ersons to said Territory, nor to impair
the rights arising from said relation," &c. Now, this is very broad.
Suppose a law giving the right of transit to the people of the free
States, or any law for their protection in the Territory, as
inhabitants, is held by the Territorial Judge to "impair the rights
arising from said relation." He holds it unconstitutional. Where is
the remedy? What views are entertained upon some of these points in
some sections of the South we know. If you do not adopt this amendment
it is quite in the power of the Legislature to exclude any person from
the Territory whose presence there may be thought injurious to
slavery. Did the committee intend this?
The question upon the adoption of Mr. FOWLER'S amendment resulted as
follows:
AYES.--Maine, New Hampshire, Vermont, Massachusetts, Rhode
Island, Connecticut, New York, Indiana, Illinois, and
Iowa--10.
NOES.--New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri, and
Ohio--10.
So the amendment was rejected.
Mr. GROESBECK:--I move to amend the substitute offered by Mr.
FRANKLIN, by inserting after the words "nor shall any law be passed,"
the words "by Congress or the Territorial Legislature." I think this
is necessary to make our intention plain. Otherwise it might be said
that the prohibition did not apply to Congress.
Mr. FRANKLIN:--I think the suggestion a very proper one. I will accept
the amendment.
Mr. WILMOT:--I only wish to understand where we are. Have we disposed
of the word "facilitate"?
The PRESIDENT:--That amendment was not adopted.
Mr. WILMOT:--Then I move to insert before the word "_status_," the
word "legal."
Mr. RUFFIN:--That raises again every question we have been discussing.
The word, as used in the substitute, only refers to the status _in
fact_.
Mr. GUTHRIE:--This brings up all our old troubles. Let us reject it.
Mr. RANDOLPH:--I wish to understand this subject, and what will be the
effect of adopting this amendment. I understand that the slave has
what we call a _status_. The substitute of Mr. FRANKLIN is intended
specifically to recognize and protect that _status_ in the Territories
as fully as it is protected and recognized in the States. I think it
has that effect. Adopt the amendment, and the effect is precisely the
opposite. The amendment rescinds the _status_.
Mr. PALMER:--I wish to make an inquiry of the mover.
|