Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-22

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Lot gentlemen look at the proceedings Of the south
en States the adoption Of the Constitution They had IN
sisted majority of twothirds in the regulation OF com
merce which they had lost however, in the manner ne had
shown during the last session Of Congress They had 80 a
succeeded require atwohids override the mega
tive Of the President the necessity Of hree-fourths OF the
States for amending the Constitution and Of wo-thds OF he
States represented in the Senate for the ratification OF
treaties Mr. had barely alluded to the question OF inc
navigation OF the Mississippi in the old Congress- ne hoPed
his worthy friends who represented that region OF the Union
would look back the transactions at the time ne feeeo w.
Mr. r. alluded to them a warning Under ne od Con
grcss nine States necessary TO the annca
ton of treaty. On the arrival Of Spanish Minister mr. Jay
authorized with him, but was expressly required 70
spuae for the right Of the navigation OF the mississippi ana
for the integrity of western boundary these nstIuc
tons were given by the votes Of nine States subsequently
plan proposed for cedng the Navigation OF he river or
years. and bare majority Iesclnded the previous
Instructions But then arose the question wne'ner simple
majority could rescind vote which had required majority
Of to adopt Let gentlemen look at the battles, the
bloody battles which ensued in the old Congress- when the
epen Northern States voted in solid phaax, and with the
undivided force of their entire delegations against the five
Southern States On that memorable occasion the South had
been overwhelmed by majority riding over the provi
sons of the Constitution.
In consequence Of this Mr. Jay made treaty with the
Spanish Minister in which right to the navigation Of the
Mississippi yielded for twenty-five years The South and
West protested against from year year. until at last under
the lead auspices Of Mr. Madison they had umphed
umphed only under that conservative clause in the ar
for the ratification of treaty Mr. r. held this piece of
history as warning to the South They the weaker
party They should be the very last to give up the
tive features of the Constitution. If they so blind
to recognise the dispensing power of majority, the
time might when the peculiar interests Of the South in
vovng their rights of property their domestic peace the
curly of their resdes, would be placed at the mercy Of such
majority Let the present be consummaed, and
the principle it involved be sanctioned and Southern gentle
might expect see by way of rcprisa majority
in both Houses undertaking TO abolish slavery the District
Columbia and the next thing would be- under the clause
regulate commerce, prohibiting the removal and
transfer of slaves from State to State but than ALL and
ALL he would ask Southern gentlemen how they would
then stand in regard to that great fundamental act which
suted the sole security of the South their retention of
their slave property He referred to the act Of 1888 He
would invite especially the attention of his worthy and respect
ed friend in his eye, from South Carolina, M HuGER) to
this subject II the act for the delivery Of fugitive slaves
and gentlemen remember that it had been soemny de-
cded by the Supreme Court in the great of rgg
Commonwealth of Pennsylvania, to which he had already re-
eed that the power Of enforcing such delivery ercs
smelly in the hands Of Congress The individual States had
power pass such law, and, they did, would be-
under that decson null and void Now, gentlemen sane
toned the right Of majority to consummate such act
proposed involving Important another
majority might take their ready revenge in repeating the act of
1885, which would in practice amount to virtual procama
ton of universal emancipation. There would be security
whatever for slave property II would be like telling every
slave the country that there liberty for the captve and
if he could but get beyond the limits he saveholdng States
he that moment Free Ought not every Southern to
pause before he sanctioned principle like this Leading
tully, if necessarily such consequences He would
ask his honorable and hghmnded friend for whom man
could cherish respect and regard than he did that we
gave sanction example like that proposed do
ourselves 'seach bloody instructions, which, when
taught, to plague the inventor y
I" Thus even-handed Justice
Commends the ingredients OF the poisoned chalice
To our own lips. !"
Nor this all had been declared, and that under the
sanction Of very distinguished names, be constitutional
doctrine that in time of the rights of property sub
mtted to the absolute discretion of the power Inter
silent gs" Suppose them the nation to be in
state of actual Congress growing tired of the contest
the resources of the country exhausted and majority in
both Houses prepared to terminate the struggle What could
they do (Mr r. had in of the leading papers of
his State the doctrine unequvocay advanced by favo
rite writer that the power which declared could terminate
war and make peace, in the very teeth of the Constitution
Again he asked whittier were tending Suppose
majority IN both Houses to be tired Of the and resolved
returning at all hazards to state of peace the Minister
of the hostile Power demanded the abolition of slavery the
price of them according to the precedent to be
set and the doctrines preached by the friends of
alton, at all hazards majority of Congress might make
treaty of peace, in which proclamation of freedom would
form the leading article He admitted that these things
monsrous in idea, but he conended that they
but the legitimate offspring Of the claim set up make
treaty with foreign Power by bare majority of Congress
II would be fair corrollary from such premises
Mr. r. said he had with dependency, with depes
sion Of spirit which he had words express the most dis
conceived Droacned
speeding fundamental provisions Of the Constitution His
honorable friend from Pennsylvania (Mr BucHASAS) said
that he friend of the Constitution. Mr.. r. would be
the last to doubt it, but, unfortunately, like highly dsn
gushed character with whom he knew would be the pride
Of the honorable Senator have his associated he fear
ed he friend to the Constitution he understood IT,
A augh Mr. r. sorry, knowing as he did the gentle
mans fidelity the constitutional compromises in favor of the
rights Of the South that he should give the great weight of
his personal authority the dangerous doctrines of which he
had spoken These doctrines had unhnged the public mind
The very axoms and posuaes with which system of
stuona checks started dcnedevey thing thrown
completely at under this sudden Juror for the acquisition of
foreign territory in utter disregard of the limits of the Con-
stitution.
Mr. r. said that he did in his conscience believe that the
issue OF the experiment here first made of written balanced
limited Constitution, depended the which should be
given on the present resolutions.
He wished he could invoke the aid Of powerful friend
feeling he did in this great crisis of history II he
knew such he would call upon him stand between
the dead and the living and stay this plague !"
this political "pesence, which wakeh in darkness /" this
widespreadng destruction, which wasteh at MONDAY.
Was there not Senator within these walls worthy Of such
mission, and with party and political influence adequate to
fulfil it and to the country from threatening and po
tentous evil ,
But he told that could get twothrds of the
States represented in this body TO the admission of
Texas Gentlemen said that there chance Of ever e
fecing the by treaty and, therefore, we desired
the annexation, be done in the form of resolution
be passed by hare majority Of the two Houses Mr. r. did
not believe this the hut it it could fur
nsh justification for open and papabe niacon Of the
Constitution IL such the alternative, he for could
yield to such appeal. U
But was il true Had Louisiana been acquired by the
treaty-makng power Had she not come in by reclamation
IL