Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-12-05

the white and the black man. both 10 re-
spect 10 political aud civil privileges,
though both be citizens oil another state
70 give to the one, for instance, the rlgnt
OF voting and Of serving CD juries, when
it refuses TO the other. How far this
discrimination may be carried, IS obvi'
ousy matter of nice and difficult enql''-
ry. The committee do not propose 70
engage 10 it. They believe II best, when
ever case occurs which must necessarily
involve the decision Of it, that IL should
be RENTED to Judicial cognizance.
In this view, (Which narrows their en-
.quiries and dutiesl the committee are con-
iirmed, by consideration of the embar-
easements and disasters which a different
course Of proceeding might sometimes pro-
dace. When people are authorized to
form state, and do SO, the francis oil their
territorial condition fall oil. They have
performed the act which makes them
sovereign and Independent. II they pass
an unconstitutional law, aud we leave it, as
We should that Of another state, TO The de-
cision of judicial tribunal, the illegal aci
is disested of its force by the operation oil
a system with which we are familiar.
The control Of the general government is
exercised in each particular case, IN sup
port of individual right, and the state re-
,ains the condition which il has Just ac-
quired, and would not easily renounce.
But decision by Congress against the
constitutionality of a law passed by state
of which II had authorized the establish.
ment, could not operate directly by va
eating the law +; nor is ii believed that il
could reduce the state TO the dependence
OF a territory. In these circumstances,
TO refuse admission into the Union 10 such
a state, is to refuse TO extend over it that
judicial authority which might vacate the
obnoxious law, and to expose all the in
teresis Of the government within the ter
ritoFy Of that state, 10 legislature and
Judiciary, the only checks on which have
heen abandoned. On the other hand, il
congress shall determine neither TO ex-
pound clauses which are obscure, nor to
decide constitutional questions which mast
be difficult and perptexing, equally inter.
estiag TO old states, whom our construc
lion could not, as to the new, whom il
ough, not to coerce, the rights and duties
of Missouri will tbe sef: &c the determine
ton OF the same temperate and impartial
tribunal which has decided the conflict
ing claims. and received the confidence,
of the other states.
The committee recommend the adop.
ton of the following resolution:
This report having been read by the
clerk, the resolution therein referred to
was read, as follows:
Whereas, in pursuance OF an act OF
Congress, passed on the sixth day Of
March. 1920, entitled "An act to au-
,horise the people Of the Missouri terrific.
tory 10 form constitution aud state gov.
ernment, aud for the admission of such
State into the Union on an equal footing
with the original States, and to prohibit
slavery 10 certain territories" the people
Of the said territory did, on the 10th day
Of July, in the year 1920, by conven
ton called for that purpose, form for
themselves constitution aud state gov
eminent, which constitution and state gov
ernment. so formed, is republican, and in
conformity TO the provisions OF the said
act
Be it therefore resolved by The Senate
and House Of Representatives Of the u
nited States Of America, in Congress as
sembled, That the State Of Missouri shall
be, and is hereby, declared to be one Of
the United States Of America, and is adj
mitted into the Union on an equal footing
with the original States, in all respects
whatever.
The resolution was then read second
time.
Mr.. Lowndes movedNto refer the reso.
luton to committee of the whole, Oh the
state Of the Union, which put it in the
power Of the House to act upon it at any
time it thought proper. He need DOT say
that there vas no disposition to act upon
this subject without full notice to all par
ties concerned; aud, il no other person
did, he should himself, when proposing to
call for the consideration Of the report,
give day or two notice OF bis intention
TO do so. Whilst up, he took occasion to
say that this report, as indeed ali reports
If committees, must be considered as the
act Of majority Of The committee and
not as expressing the sentiment Of every
individual Of the committee.
On motion Of Mr.. Butler, of N. I'll. IL
was
Resoived That the Secretary of War
be directed to report TO this House, the
regulations which he has adopted, in the
amendment Of the act Of Congress OF May
I, 1920, entitled :" Al act 10 addition to
an act TO provide for certain persons en-
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