The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-27


hIn how he makes II appear that his section has as he
decared surrendered anything by this bill, if she had
nothing 10 surrender But without stopping to refu'e
thelr respective arguments at this time, will ask them
IN what position have they placed me- and themselves,
TOO, II all they he true If the North and South have
both lost all their rights by the BILL who has got them
Where are they! II is time for the honorable gentlemen
TO go on voyage of discovery for these lost rights and
any OF those who complain of their loss by the opera
lon OF ,he o should come back SATISFIED mat lheir re-
eovery is hopeless it will only be proof that they never
had any such rights as have been claimed Tor their re-
specve sections.
I Mr.. President these antagonizing opinions are no
doubt honestly entertained by the gentlemen who ad-
vanced them, but they have furnished ohers-ess worthy
and less able men-with those opprobrious, epthets
which have been applied to the BILL if not TO those who
proposed t. The whole vocabulary OF abuse has been
exhausted by some who stand at the anhpodes on this
great question, to cry down those who occupy middle
ground and whose dearest wish is to reconcile them to
each other. stand like the in the almanac. as a
target Tor arrows from all the opposite points OF the com
pass The moment the bill reported, and before ITS
merits were understood il assaled by storm oil op
position from every quarter:
Una Euusgue, Notque ereberqe proeHis APRrcus
The whole select committee and their bill were assailed
tor having evaded the responsibility which belonged to
Congress, and deeg aed its power to the Supreme Court
! The senator from Ohio Mr.. CoRwIN] endorsed this
charge. BY the senators from Tennessee and North
Carolina the bill was also denounced as evasiye and de-
luslve, and one senator the way Mr. MILES, lei
himself down so low AS TO proclaim cowardly meas
IRE. II is true. that the senator from New Jersey, Nr
DAyroN,l who also eoqnenty opposed the b difered
with these gentlemen, and asserted that the NIL had me
merit OF being bold, frank, and manly measure AS tor
the senator from Connecticut, Mr.. NILES, who gave
casting vote in this body for the resolution annexlng
Texas and by that same resolution adopted the Missouri
Compromise fastening slavery on district OF country as
large as twenty of the State he represents commend his
political consistency to the especial consideration OF his
own constituents The compromise game on Texas was
losing but he will hardly be able to hedge enough
| on California to regain their favor.
The whole of these charges against the bill as being
evasive, and stunning responsibility, arise out Of and
are resolved into single Misrepresentation, which J
will proceed to expose and put to shame Inc misrepre
senaton consists in this single decaration-ttd the bH
delegates and refers the poer of Congress 10 decide the
question mether adrery shall ernst m the Territories 10
NE Supreme Court Of he United States Now the bil'
delegates power of Congress whatever 1t SIMPLY
provides that writ of error appeal shall be had at
the suit of either party of claim of freedom by
any negro in either California or New Mexico to the
Supreme Court Every power which Congress ever had
the subject is reserved because no word IN the b,
proposes to evove that power on the Court or any other
tribunal The power of Congress over the subject is
political and legislative that of the Court simply ju-
| dcial.
The great question settle which the select committee
slaveholdng States Of this Union have constitutional
right TO emgrae TO the Territories, which have been &C
quired by the efforts of all the States, with their
slaves The South affirmed this, and the North denied
it. On this question the debate in this body had ragged
for weeks, when made the motion to raise commit
tee composed of equal numbers from both sections OF
the Union and equal numbers from both political par
ties The committee, after exhausting every other effort
effect compromise between the parties reported, by
majority OF two thirds, this bill to extend the laws over
the territories, TO organize government composed OF
governor three Judges, and secretary for California.
and of governor and secretary with two Judges, Tor
New Mexico These constituted the legislative power IN
each, upon which the governor had no veio and that le
gisature restricted as to De unable to pass any
law introducing or prohibiting African slavery IN the
Territories thus leaving that not to the appoint
Of the territories, but combining the decision OF the ques
ton Of slavery in the Territories themselves to the u,
dical tribunals there with perfectly secured right of
all their to the Supreme
Court of the United States Thus, both the master and
the friend of the slave were entitled to try the question at
of the republic settle all conflicting questions of con.
stituonal law, while Congress retained all its political
and legislative power over the whole SUBJECT TO ne ex-
rcsed not as to its own wisdom should seem tit.
single decision of the court made on the very first case
presented at the next term, would 1t was understood
have settled the question debated IN these halls for years
past, and which we all know never can be settled here
BY the third article of the constitution. the judicial
power of the United States is vested in the Supreme
ahsh and extended to all cases in law and equity
arising under the constitution" The judicial power
being thus expressly extended to this question. another
clause in the section declares that in such cases
"t the Supreme Court MW have appellate jurisdiction
both as law AMI fart with such exceptions and under
such regulations, as the Congress shall make"
ment organized in the Territories of the United States
with the necessary inferior tribunals the appellate lurIs
dcon of the Supreme Court ordained by the constu
ton itself and the oath of every senator TO support that
constitution binds hun to make the regulations under
which that appellate jurisdiction shall be exercised unless
il can be made to appear that the question forms an
g exception" to the general rule.
Hence preliminary matter to be decided 49, whether
this question arising under the constitution between the
North and the South can, with any proprety be made
mittee which reported this bill may be charged with hav
ing attempted to devove upon the Supreme Court duty
which does not properly belong to it. II cannot then
the committee has only complied with the constitutional
reausiton and the Court derives its power decide the
question, from the BILL but from the constitution,
which the real object Of attack of all the geographical
factonists who have vented their spleen against the bill
Now that such constitutional question this should
form an exception the appellate jurisdiction of the
court is position which the most hardy will not dare
sumo. 1t is question the one hand affecting the
rights of southern to the amount OF all the slave
property they could send into the territories, and the
other involving the great issue OF personal liberty.
Neither northern southern will pretend for
moment that this great question, which threatens to shake
the pillars of whole political edhce, is not of sui
fcient importance to ene IT to decision by the highest
tribunal known to the constitution. No question OF
greater importance before submitted to thai
court
| say therefore, it is papable that the bill, much
vied and msrepresented, is but simple compliance
with oaths to support the constitution, which com
maDds us to make the regulations under which the SUI
peme Court shall exercise its appellate jurisdiction
this very case. Had the members of the other House
given themselves time to reflect, it quite impossible
they could have rejected it, because the Judges were by
the regulations of the bill to decide judicial question
which the constitution ordained them to decide, and
manded us to make provision to enable them to decide
| The senator from Ohio [Mr. CoRwINl has, in the face
of this constitutional requison upon all, (hmself
cuded) objected that the court improper tribunal &c
decide the question. What right has he or any other