The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-24
indicated by me in the speech had the honor TO make on
m. tGtb of Nav last.

the 10Th Of May last;
al have confined myself the committee will perceive
10 the discussion of the question the power of Con
sress. under the constitution, prohibit slavery in the
Territories There other interesting Questions which
been ooed OF late, which have purposely avoided
iebatng They are-is whether, if we acquire Territory
where slavery does exist win be egal1ed there by
he act OF acquisition and 3D. whether, people OF
he Territories, through their Territorial legislatures,
ohb slavery IN the even, of the first question being de
cded one way or egalze IL in the event is decided the
'ther These questions, however Interesting, are not Tor
s eoss am ssi a,s e ssa an e
They questions which Congress has authority 10 set
lie they questions witch do not wish
rodlced here, or into the politics OF the county Neither
he Congress nor the President can have anything 10 do IN
their solution"
The Senate bill carries out these views Ii refers the
conflicting opinions OF the different parties to tins contest
on the hrst and man pont al once 10 The appropriate u
buna TO decide and prevents any from arising
under the second by undertaking TO restrain the terrific
rial legislatures from passing laws IN either OF the aspects
indicated, and thus compromises the conflicting views
relative to the powers OF the territorial legislatures and
luiets the fears the in which they might be
exercised And il thus settles every question involved
the controversy except the relative 10 the state OF
the existing law.
The excitement in the country grows principally out OF
The diversity of views 10 the condition OF the law IN
the Territories in the absence OF legislation. Al the
North it is insisted that of the South invoking the
power of this government to establish slavery where 1t
Toes not exist and they say, that although they are
willing to abstain from interfering with it, where it
legally and constituonay exists, they will consent
extension by the action of Congress into territory
free. On the other hand is commended that by the
very dCt Vi lcRdy
srists and the effort prohibit it, is in violation of the
constitutional rights Of the South
1t is this diversity of opinion, than that 10 the
powers of legislation the subject, which creates the
fearful excitement now pervading the country. AT the
North, they say that we OF the South attempting, by
the acton OF this government to extend institution to
which they are conscenously opposed and that we thus
make them accessory to the crime OF doing It, to which
they will not submit. AT the South il is contended
wheh hsS M n1 tn S H
The feature OF the bill which chiefly recommends it,
49, that it from the controversy all the points OF
Inference but and in respect to that it takes both
parties at their word. By this BILL the South says: If
slavery does not exist in the territories we will not ask
the general government by the legislation OF Congress-
to establish it. And the North says If ii does constu
onally and legally exist there, will not ask the gen
era government to disturb it. Is not this fair But then
the question must be decided, Which Is right? This is
But TO whom ought the decision to be referred
TO CoDgress From It's very nature, the question is
judicial one, and Congress has ludic al powers
1 is composed & heated b snn and mot dspa
decide any question Is by passing law; and the
moment. you attempt that you bring in new ele
opinion 10 reconcile as to the question itself, but to
the power of Congress it. But what is most concu
sve u.s. as shall hereafter show, that Congress cannot
decide it so as to bind the parties interested This can
only be done, as shall also hereafter show, by the u
dietary If Congress, from the of its powers, and
from the fact that 1t is composed of heated politicians
rather than dspassOnate usts, is not proper tribunal
TO decide such aqueson, to what other one can 1t with
prOprety be referred say, and this bill says, the
highest Judicial tribunal in the land To such tribunal
IN all constitutional governments, have similar questions
invariably referred This has been particularly the
case in England from whose institutions have Dor
rowed so many OF our own
Alter the union OF Scotland and England grave ques
ton to the extent of the right conferred by
that act upon the subjects Of the two kingdomsn prnc
ple precisely the question involved in this issue. To
what tribunal was It's adjudication lett Notwhstand
ing the doctrine of the supremacy OF Parliament not dis
puled at that day. reraned from attempting TO cut the
Godan knot and referred the question the tribunal
which belonged-to the courts, where it argued,
in Colvns by such Lord Bacon and decided
by such men as Lord Coke; and the question, thus set
ted was acquiesced in by every body
case equally analogous in principle, and still more in
its circumstances originated in the conquest by the Brit
sh arms, of the island of Grenada tax of Al per cent
levied all goods and sugars exported from the
island similar duty was levied n the other British
eeward islands and the equality and poprety of the tax
not questioned, but its legality The question
originated in the extent of the rights of England acquired
by conquest Precisely the with US here But how
it decded Did the Imperial Parliament undertake
Is adiudicaton No. il referred to the courts, and
by them it was settled.
Again During our colonial dependency, question of
boundary arose between the propreors of Pennsylvania
and Maryland, which Lord Hardwick said, in his udg
nent ''o nature worthy the judiCature of Ro-
man Senate" of political character; yet, pri-
vate rights concerned, the English chancery took
cOgniZance of it.
could enumerae many more instances in English and
continental history but prefer to at to
in our own as they will be better understood and will
carry with them greater weight oil authority.
shall not stop TO refer such the contest be-
tween Massachusetts and Rhode Island as to their true
boundaries where States submitted without murmur
to the Supreme Court the adjudication of questions of
such character, and OF such vital importance to them
as Independent communities; nor to numerous nsan-
ces, where the conflicting claims of States and the gene
raj government 10 the right of legislation and the
OF It, growing out OF the commercial power, such
in the of Gibbons and Ogden, and many others
which might be mentlOned nor to the Rhode Island
that has been lately argued but yet decided which
the of the authority of the people of State to al
ter their constitution, and the in which be
exercised-ln word, the legality of the Dorr move
men-was involved. 1t is true this last turns upon
the extent OF the sovereign power of the people, and is
purely political in its character the proprety of submit
ting which to me courts might well ba questioned But
prefer to rest upon other which, perhaps, will be
considered more point OF these refer, first, the
case of Prgg the Commonwealth of Pennsylvania
Ii originated in transaction which led to great excite
meni 1t turned upon the respective extent of the power
conferred upon the general government and retained by the
States to egslate relative to the delivering up of fugitive
slaves. In other words, the precise question to
the respective authority of Congress and the State legs
atures to egslate upon the question OF slavery the
case OF fugitive slaves In principle, the very be-
fore us-which turns upon the extent OF the power of
Congress and the Territorial legislatures, respectively,
egsate upon the subject of slavery different aspect
of eveybody and its decision contributed greatly to give
quiet to the excitement which had prevailed.
stll more important case, and one which precisely
analogous, that of Groves and Slaughter In that case
discussed the extent of the power OF Congress
what is famiarly called the internal slave trade In
than in reference to any other aspect of the slavery ques
ton Yet il went to the Supreme Court; il there de-
cded and the decision has tended greatly put end
to the agitation growing out of it.
The question before the country has been greatly
mystfed by the in which it is usually stated It
-. ILL