The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-19

III oPioH Scdly liiclcloic 'olc
The question then being put on concurrng in the re-
port OF the Committee OF Conference the yeas and nays
were demanded, ordered and, being taken, resulted
yeas 92 nays 90.
So the report of the Committee OF Conference was
agreed to.
NAVAL PENSIONS.
On motion of Mr. KAUFMAN, the House then re-
solved itself into Committee of the Whole the state of
the Union, and resumed the consideration OF the navy
pension bill.
Mr. DICKINSON (having the floor from Yesterday
proceeded To discuss the subject OF the power of the gen.
eTal government to legslae Tor Territories From care
full examination of the subject he had come 10 the
cson that Congress had no power to leglsate for the
internal police and municipal regulations OF Territories
The RICH. which Congress obtains to egslate for Terri
tories is derived from the treaty making power The au
thory of the general government did rghtluly
regulate the internal police of the Territories than of the
States of this Union This power had been exercised by
Congress- but il derived all its sanction from the
of the people governed From this, he proceeded to
argue against the power of Congress either abolish
establish slavery in the Teores and TO show that the
power egslae for the government and general police
of the Territories, not being in Congress, necessarily
mains with the people OF the Territories
The hour at which the House had resolved to termi-
nate the debate having arrived the committee proceeded
Mr.. WHITE submitted an amendment, which was
ruled out of order.
Mr.. GOGGIN submitted an amendment providing for a
renewal of the act allowing pensions for five years the
legal representatives OF those who were lost on the
schooner GIamPus-
newal OF such law belongs more properly TO the Com
mittee on Pensions.
MIR. GOGGIN then withdrew his proposition to amend.
The bill was then laid aside
POST OFFICE APPROPRIATIONS.
On motion of Mr. VINTON, the committee then took
up the consideration of the bill making appropriation for
the service of the Post Office Department for the year
ending the Both OF June, 1913.
MIR. WOODWARD took the floor to express his dis
sent in respects from the doctrines of the speech
Of the gentleman from virginia Mr. BAYLYl delivered
power to legisate for Territories issue before
the country The principle of the Wilmot Proviso
much more legitimaley the issue before us He did not
profess TO disagree materially with the gentleman from
Virginia. but rose rather to explain the Issue to which he
was willing to be party before the country What he
said that the territory belonging 10 the United States
the property of the people of all the States,
and that no one portion could dspossess the other OF
their rights IN this respect The thing was impossible
possibility, if it could be shown of doing such thing
by any power whatever He denied that, in where
Congress has located certain OF country few set
tiers of it ''eminent domain
the whole of it, and the power to say on
what condition the whole shall be disposed Of who shall
and who shall not occupy neghboring province where
they have exclusive possession This was what he de-
MED and this involved matter OF substance to the southern
States. was matter OF substance and interest to them,
whether they were to be prevented from simplifying or
spreading whether all the rest of the nation might camor
for land, while they alone to be restricted to
their present homes whether IN short they were to be
made unlawful emigrants They wanted more lands and
should deny them this He desired this question to go
before the country He did not know that he throw
on his side of the House He trusted that they might
and would all come to terms consistent with just views
of this question He wished to the whole country
meet on the only patform-refusing to violate the con-
stituton Such the ground which alone his sup
port would be obtained TOR any public man. He meant
to defend the rights OF the south 1t was expected OF
to defend their rights. And it was unreasonable for
man to imagine that others would be likely to evince
greater respect for his person or his rights than he him
self entertained
: The gentleman from Virginia had turned this ques-
ton to the judiciary though the legislative power
not present in the Territories Mr.. W. had supposed
that the government composed OF compacted parts
and that there could be no perfect action OF the govern
ing power without the cooperation of all its parts
How, then, could the judiciary go where the legisla
involving such vital interests by giving it wholly into
the hands of the Judiciary II the right and author
y of Congress to determine the law-how public regu
ations should act upon the rights of individuals
not that subordinate department whose duty il to APP
ply the law, right OF wrong.
Mr.. BRODHEAD (Mr, w. yielding) would like 10
know whether Congress could take away the constitu-
tona rights of shareholders Constitutional rights were
guaranteed by the judiciary.
Mr.. WOODWARD was coming to that The judiciary
could only take jurisdiction of cases arising under the
laws enacted by the Legislature, the treaty making
power.
Mr.. BAYLY. Would the gentleman say that Congress
can egisate upon the subject OF slavery in the Terri
Mr. WOODWARD. | do not But now will the gen.
eman tell us how the courts get jurisdiction in the Ter
ritories
Mr. BAYLY Is not the constitution part of the law!
Mr.. WOODWARD. But if there is no constitutional
establishment of slavery the Territories still where do
you get ursdicon3 The issue had been made whether
slavery existed without the constitution and laws: and if
it did it still must exist by local laws and principles, and
questions affecting it must be determined by the local
Judiciary.
Mr.. LAHM stated case, and inquired whether the
Supreme Court might not decide, by the constitution,
without legislative enactment upon the right to his slave
by the citizen of Territory?
Mr.. WOODWARD did not intend to enter upon this
District of Columbia would not the authority of the
stuon, prescribing that slaves shall be given up apply
Or if slave took refuge in the grounds for public
should he not be given up' The legation resting the
people of the Union, did it not also rest the govern
ment itself 5H
The gentleman from Virginia Mr. BAYLy] contended,
with great propriety, that Congress local egisa
for this Districts but he denied what seemed TO be
another position of that gentleman, that Territory 10
be regarded as State. Territory was dependency,
and not State. But he did no, choose to argue this
question now.
Mr. BAYLY then took the floor, and replied to
the argument by the gentleman from South Carolina
That gentleman had contended that by the acquisition of
territory the constitution of the United States extended
over it, and established slavery
Mr.. WOODWARD interposed, and denied that he has
taken such position. Slavery was a fact He would
explain Slavery should not be called an institution.
We might as well call rce tobacco steamboats,, an
institution Slaves property Our notions OF prop
ery do not allow us to call it institution 1t an idea
in opposition TO that of communism Slavery exists as
property, original Before the constitution, slaves were
seized and held by the white race without law; Thus
slavarv not orrinated by law any more than law