The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-06-01

desired an exception as to slavery, to the
effect that they might protect it, but should
not adopt unffiendIy legislation to it, TAX
ing slavery out of the category of other
property.
Mr.. Clay, among other things, said, 10
reply to the Senator from Mississippi, what
will now be read.
Mr.. Pugh read as follows:
Mr.. Clay. The clause itself
was introduced into the bill by the committee
dOr the purpose of tying up the hands of the
ieliIoriai Legislature in respect to legislating
az an, one way or the other, upon the subject
OF african slavery. 1t was intended to leave
Territories in the condition in which the act
will find them. | stated on former occasion
that did not, in committee, vote for the
amendment to insert the clause though it was
proposed to be introduced by majority of the
committee attached very little consequence
to 1t at the time, and attach very little to it at
present. 1t is perhaps of no particular impor-
lance whatever. Now. sir, if l understand the
measure proposed by the Senator from Missis-
slppi, 1t aims at the same thing. l do not I'm.
derstand him as proposing that if any one shall
carry slaves into the Territory-although by
there-the legislative hands of the territorial
government should be SO tied as to prevent it
saying he shall not enjoy the fruits of their
labor. If the Senator from Mississippi means
to say that
Mr.. Davis. do mean to say it.
Mr.. Clay. If the object of the Senator is to
provide that slaves may be introduced into the
Territory contrary to the lea loci, and being in
troduced, nothing shall be done by the Lepis.
lature to impair the rights of owners to hold
the slaves thus brought contrary to the local
laws, certainly cannot cote for 1t. In doing so,
l shall repeat again the expression of opinion
which announced at an early period of the
session.
Mr.. Douglas. There it will be found that
distinct issue Was made up between Mr..
Clay and the Senator from Mississippi.
The Senator from Mississippi insisted that
the legislation of Congress should be so
framed as to recognize the right of the slave
holder to go into the Territory and hold his
property in defiance of the local law. Mr..
Clay said that be would never agree to the
recognition of the doctrine that you could
carry slaves to a Territory and hold them
against the lea loci, in defiance of the local
law. On this distinct issue it was that the
Senator from Mississippi and the illustrious
kentuckian differed. Mr.. Clay was against
the Wilmot prOvisO; but be was against
repeating by Congress the Mexican laws
that were adverse to slavery. He was
against the recognition by Congress of the
alleged rights to carry slaves there, and hold
them in violation of the local law. He was
against any act that would prevent the
people OF the Territories from deciding for
themselves whether they would have slavery
or not. In other words MIR. Clay supported
aud sustained every vote which the Senator
from Mississippi brings in judgement against
me, except one; and that one was given
under instructions, as the Senator of Missis.
sippi is we'll aware.
This debate shows clearly that the com,
promise measures of 1850 were intended to
asserted the principle of non.ntervention by
Congress with slavery in the Territories,
leaving the people to do as they pleased, so
that they did not violate the Constitution,
and leaving the courts to ascertain whether
they did violate it or pot.
Mr.. PUGH here read further extracts from
the speeches of CLAY and DAVIS, in 1850, show
ing the former rejected both the Wimot pro.
viso and slave,code doctrine, and favored non
Mr.. Douglas-These extracts confirm the
statement that the issue was precisely as |
have stated it, and that the Senator from
Mississippi then took the ground that he
now maintains but that Mr.. Clay, the
champion of the compromise measures of
1850, took the opposite ground. Mr.. Clay,
in that very speech, answered the objection
about there being two constructions of this
doctrine of non-interventiOn. He was for
non-intervention by Congress; no restric,
ton upon the Territorial Legislature and
then leaving it to the courts to decide
whether the territorial enactments were con.
stitutional or not. This was the position
of Mr.. Clay; that was the position of the
champion of those measures.
The Senator from Mississippi asserted
bis right to go with his property, in viola
tion of the local law, and said he was going
to act upon the doctrine of the sergeant at
Lexington, who said be had right to 90
to Concord, and was going. The Senator
from Mississippi modified his amendment so
as to make the language more palatable
but not to change the principle, to wit
that the Territorial Leg 'slature might legs.
late to protect slavery but not legisIate
in hostility to it. In that shape his amend>
ment was rejected. Then Mr.. Chase, of
Ohio, offered the counterpart, to restrict the
power, so that the Territorial Legislature
might prohibit slavery, but not protect or
tolerate it. That was rejected by precisely
the same number of votes as the proposition
of the Senator from Mississippi. By these
votes, it showed that the object of the bill
was to leave the Territorial Legislature to
do as it pleased, subject to the Constitution,
with the conrts to ascertain when it violated
it; but not to put any restriction on the
Territorial Legislature, except that which
the Constitution imposed.
[Mr. PUGH here read at the request of
the speaker, extracts from the speeches of
General CAss and Mr.. DOUGLAS, in 1850, advo-
eating that the restriction in the bill, reported
by the committee of thirteen, prohibiting the
tie rritorial legislature from legislating on the
subject of slavery, should be stricken out; end
also opposing the amendment offered by Mr..
CHASE, which declared that the legislature of a
territory had power to prohibit, but not estab-
fish. slavery, and that offered by Mr.. DAVIS
limiting the powers of a territorial legislature
to the protection of slavery.l
Mr.. Douglas-As l have already said,
the vote was taken on these two amend>
ments-one offered by the Senator from