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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"

This rule has, however, in discussion here, only been applied
to the property of slaveholders; as though slaves were the only property
under the laws of Mexico prohibited from entering California. It is to
be remembered that the late Secretary of the Treasury, in a report to
Congress, stated that the Mexican law prohibited the entrance of some
sixty articles of commerce; this was prohibition by law of Congress, and
slavery has never been so prohibited. It never has been prohibited by
the Mexican Congress in California; and the only prohibition ever issued
was that contained in the edict of a usurper, under the specious pretext
that it was necessary, in order to oppose the invasion of the country by
Spain. This decree was recognized by a subsequent Congress, so far as to
pass a law authorizing payment for slaves so liberated. It was the
emancipation of all the slaves in Mexico; an act, if you please, of
abolition, not of prohibition; not, whatever construction may be placed
upon it, done in the forms of law and requirements of their
Constitution. But we have not proposed to inquire into the legality of
the abolition, neither has any Southern man asked that that decree
should be repealed, or that those liberated under its provisions should
be returned to slavery. We only claim that there shall be an equality of
immunities and privileges among citizens of all parts of the United
States; that Mexican law shall not be applied so as to create inequality
between citizens, by preventing the immigration of any.


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