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

L y
the change of which had occurred since
the bill first reported would not be aer to allow them
to vote separately ON the two portions Of the bill
And now single word on the two subjects embraced py
the amendment of the honorable Senator from Maine, (Mr
EyANs) Mr.. c. could agree with the honorable Senator
from Ohio (Mr ALLEN that the only business OF the Senate
with the Constitution of Florida whether proyd-
ed republican form of Government He thought mat Con-
gress had right to look into amy part OF the Constitution
chose The Constitution of the United States did not say
that States must be admitted said that they might be
admitted Congress might admit the State refuse It,
and when delibeang which to do might look with much
particularly it pleased into the Constitution proposed for
the State beyond that Constitution. Mr. q,
could nowhere find that lie required to that the Gov
should be republican, He could not find that he was
authorized that she had Constitution at ALL He
bound guaranty all the States actually in the Conede
racy republican form of Government. II not constitu
onaly the contrary it untrue and unsound, to
assert that the Constitution OF State republican
on Its face, Congress bound to admit her. Suppose
State republican in its form of Government disposed to
Jeremy Benthamze she might still remain republican, and
yet nuy every law Of Congress certain class of sub
ects Would Congress be obliged admit her 1t not
enough that her Constitution should be republican, II must
be federal republican and Mr. c. therefore repuated utterly
the doctrine advanced by the Senators from Ohio and Maine
Mr. c. did not intend to argue that both OF these
provisions in the Florida Constitution against the Cons
tuition Of the United States 1t well known that that
subject Massachusetts, had had unpleasant controversy with
two of her sisters but that controversy not before this
body in this Chamber it jdce. f sbopld
chuses demanded was that the point controversy should be
udcay determined by the highest tribunal The Supreme
Court sitting; in that elevated Court nothing was
known Of this that Judges particular residence
to be wholly free from all sectional bias and in its
decision, whatever thai DECISION might be- the State Of Masa
chusetts, and every wsiRaA 2a child in it would
quesce and be satisfied IT. by habsas corpus or ky writ Of
error any other mode this question, which was disturb
ing the amcabe intercourse of three States Of this Unien
could be brought judicial decision, twas all Massachusetts
ASKED Here and the present bill in regard to the
stuteay Of such provisions great deal ought to be said
or nothing,
Mr.. G. regretted THAI tie honorable Senator from Msss
sppi Nr. WALKER) bad thrown himself upon the decision
Of the Supreme Court, reported in ae volume a Peters
and particularly that he should have said that the question Of
the cosutonay Of such laws had been objected had
thereby been adjudcated It such hingthe ques
ton had been decided any thing like it, by the Su
preme Court The alluded to by the Senator very
different it had reference to law which declared that if
the captain 81 vessel coming from abroad brought alien pas
engers into the country, and should omit within specified
time to file with the proper authorities list of all such pas
sengers, he should be subject to pnnHelf That law was
decided to be constitutional but from that decision Of
ory of the BENCH such authorities Joseph Story and John
Marshall had dissened.
mr. WALKER here said that the opinion had been concur
red in by three Judges Baldwin, Thompson and Barbour
aqd there had been dissent but that of Judge Story
Mr., GHOATE resumed, and after further explaining the
nature Of ts decided and insisting that it very
different from those referred to- went to observe
that this was matter in which all the aaies wee e. liberty
invited every State in the Union raise and gate the ques
ton before the Supreme Court.
Mr.. EVANS moved his amendment providing for the
striking sY of the clauses in the Florida Constitution
Mr.. CHGATE resumed. He considered these clauses as
unconstitutional dian any which he had the Con-
situon of any Southern State. Fhe unconstitutional egis
laion in Florida all sanctioned by this "a. G.
quoted the provision Mr.. c. observed that Congress had
passed laws regulating commerce. and had provided under
what circumstances the of vessel might be discharged
They had adopted and corrected the admiralty law of England
declared that seamen be turned ashore
the original voyage qtapdoned II great right
pertaining to the master of ship turn his Grey ashore and
pay them off But suppose portion the sailors we're color
ed and the ship was in OF the ports OF Forahee was
law of Florida which came In direct collision with law of
the United States. Florida forbade the master turn his
black sailors ashore any where within her territory He could
have hoped that the amendment offered by the honorable Sc
pa from Maine would have been adopted, and that the Sc
would pQ ha called upon to sanction such organic law
had been laid before IL the Constitution of Florida
Let her Constitution be republican, and apparently federal
then let her such laws she pleased r4 et h with
Massachusetts, TO the Supreme Court aud have their validity
tested but let the Senate do any affirming such law
As to the second provision which forbade naturalization,
Mr. c. had nothing TO say in addition to what had been al
ready well said by the honorable Senator from Maine he pre-
sumed tina, sentiments all must If the prophe
sled euhanasa OF slavery shoud be realized while the
coloed passing off 10 sou4p regions congo
NAL to their nature, and the other States gradually be-
coming freed from the BURDEN Florida alone by this provision
would stand manacIed and fast bound to the system She
wap have planted her standard the beach, while the tide
would pas ny and leave them there alone in their glory He
heartily united WITH .e Senator from Maine in his proposed
amendment.
Mr. ARCHER said that he thought 1t would have bee,
much better these clauses in the Constitution Of Florida had
been omitted but let him tell the Senator'S both from MAne
a.d massachusetts, that this which belonged
the law OF sspreserv9ion-th primeval and epevabe
law, which of itself oyeode ill law and all Constitution If
there hundred clauses in the Constitution absolutely
and explicitly prohibiting the passage of such law that
which prohibited the entrance of free coored seamen the
Southern States might nevertheless feel themselves absolute
obliged to pass such law. Mr.. A. wished to obvate,
far possible, all difference OF opinion in that Chamber
invaded their homes and threatened them with all the horrors
OF serve they might feel themselves obliged to resort
such prohbory regulations that referred by the Senator
from Maine But what the practical of all such discus
sions Why did the Senator from Maine here and
lending himself to the designs Of band of fanatics throw
the Senate such reband of dscord They Of the South
did farthng what the Constitution allowed or
disaowed When such Senators those from Massachu-
sets Maine into that Chamber with rebrands in
their hands, the South would take precautions against the
sequences she would against the plague This of
those where there must be mutual fobeaance Gentle
met that floor from opposite points Of the Unon and
from the midst Of opposite opinions and institutions what
good purpose could possibly be answered by stirring up dsse
sions which there tribunal to settle and no
nppcasing II the honorable Senator from Massachusetts
would act this occasion from his free will and his own
enlarged views he would take nor urge the ground
which he had now DONE He under the dominion of
influence to which be and other Eastern gentlemen might
eve themselves bound yield, but whose only operation
could be to create the possible blood between opposite
sections OF this Union II Massachusetts chose send into
Richmond and Norfolk and Charleston spoads Of free color
ed Sailors with the purpose that they should themselves
with Southern slaves and there stir up the latent enbers Of
instruction all forms because they hammered