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


the supreme law OF the land and is not part OF the law
which the Judiciary administer
Mr.. WOODWARD. Exactly But il there is
siu,iona establishment Of slavery in the territories, which
contends and there is law for the purpose, how
does your court get jurisdiction of the case 4
They told that slavery existed by the laws Of the Ter
roes and who the Judge Of the laws Of the Territories
bat the judiciary He did not pretend that the constitution
established it, The issue had been made whether slavery
lists without the constitution and without the laws II it did,
il exists by local laws and BY local principles, and must Ne
determined by the local judiciary Now he asked for qua
ranty and If those interested in this subject he would
stand by him he would have guaranty
Mr.. LAHM asked the gentleman from South Carolina If lie
should remove to Territory with bis slave and the slave
should there claim his freedom and should be brought ~
habeds corpus to the Supreme Court II the gentleman pleas
ed would not the Supreme Court decide whether by the
sttuon, without legislative action the gentleman could hold
slave thus taken into Territory mott
Mr.. WOODWARD said the gentleman might resort TO
precise echnicaes which he did not intend to
But suppose slave escaped into the District Of CouDbl
would not the remedy prescribed in the constitution apply
which provided for the surrender of fugitive slaves The
constitution provided that the General Government should
have exclusive jurisdiction oil places purchased from the
States for public and il slave passed TO those places
could be not be delivered up Would the gentleman
tend that the obligation which rested the whole people Of
this Union did the Government itself The gene-
man from Virginia (Mr BArLr) con,ended that this was a
local legislature for the District Of Columbia. Now whatever
was It was bound TO perform all the duties towards other
States which were enoned on the people OF this Union He
!
would not now, but he intended future time argue that
question He repeated that Territory dependency,
and not State Of this Union. The gentleman from Virginia
yesterday made il State but this he Mr. W. denied. And
if It vas partly in this Union and partly out, where would
they draw the distinction where the line Of partition
What laws could they make for Territory against its win
But ha repeated ne did choose argue this question
Mr. BAYLY did not rise, after the great indulgence shown
him yesterday engage in this debate again He had not
argued the proposition all which the gentleman Souh
Carolina has this day mooed Heenpessy declined to
yesterday on the ground that this House has jurisdiction
over IT, The whole burden OF his argument to show that
Congress had jurisdiction legsac the subject sla
very in the Territories and whether he established that pro-
position to the sa faction Of every body else he knew not
but he did TO his IT, lhen he succeeded in
bishng the proposition that Congress had authority 10
legsaie the subject of slavery in the Territories it
ed to him that far they concerned, the argument
at end. He referred certainly the question which
the gentleman from South Carolina had brought into the dis
cussion that by The act acquiring territory slavery was esta
bshed in such territory He referred to that opinion smpy
he did not argue it, He declined to do because it
question which Congress could not decide.
Mr.. FICKLIN made suggestion which inaudibe
at the Reporters desk.
Mr.. BAYLY sal that a question which he declined
to argue the other day, and he also refused argue
because was question which Congress could not decide
There was but way the face Of the earth by which
Congress could decide any thing and that by the passage
of law. If ihon, they had right pass laws on the
subject il was question which they could not decide
There was another proposition which he also referred TO as
either legalze slavery where it did exist, abolish it
where did He declined argue that aIso because Con-
could not decide it. He took il that both these CUES
tons Judicial questions They questions which
could be decided alone by the courts If they could be de-
cded by other tribunal than the courts he begged to be
informed by any lawyer in the House, by the gentleman
from South Carolina, (Mr WooowARD) he being Of
the most eminent where they could be decidedP
Mr.. WOODWARD inquired how the gentleman from
Virginia would get the question before the courts
Mr. BAfLY greatly surprised at the question. Why
in his practice, he had raised such questions hundred
times before the He would tell the gentleman how
The gentleman from South Carolina took the position that the
moment territory acquired, matter whether slavery
listed there not, the constitution Of the United States
tended over and created slavery there. Well proceeding
that opinion of his the gentleman might 60 California
and carry with him his slave.
Nh. WOODWARD inerposed say that he had taken
such position that the constitution Of the United States
creates slavery in any territory all he maintained that
slavery is fact II created. IL his friend would ia
dulge him he would explain great prevailed in call
ing slavery institution They might well call tobacco,
rice steamboat institution Ills fact II is proper
ty and legislation could do aught with II would take
the constitutional authority TO break it Up, and TO make
unnaket The notion they had OF property would not permit
them 10 call institution. The notion OF property
idea in opposition to communism that is the idea by which
becomes the exclusive e chae any thing
else Slavery exists properly. The white race, without
the constitution early period of the world went to Ar
and seized without law aud held without law the
there The law did not exist TO make negroes property any
70 cdoutcbouc properly,
ticle Of manufacture. Property institution. Laws
did not create wealth. The law does establish
ship He asserted then, that false proposition to call
slavery institution. They might well call wagons
ships boats institutions. Il matter Of fact existing
fact previous the constitution, independent Of it, and
much independent Of the law. That the way sla
very exists and il be such enomty gentleman pre-
tended let them unmnke the bargain which made by the
founders Of the republic and imagine that the moral
vernmen 81 the universe will admit bad faith, reachey, and
fraud for the sin Of slavery He maintained that
slavery into the land like ndarubber any other sr
Gle, and they all acquesced IN it. Let Them them dissolve
their bargain, and make the world believe they honest
but, he repeated LEI them imagine that the moral
government Of the universe will admit bad faith teachey and
fraud as excuse for the sin Of slavery.
lie did not make this political question The question
not simply what action this Government could take on IT,
But slavery does exist in the territories without legislation
the part Of Congress the erritories il be true, IL
Il be probable that at the mercy Of judcaiue in Ca
ornia, he wanted TO know t. He wanted TO know from
the beginning He wanted to know what interest he to
have conquess He desired that bis constituents should
know IT. that they might decide, with full knowledge OF the
subject whether they would 60 TO il they were TO have
share in the conquests which the should bring to
He wished them 20 know what they TO obtain by ex
pending their money and spng their blood in territory which
they could He desired to know IL he was at the
mercy Of Judiciary in Territory, Legislature or an
Executive. IL in despite Of oil, slavery cannot exist let
him know il Let him know il before fucatan comes
before this House. His respecting that question
Of policy would be determined by the question Of What the
r,.iai legislature Judiciary lie therefore claim
ed that while the proposition Of the gentleman from Virginia
eht be that this belongs the Judiciary Of the country
decide thew should know whether IL did or not He did