
slavery. then it was the duty Of Congress to inter-
vene. He quoted precedents to show that this
power had been repeatedly exercised ana as late
as 1870, TWO years ditSr me passage OF ine
Nebraska bill. He did not desire to force
Slavery upon reluctant people, but he did want
20 make them respect the rights of others and the Con-
sttution of the country No purpose existed to estab
lish Slavery. The Constitution did not establish it,
but simply recognized ii existing condition. That
was all the South asked Even in the States no statute
could be found establishing creating Slavery. They
only recognized its existence and provided for its
regulation. Mr. Mason dwet this point at length
Mr.. TOOMBS got the floor, but postponed till Mon
day. ,,,
The Senate went into Executive session. Adjourned