Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-22


the judge and the entire opinion, able and decided as
did but adopt and ream luminous and conclusive argu-
ment delivered by distinguished Senator who had since been
the highest officer of the Government Understood to DC
Mr. Felix Grundy In which he demonstrated that the right
pass such laws of the police rights OF the State,
and essential preservation Mr. W. inquired what
the law of the State of Ohio on this subject and whether
did not require every free cooed person entering that State
from quarter 10 give bonds Tor good behavior before he
Il could be admitted 70 a domicil
mr. ALLEN said that the laws of Ohio were even stronger
ON this subject than the laws of the Southern States
i So Mr. W. had supposed The law alluded by the Sc
naor involved the principle the Objectionable clause
the Florida Constitution for State could require bond and
security oma free oored before he permitted to reside
within her bounds she might he failed give such
y violated it when given, exclude him from her limits
Who believed thai the State OF Ohio would require bond and
security from Of the honorable Senators of that body
from ee white citizen, before she allowed him settle in
the State but she did require from free coored persons;
and in doing she did than had been done by
than Of the free States of the Union And beyond
oversy the evil found to increase many States
would be obliged to resort to the Of security 1t
the undoubed right Of State pass such law, and if
the State Legislature could pass the law then the people of
the State had right to insert clause in their Constitution
recognising and securing that power to the Legislature
Mr.. ALLEN said that when State applied to Congress
for admission into the Union, there but question
which could egimaey be submitted to the Senate and that
whether the applying State submitted in the Constu
ton she laid before the Senate, republican form of govern
ment This the sole question. The Senate might not
inquire whether the proposed Constitution contained
visions which in conflict with the Constitution OF the
United States because the the State entered the Con-
federacy much of the Constitution inconsistent with
the Constitution of the United States fell as of course and be-
nuly. II utterly void and could do no harm.
The Constitution the supreme law Of the land and would
override that and all other State Constitutions All the inter
nal and social arrangements of State Constitution
tiers for the State alone, and Congress had nothing do with
Congress passed beyond the question whether the
proposed Government of the State republican not
Details and undertook reject the State because her Const
tuition contained this that provision which members Of
the Senate disapproved of where it stop In that
case was the Congress that became the makers of State
Constitution, and not the people of the State whose Constu
ton it For illustration Surprising the Constitution
adopted by the people of of Territories contained pro-
bon upon the Legislature against enacng any bank char
ter and suppose Gas doubt would be the CASEY that
Senators this onr should consider this very Objectionable
feature; would they, because they thought ought
have banks and the people of the State thought they ought
have banks reject the State and keep her of the Union
On the argument of the Senator from Maine Mr EyASs
1T was this Senate who to make Constitution for the
people Of Florida and the people Of Florida for themselves
IL was the Senate who sovereign manner declare
what should and what should be State Constitution
his he held utterly with the spirit and genius
our system of government If the Senate might lay its finger
on one provision in the Constitution and reject it.
republican, but other ground then might lay
finger all the provisions which the Constitution contained
and which did not suit the views of the Senate Congress
any thing but questions of boundary and the question whether
the Constitution republican Here its power of judgment
began and ended If the Constitution was right on these
points, Congress was Lound to admit the State Whether any
part OF her Constitution inconsistent with the Constitution
OF the United States, question for the Supreme Court
That the tribunal expressly provided pass on these ques
tons To that tribunal he for leaving them.
Mr. A. would not into the details of the debate every
felt the of time for extended debate and the i'm
possibility and impopnety OF attempting at this late hour
enter upon the dark and dangerous question of slavery He
hoped nothing would induce gentlemen upon
tended discussion on that question. -
Mr. BERRIEN said that in the relation which he bore
this question, his duty say that the provisions
which the Senator from Maine had remarked had escaped
the Judiciary Committee and, referring the resolutions of
the State of Man which declared that laws of the character
which had been adverted calculated enanger the
Union he felt it his duty, member of the Judiciary Com
mtee member of the Senate and a citizen of slave
holding State to say that the question of the right of the
sovereign people Of Of the States protect themselves by
laws OF that character question much calculated
to sndanger the Union than those laws could he If
true that State could in future be admitted this Con
edecy which asserted those rights that necessary her
preservation, and submitted that assertion Congress when
applying for admsonf that the understanding Of the
Senate, the known the better He denied that
under the Constitution, which the supreme law of the
land Congress had any to pass laws excluding persons
from admission who infected with physical pestience,
and yet such power did unquestonaby exist rested
the natural right Of every community protect its exist
nce and the right had been respected both by Congress and
The courts Of the country in the Of the quarantine laws
And could be that gentlemen denied State the right
pass laws essential 10 the exclusion of pesence far more
1angerousof moral pestence whose effects and
luences might stain the domestic hearhs of the South with
the blood of women and children Il vain to expect
whether there time for discussion not that he,
citizen Of Georgia should sit and silently hear the doctrine adj
Vocated that the people Of that State might guard them
selves from conspiracy and by every power which
God had given them, and which State could lawfully be
deprived Of So clear his conviction Of the perfect eons
utionaiiy Of the laws which the Senator from Maine had
objected that he should rejoice the question put
any form by which il might be brought before the Supreme
Court OF the United States He had the slightest doubt
Of the right of State thus TO protect itself by excluding from
Its territories persons whose considered dangerous
its safety and he doubted the Court would recognise
it in its application to people of color He should rejoice to
have the question quoted but whenever raised he
should protest against whatever in conflict with right
so plain.
Mr.. EVANS had desire at this time to proong this dis
cussion his engagements other indispensable business did
not allow it. far he concerned. He had briefly
stated the objection which he had the Constitution Of Flo
da before the Senate The Senator from Ohio (Mr
ALLEy need not be alarmed Mr. E. had purpose limit
the power Of the Legislature of Florida pass whatever laws
they pleased after its admission State, provided they
not repugnan to the Constitution Of the United States but
be did not Ike perpetual inhibition in her very Consti
tuition against emancpatng single slave TO the end Of
time. He would wish withhold from her the power Of
se!preservaon but he complained Of the laws which
powered her magistrates arrest imprson and to SELL he
believed Che knew in Of the slave States sell
for Jail fees free colored and citizen Of his own State
of that kind had well nigh occurred citizen Of
Maine had been seized in Norfolk he believed without crime
the suspicion of crime and actually advertised for sale
and the Governor and Council Of Name being apped Of
it without legal authority, agent pay his prison fees
and TO relieve him from unjust and illegal bondage These
are complaints you free citizens poor defence
less unprotected, and you sell them into slavery We feel