The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-24

the Union" Even IN controversy between the States
nd the general government about State rights the fed
ealiss insisted that OF the departments OF the latter
was the exclusive Judge Ana again, In the days oil
nuihcaiion, the wing party look the same ground
know it will be said, that In showing that the wings
have changed their position, show al the same time
that we have done the thing, we still found
opposed each other But such not the case The epub
cans denied that in aqueson between the States such
and the general government, IN respect to the reserved
rights of the former, the Supreme Court the ultimate
abite But they denied that, IN inter par
under the constitution and laws OF the United States, the
Supreme Court was the proper tribunal TO decide il in the
last They denied 10 the Supreme Court any po-
Iitca power whatever; but they disputed It's urs-
dction where question could assume legal form for
forensic litigation and judicial decision They neverdis-
pue its jurisdiction Where there parties into
court who could be reached by its process and bound by
its power
The question which the Senate bill proposes to refer to
the Supreme Court is precisely of this latter character
The right OF the Shareholder to go into any of our Terrific
ries with his property is the right OF the individual and
no, OF the State OF which he is citizen, II desire to
go to California with my slave, the question whether
shall do so or not, is question in which am indi-
vdualy concerned; but II is question in which Vir-
gnia as State, has no interest; i is question in
which her citizens concerned; but in which she,
a body polite, is not II go to California with my
slave, the question whether he shall continue not,
erested, but in which no but he and myself is d.
rectly concerned Ii purely question of meum and
tuunl," between and him, and is such question
is proper to go before the courts. And what is more it
such question must go before them, if the parties
choose, let Congress do what II may.
Suppose Congress should pass the Wilmot Proviso. |
deny Its constitutional authority to do So Suppose
lying upon my opinion, go TO California with my slave
insist upon holding hun, regardless OF the law OF Con
gress He brings suit for his freedom Will not the
courts be compelled TO decide upon the constutionaly
of the law And suppose decides against it, will
not still hold my slave, the law of Congress to the
contrary Notwithstanding Suppose-what some ask but
what out of the range of possibility much more poba
bity-Congress should pass law to legalze slavery
Cannot my slave IN the case supposed bring the ques
ton of its power to do so before the court Suppose
the territorial Legislature should do the one or the
other would not the same state of things occur? But
il is said, whether have the power not TO
prohibit slavery in the Territories, yet if we attempt
H. Shareholders will go to them TO try the question
Then you will exclude US indirectly when we deny your
power to do 1t directly; and you will do it in
which will deprive us OF our power to try before the
proper tribunal the question OF your authority to do
Can such course be justified either in politics morals
Before quitting this branch of the argument. beg leave
to say that most OF those VINO object to this bill involve
themselves in the most remarkable Inconsistency. The
very men who deny most positively the proprety OF
ferng the questions in dispute to the arbament of the
Supreme Court those who rely most confidently upon
the decisions of that tribunal to sustain their authority to
leglsae Tor the Territories In their view, the authority
OF the court is sufficient to sustain the power which they
claim to exercise in violation of what insist is
rights; but IS not proper tribunal to pass upon them
without their interference.
Gentlemen say that this bill is compromise-that
will give to side or the other all they claim 1t set
ties nothing. Those who contend for the first PROPOSE
ton seem to think there be such thing
promise unless there division OF spols But there is
such thing as compromise OF conflicting views, by
ferrIng them to proper tribunal to decide between them
What recommends this bill to me, much anything
else, is, that it reconciles conflicting views without any
sacrifice of constitutional principles. We differ about
these, and we settle the difference by referring it to
competent tribunal to decide who is right. But il gives
The one side or the other all they claim So i will as in
all other cases of like character 1t gives all to the side
which has the law and the constitution in its favor. And
is it not right that such should be the case!
1t is SAID the bill settles nothing But have shown
that diSDutp but
that to impartial and competent tribunal 1t dsclaims
the power OF Congress- and It restraints the power of the
Territorial legislatures the subject of slavery, and
refers the question as to What IS the existing law to the
courts-the only tribunal which settle it.
The gentleman from Alabama Mr.. HnLIARD] says
that this bill will not allay the ant-slavery excitement
On the contrary, he insists that il the decides in IA
OF what we claim southern rights, the North will
insist upon passing law inconsistent with them. Sup
any off, with decision OF that court IN our favor
than we would now withoutitl But suppose the de-
cision should be against u.s. Even then, we would be
no worse Oft than we are now for the man Is a fool
nothing less, who expects Congress to pass law es
tabshng slavery anywhere.
By what authority ,however, does he say that dec
sion in favor would not be acquesced in Sir, if
there is any sincerity in northern men, they would ac
quiesce. They say they will not interfere with slavery
where it legally and constituonay exists II, there.
FORE the court decides in favor, they will be bound
to acquesce and if they do not, they will be weakened
in their efforts by the hypocrisy which they will thus
fix upon themselves
men who have contributed to the defeat OF the Senate
BILL is, that they resist without proposing anything bet
its place AT all times it is unphllosophc to oppose
measure where action necessary, without propos.
ing better instead OF it, But in case like this, it is
criminal
The gentleman from Alabama says, wait till General
Taylor is President, and all things will right am
not Mr. Chairman, in the habit of subscribing to opin
for which reason given, particularly when,
in this case, they extremely improbable How Is the
election of Gen. Taylor TO facilitate the settlement OF this
question favorable TO u.s. What position does he occupy
West without exception, has taken the ground that
if Congress pass the Wilmot Proviso, General Taylor
will not interfere with its action. But will not rely
upon these irresponsible opinions ofparty presses.
What position have you (Mr. AsHMUN in the
chair taken upon this subjects In your letter to your
constituents, after the adjournment of the Philadelphia
Convention, OF which you were a leading and dstln
guished member, you said Hs Gen Tayors declared
sentiments guaranty that he will never, an The
slightest manner, interfere with the action of Congress-
when it shall forbid the existence of slavery in
yacquired territories The chairman OF the Committee
ground So have two OF your coeagues--one OF this
House, Mr.. HUDSON, land the other OF the Senate Mr.
DAvIs.] So also has the gentleman from Ohio, Mr.
SCHENCK.l senator from Ohio [Mr CoRwINl has said
in his place, that ii it not understood that General
Taylor would not veto the Wlmot Proviso, he would
not get solitary vote either in the northern western
States The gentleman from Kentucky [Mr ADAMs] has
said that he did not believe that General Taylor would
veto the Wmot provlso and if passed by Congress- he
did not think he ought to veto it. will not make more
individual references could multiply them, if it
necessary. make these in the presence of those to
whom they refer, that if do make them correctly
may be put right undertake to say, that there is not
northern wing that supporting General Taylor, who
is not doing it with similar understanding of his posi-
ton How is it with southern wings Not one of them
Al 4 -IF