Mr. FRELINGHUYSEN:—I move to amend Mr. Franklin's substitute as follows:[3] I think these words would be more acceptable to the people of the Northern States.
Mr. PALMER:—Does not the gentleman's amendment involve an Hibernicism? I think if we are to adopt the report of the committee, the Franklin amendment admits of no improvement. It had better stand as it is. If we undertake to change it we shall all get to sea.
Mr. FRELINGHUYSEN:—I withdraw my proposition.
Mr. JAMES:—It was moved yesterday to insert the words, "or facilitate" after the words "hinder or prevent," in that part of Mr. Franklin's amendment which negatives the right to pass laws. What was done with that?
Mr. FOWLER:—Nothing. I moved it, and I insist upon the motion.
Mr. GUTHRIE:—I submit to the Conference whether this amendment is necessary or proper. Suppose some new question arises relating to slavery which it may be greatly for the interest of the Territory to protect. Suppose mines are discovered, and the Territory should want slaves to work them. Shall we put it into the Constitution that no law shall be passed to encourage their emigration?
Mr. BRONSON:—I see no need of it.
Mr. JAMES:—The point generally comes out. Now you say that you will have the right to go into the Territory with your slaves, and no law shall be passed to prevent you, no matter how much such a law would promote the material interests of the Territory. The converse of this you will not agree to. You are not content to let slavery stand by itself, you must have it nursed by the Territorial Legislatures. Does slavery always require such partiality? I say the power of the Legislature should be exercised on both sides, or it should not be exercised at all. I am trying to perfect the article. If it is to pass, and go to the people as a measure of pacification, and if you expect them to adopt it, you must not have it so one-sided and unfair. The people will understand it—it will be our duty to explain it to them, and to give them its history.
Mr. GUTHRIE:—But your amendment would prohibit the passage of a law permitting the transit of a slaveholder through the Territory with his property. Remember, also, that the prohibition only continues so long as the territorial condition exists.
Mr. SMITH:—Before this vote is taken, I wish to call attention to the character of the prohibition. "Nor shall any law be passed to hinder or prevent the taking of such persons 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?