The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-12
THE UNION.

tee He did not pretend that either he they could dc
tate legal opinions to the Supreme Court or 70 The coan
alluded Neither The individual opinion OF Judge Phelps
that of the entire committee can change the law OF
the case The senator from Vermont consents that the
rights both of the north and of the south may be decided
by the high tribunal gnaied by the constitution to de-
lemine all questions legiiimately coming before II In
this view he sustained by very large mslohy oil
the august body of which he is member IN.
The Senate bill conemplaies for Oregon the establish
ment of territorial legislature, vested with the power
TO pass any and all with lew exceptions In refer
ence to conested) which may be consistent
with the federal constitution and these acts thus pass
ed are to become operays as aW, unless .ney are
Gf consistent with the constution) prohibit the exist
ence of slavery and from the character of the soil and
climate, would certainly do so But whether slavery be
prohbited in Oregon by act of Congress of the Terri
oria legislature the constitutionaty OF such prohib
ton would in either necessarily be the subject OF re-
vision by the Supreme Court SO far, then, as Oregon is
concerned, the most ultra northern man (whose OBJ
ect is not mere agation) should be content
The provisions in reference to California and New
Mexico OF different character for the most obvious
reasons The latter Territories but sparsey IN
habed containing population OF mixed races, general
" alien 10 laws and institutions. The power OF
legslaon therefore, vested in the governor Judges,
and secretary of sate appointed by and responsible to
our government All acts are to be submitted to Con
gress for approval and the power denied to this egs
atve council, either to establish or to restrict slavery
That question in the time was left open, and sub
jec to the general principles OF the constitution, as 1t may
be interpreted by the Territorial courts subject to an APP
peal to the Supreme Court of the United States. II
those who strongly contend that slavery cannot
exist in Territory except by virtue OF positive
law, are correct in their opinion, they have moth
ing fear Southern gentlemen, entertaining the con-
trary opinion, if sincere, should likewise be satisfied
Opposition from side or the other maness either
the want of confidence in opinions boldly expressed OF
the desire OF continued agitation OF exciting subject
My colleague and others assai this measure because
does not finally settle the question, and guaranty the
indicated effect these objects more successfully This
BILL far as lavery is concerned merely extends over
the Territories the principles OF the constitution Thus IN
srument is the supreme and fundamental law. The
decisions made under by the courts proper
obligatory and imperative upon all portions OF the coun-
try Resistance in such would amount to rebellion
and if successful would put end to all constitutional
restraint and dissolve the government VIII any portion
of the Union brave these consequences when the only
grievance complained OF is the operation OF the consu-
ton? Will the north or the south rise up IN rebellion
against the impartial and legitimate operation OF our form
OF government Are any portion OF our people, IN view
Of the experience of the last sixty years. FESTIVE under
the restraints of the constitutions nsensbe TO the great
blessings which it has secured to the many millions thai
have lived and fourshed under its protecting folds!
Mr. DUER of New York here rose and referred to
sentiment expressed at the last session OF Congress by
gentleman from South Carolina MIR. SIMs that under
any judicial determination of the question, the people OF
the south would remove to the Territories win Their
property of every description.
Mr. SIMS, in reply, dsclaimed any purpose of resist
ance to the decisions of the Supreme Court upon ques
tons within their jurisdiction, whether involving the
question of slavery other matters. But he reiterated
the opinion then expressed that the patriotism and good
sense oil the American people would settle this question
on the compromise line of 36e 3o or upon some other
basis which would secure the rights and equality OF every
section OF the Union.
Mr. BOWDON. | repeat that the Senate bill, in view
of existing circumstances adopts policy IN reference to
California and New Mexico which should command
and if carried out would commandthe approval OF the
country Those territories differ in population, Ian
guage and social condition from the people OF Oregon
inhabited by who fully understand what IS meant
by the habsas corpus freedom of the press freedom
OF Speech freedom oil religion, and universal suffrage
When population shall fill those terrtores-as they
will in few years-a policy may then be adopted in con-
formty with their changed and improved condition. In
the mean tme let the North and South stand upon their
constitutional rights Neither should invoke the whole
power of the government to override and Cypress the
other During this period, the non-nerference doctrine
of the Senate is suggested by the principles OF justice
and strongly enforced BY its tendency to aay rather than
provoke excitement On this point take issue with my
colleague, Mr. HILLARD,1 and others WHO have opposed
it, because of its tendency to increase the agitation which
now prevails in the country. Northern gentlemen here
represent constituency opposed to slavery southern
members responsible to constituency different in
feeling and interest The former unwilling to establish
slavery in the new terrtores the latter are unwilling to
prohibit it. Each escape the difficulty surrounding
The subject by appealing to the great fundamental law OF
the and-he constitution, established by departed patriots
celebrated for WISDOM renowned for PATRIOTISM and redo
lent of all the virtues which delight to honor.
The Supreme Court, TO whom this great constitutional
question is proposed to be referred is elevated above
the influence of popular camor. That high tribunal is
responsible to no local constituency, and would be sway
ed in the discharge of lis great duties by none of the
sectional preudices which here prevail or the political
interests which exert upon deliberations so baeful
an influence decision from this elevated source would
exercise commanding influence upon public opinion,
and go very far to restore harmony to the country.
Should the decision this much mooted question be IN
accordance either with southern northern opinion, II
would command both respect and acquiescence. There
must be grevance-a wrOng-a real oppreSSlOn-a
violation of great constitutional guaranes-before any
portion of the Union would consent to break It's bonds
The Supreme Court would act under high sense
of duty free from any immediate influences to give d.
recton to their action; its members come from the east
the west the north and the south they have the conf
dence of the country; they have party schemes to
subserve, and their settlement OF this question OF cons-
tutona! law would appeal with irresistible force to the
great body of the people, north and south.
But my colleague desires more permanent settlement
something final and conclusive in its character-some-
thing to put end 10 agitation. | can conceive OF no
legislative action by Congress so final, so conefusrpe
as the constitution, under the provisions OF which we
propose that the whole Union should take refugee nor
can conceive Of any mere lnD which would more
efecually frown down agitation than the great con-
made by the men of former and better age. We are
invoked by of the advocates OF permdnence and
citation and opponents of the Senate BILL TO extend
the Missouri compromise line to the Pacific lhey call
upon us TO prohibit slavery north, and to establish IT
south of the parallel of 80 deg. 80 min. Would this
measure (even if IT were now prachcable secure perma
nence or crush agitation Northern representatives. tell
u.s. daily that it would Immediately be followed by ere
peal bH which would be pressed both here and among
the people, with all the zeal OF the Crusaders Is TINS the
permanence so much desired-the quiet so much sought
for! But Congress neither repeal the constitution
nor the decisions of the Supreme Court made under M
RepeaerS and agators. on such an issue as ts wouu
excite only derison and contempt
But it may be replied, that, after the passage OF me
San afa here