United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
On March 1st, the House took up the Senate's amendment to the Civil
and Diplomatic Appropriation Bill, and referred it to the committee on
Ways and Means. This committee reported, on March 2nd, an amendment to
the Senate's amendment, which provided for the continuance of the
status of military possession and of the Mexican laws in all the
territory acquired from Mexico, until six months after the close of
the next session of Congress. The purpose of this amendment was the
continuance of the Mexican law excluding slavery. The House did not,
however, adopt this proposition, but sent the Appropriation Bill back
to the Senate stripped of the Senate's amendment. The Senate asked a
conference upon the subject, which was granted by the House, but the
Conference committee could come to no agreement.
[Sidenote: Mr. Webster and Mr. Berrien on the status of slavery in the
territory acquired from Mexico.]
The House now passed the proposition of the Ways and Means committee,
slightly modified in form, and sent it to the Senate. Mr. Webster
moved concurrence with the House in this proposition, and said that it
meant no more than the existing status, which would continue if
nothing were done. Mr. Berrien contended, on the contrary, that only
the private law of the ceding country, {352} the law regulating the
relations between individuals, remains in force in the territory
ceded, until changed by the positive acts of the country receiving the
cession; that the public law of the receiving country is extended at
once, by virtue of the occupation, over the cession; and that slavery
was a part of the public law of the United States, since both the
system of taxation and that of representation rested in part upon it.
Mr. Berrien concluded from these postulates of international and
constitutional law that, if Congress did nothing in the premises, the
President would continue to administer, by means of his military
officials, the private law of Mexico, and the public law of the United
States, in the territory acquired from Mexico, and that this would
allow slaveholders to take their slaves into this territory, and hold
them in slavery; but that if Congress, by a positive enactment, should
adopt the Mexican laws, _en bloc_, for this territory, slavery would
be thereby excluded from it. In a word, he demonstrated, or thought he
did, that the proposition of the House of Representatives contained
the principle of the Wilmot proviso. The Senate was so deeply
impressed by Mr. Berrien's argument, and so much opposition to the
proposition of the House was manifested, that Mr. Webster offered to
withdraw his motion, if the Southerners would agree to recede from the
Senate's amendment. The bargain was struck, and the Thirtieth Congress
expired without having done anything for the governmental organization
of California and New Mexico, and without having advanced, in the
slightest measure, toward the solution of the fateful question of
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