Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-05-20

courts to decide it, Would he insist that the courts should
decide h question before before them II must be
sred to he courts and nowhere else for there other
tribunal y decide it. The gentlemen asked how the question
to be got before the courts; and he (Mr b. would tell
him precisely how he might get there
Mr. WOODWARD explained He was understood to
mat never would make case for the courts under such
Mr.. BAYLY would nevertheless tell the gentleman how it
would come before the courts aud m came not there at all it
would remain moot question 10 the end Of time slave is
found ~ Caiornia master carries him there When he
gets there is found by gentlemen who differs from the
gentleman rom South Carolina, that nasnuch slavery
did notexs there when the territory acquitted until
passed 10 recognise he Free The slave then re-
fuses work for his master the corrects him he
brings bis action for assault and battery the master pleads
that moderate correction, which he had the right to in
ct his the plea demued to- and the court has
decide whether slavery exists there That vas pre-
csey Ne manner in which the question could be brought be-
fore the courts In giving the gent he could per-
haps have selected anothe for instance which had been
stated BY gentleman from Ohio; but he selected This case
because il the precise mode in which similar question
brought before the Massachusetts, when The sin
suIar decision made that her bill of rights abolished
y and that the master had right to correct his
Mr. WOODWARD had never felt any difficulty in seeing
how TO form plea; but be would make such
case
Mr.. BAYLY would put it to the gentleman then how he
could avoid Who could decide beforehand what would be
the fact The gentleman had admitted Congress could
not settle the question who, then, could do it, 1t OBJ
4
! body but the Judiciary
Mr. STEWART of Pennsylvania desired to ask the gen.
lemanfrom Virginia whether the Supreme Court had de-
eded thai slavery existed by local laws and that II he
ed his slave 10 flee territory the slave remained longer
perry.
Mr. BAYLY replied that the gentleman fom Pennsylvania
was not good at the laws he IN nxns up s
cs and not very good at THAR nough the country perhaps
enter,ained different opinion.
Mr.. STEWART rose to point Of order.
The CHAIR. The gentleman from Pennsylvania win
Mr.. STEWART would do SO. The gentleman from, Vir-
gna had pledged himself the House in the of his
remarks fewdays ago that, if he wrong the question
stated respecting the exports and imports particular peri
DDS he would open his mouth this floor again Now
he (Mr maintained that the gentleman from Virginia had
no right 70 open hismouh this floor. Laughter.
The CHAIR paused
Mr. BAYLY desired that the point of order should be de-
The CHAIR recognised point Of order in the statement
made. Laughter
Mr. BAYLY said that though foreign to this discussion he
would state TO the gentleman from Pennsylvania his edit
cation, that before he took the floor he writing card
for the National intclgence show how that gentleman had
qubbed in his card which appeared in the National Iate
this morning, TO enable him get Of the difficulty
in which be had involved himself; and he (Mr b. did
show that be had done the satisfaction OF every impair
tal man, he would to resign his in Congress
Mr. STEWART made some remark, which not audi
bic at the Reporters desk.
Mr. BAYLY could give way these tariff discussions.
He sorry he had alluded the gentleman from Pennsy-
vania at all He said this with dsespec that gentle
but they dispose Of the before them There
his friend from New York (Mr MUnpHr) anriousIy
waiting his side get the floor speak upon this question:
and be (Mr. equally anxious tina, he should have it.
lie would return then, TO the remarks OF the gentleman from
south Carolina, (Mr WooDwARp,) and he would say that
if Congress should undertake, by unanimous VOTE say
that slavery fact Ito the expression Of the gentle
from South Carolna in the Territories, that would
bind the Legislature Judiciary unless Congress had uris-
dc,ion the subject would the last come before
the courts and it could be nowhere else decided Had he
not them the right to say 6ono?-what good would
il they undertook maintain that slavery existed there
Gentlemen equally talented and learned maintained the
verethat did not exist there until il egaized. Why,
If they should discuss this point for months until every
gentleman had made up opinion about il would that
the question Reference had been made the case Of
bank and the question asked how that was party
question when it could go before the judiciary Did the
gentleman that il properly party question: because
this Government had to upon and make charter be-
fore went to the country And did not the gentleman know
that went before the question Of its consilu
tionaiy, and that the court decided be constitutional
Well then, suppose this House should by twohrds vote,
decide that slavery existed without legislation did that settle
the question Sill the could would come before the
courts and the would decide the question without
reference TO The opinions Of politicians. They could
avoid IT,
But if the gentleman from South Carolina so much dis
trusted his opnionif he fearful that the law
against himf he takes it for granted that the
will decide then he would advise that gentleman go
against The acquisition Of all territory for in other way
could the gentleman be relieved The gentleman said he
could. In the Of sense. let the gentleman
tell him how this question be settled in advance
the gentleman admitted Congress had control
Mr. WOODWARD rested tho proposition that Con-
could and ought egae for the protection Of the
rights Of the shareholders prescribed by the constitution.
The gentleman from Virginia said the courts had to deter
mine the question. II were so he never would consent
TO make for them
Mr.. BAYLY. The gentleman now had changed his po-
slcn He now says Congress has right TO egslate the
subject.
Me- WOODWARD said the people Of all the States were
bound TO deliver up fugitive slaves and that Congress
bound TO make laws provide that the judicial proceedings
OF every State shall be taken evidence in other States
Mr. BAYLY said that entirely question. The
right to recspurc fugitive slaves thing but the ques
ton which the gentleman from South Carolina had discussed
was different No would deny that The provision
OF the constitution to which the gentleman bad referred ope
rated every Stale Of this Union the question whether
territory free slave territory entirely diff
fsrent question. The question which he had been arguing
in reference fugitive but resident slave with bis
master. Would that provision OF the constitution enable
hold bis slave Maine Massachusetts, Would
IL enable either OF the free States take
up his residence there and continue TO hold his slave No
body would maintain that. The gentleman from South Cao-
ina good lawyer believe that but the gentleman
argued that slavery would exist fact in territory scquir-
ed Well, but who decide whether II did or not
Congress could decide It. Congress should undertake
decide lie decision would he obligatory ON the courts
The gentleman fUn south Cscln. had spoken of tho ud
ciay OF tory, bot the gentleman knew well that IL was
question that would comcheioe the Federal Judiciary under
The and constitution OF the United Stntes