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

artillery against Iowa In that State the Constitution forbade
any colored person to be voter o a citizen
Mr. EVANS expressed his hope that this debate might now
ne suffered to He had indeed strong desire to say
lew words to the Senator from Georgia Who while exhibit
ns zeal somewhat extraordinary in this matter had not
eaea the question with his usual discrimination But he
ue oroear with the sole remark that that Senator seemed
70 insist ON the right because Southern States might ehtfy
arrest ana punish emssaries of mischief coming among Them
Wasa " we same manner every person whom they chose
'ank had come with such purpose in his heart
Mf, hERklEN said the Senator greatly msrepresented
h what ne had said that the savehong States had
sn. no, only TO punish offences of this kind when actually
coea but TO put forth Pepsatee power for their own
preservation. s. - ~ ~
| Mr. EVANS Yes. by Selling and imprisonng innocen,
persons who had such intentions The Senator had in
States. ~ '''1e"' u 'He nee
| Mr.. BERRlEN. deny that they are
Mr. EVANS The Senator said 50 now and no placed his
denial on two grounds s that they not sit upon jue
But there Were great many white persons the North
could not SIT upon Jres, and yet who citizens phys
clans, for example
Mr. SEWER Yes. but in such case the exemption is al
lowed privilege, but colored persons were disabled
Mr. EVANS TheSenators second ground that they
could not marry white women. But there many white
persons in the situation many forbidden marry
without consent Of the town. This was therefore, of
citizenship Mr.. E. believed it written in code
that " man may marry his grandmother" A laugh.
Yet he did not therefore be Citizen that Mr. had
heard Of Citizens might be placed by the law under
scions marriage without the destruction Of their c
zenship
Mr. E. sad however, that he agreed with the Senator from
Louisiana that had better take the questions he supposed
The bill was to pass any rate.
Mr.. CHQATE said he was disposed to yield to what
the universal and the just desire that this debate should
now close He only desired to read sentence from
dicial authority the matter of these Southern laws This
the only answer he desired to make the mpassoned
the hghtoned, not say little dogmatcal, but able argu
ment of the Senator from Georgia, (Mr. BERRIEN)
Mr. z, heequoedan opinion delivered by Judge Johnson
This he said the only judicial opinion cxtant upon the
subject The late lamented Mr. Writ whose virtues tai
emit and legal knowledge the Senator from Georgia and him
self should not differ in opinion had delivered his sentiments
to this effect atssF
[Mr. c. here quoted from Mr. Writ
Mr.. Z. had hesitation whatever concerning the
sutonay of the law in question but would take
the responsibility of further consumption of time He had
said already that Massachusetts had had unpleasant
overy with her sister States touching the operation Of these
laws All she asked was judicial decision, and he objected
to this clause in the Florida Constitution chiefly because
looked like anticipating the judgment Of the Supreme Court
| by act of Congress.
] Mr.. BERRIEN said he had meant to exhibit any |
dogmasm IN the argument he had had the honor sub
the Senate How far it might consist with the
sy usually prevailing in that Chamber make such mpu
aon on any Senator not for him to decide He agreed
with the honorable Senator from Massachusetts, in the most
perfect respect and sentiment beyond respect for the
character and memory of Mr. Writ the opinion given by
him. and which had been quoted by the Senator had
under Mr. b. scrutiny and, from examination of it he
perceived that Mr.. Writ had overlooked preexisting law of
the United States which, when quoted and urged upon the
Government, had made the question plain that this Gov
eminent had Tin defiance of both the opinions read to the
Senae) eectedhe demand Of the British Minister and South
Carolina had been left unmoeed under the jurisdiction of her
| own laws
Mr. CHOATE said that, in using the term dogmaca
he had intended personal offence but merely to intimate
that the argument of the Senator had been made in
more perempoy than the Senate had been accustomed TO
hear just the question perfectly clear that there
could not be reasonable doubt in regard it. Clear enough
certainly for the laws against the Constitution,
And LET wis
what authority there might stand up their defence, Mr.
g. would oppose them utterly, obviously grossly uncons
tutona It would have been extraordinary indeed the dis
covey of any laws Of the United States which had been
looked would have led both Judge Johnson and Mr. Writ
doubt upon the question Could any quantity of Legislation
the statute book affect their judgment question of the
Constitution On what did they found their opinion against
these laws Not that they in conflict with the legsa
lion of the United States but that they from beginning
n to end in conflict with the law of laws the Fundamental
ganc law of the Union, which assigned the power regu-
adng among the States Congress alone. Most
apparent IL that if there had been preceding
Congress overlooked that law, when discovered could not
in the slightest conceivable degree have shaken the opinion
these eminen. jnrists on the question before them
Mr.. BERRlEN said that the reply made by the Sem
ator from Massachusetts satisfied him most perfectly that the
Senator had not looked through the of which he had
confidently spoken 1t true that the opinions given
founded, part clause in the Constitution, but part
also s.puaton contained in treaty Of the United
with Great Britain, which secured free ingress and egess to
the citizens and subjects of either the ports Of the
i
that the treaty, when it provided ngrcss into our ports
British seamen was made in reference peexing laws
the subject which forbade cooed entering into
their ports and theirs into The treaty had been made
purposely to regulate the case
| Mr.. CH0ATE wished 10 add one word Judge johnson
had placed his decision totally distinct and independent
grounds the first the clause of the Constitution granting
10 Congress the power to regulate Here Mr. c.
quoted the opinion II elaborate and masey argu-
men and which Notwithstanding the Senator'S conyic-
ton that he had read hrough he had repeatedly and
most carefully read Mr. c. bore quoted again The able
Judge had thus explicitly declared his nsupeabe obectonsto
the law in question: violating only the clause of the
Constitution, but the treaty stipulations also.
Mr.. WOODBURY. said that the clause which had been so
senuousy objected to grant of power from the people
of Florida TO the Legislature which preside their
State Whether II was consistent not with the Constitution
of the United States question which he thought the Sc
nate ought 10 leave 10 be settled by the judicial authority
Senators had authority overhaul the Constitutions Of
States applying for admission any than formerly
had to do the like respecting the Constitution Of Rhode Island
North Carolina. The Supreme Court the proper tribunal
to ascertain whether these provisions unconstitutional
not The decisions which had been referred 10 by the Senator
from Mississippi (Mr WALkER) referred only things
persons Every State possessed the authority pass laws
of police and preventive laws well laws punish crime
when actually committed but its legislation could take
away rights which guaranteed by the Constitution. Whe
Their these Southern laws respecting free cooed sailors did
or not he had said aqueson forth Judiciary Leaving
the clause to stand in the Constitution of Florida did not in
his apprehension involve any grant power by Congress-
any sanction of the power claimed The clause merely
grant from the people Of Florida, the awuness Of which
Congress not called to decide II
The question beinp first amendment0