Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-16
In SESATE, JURY rs, Is4s.

ana tdhtl, ~ Wts ueClueu IN the negative
Mr.. NILES said Mr.. President, the compromising spr
Of the majority of the Senate be the charac
that Of the compromising committee which reported hi
bal one side. Standing here sir about two oclocl
in the morning, not under San October SUM- but under
midnight lamp, with d1g-day heat shall proceed very de
iberatey to discharge duty which my constituent
and the country. shall also speak in behalf of class
men who to be forgotten hcrethe non-sayeholders
the South. The indecent haste in which it is attempted
force through this bill SO important to the quiet and welfare
of the country cannot prevent from expressing my sent
ments upon it at length however announcement may be h
myself or to others the popety Of the which thu
majority have fit to pursue in relation bill Of such
vital importance, and in which the country feels deep
interest," Is not necessary for Inc to remark further than
say, that it is which have never witnessed here be-
FORE and which hope will not occur again just and
wise measure, and especially assumed have originated
in spirit of compromise would seem to require yra.
ncal exercise of power on the part of the majority carry
through.
Il is my purpose Mr. President say something respect
ing this bsome,hng upon the subject which it relates
10 notice of the positions and strange doctrines which
have witnessed in this debate and to defend myself and
those who act with against the attacks which have been
made upon This debate has been one OF peculiar
character and little calculated to reflect honor the Amer-
can Senate the American Instead Of witnessing
bold advocacy of the principles OF freedom fearless
lar principles which lie the foundation our system Of 60
vernment, have heard from Of the speakers vindi-
cation OF slavery and the defence of the exvagant claims
put forth in its behalf Instead of asserting the great princi-
Piles OF liberty the debate has fallen from the elevated consd
eraons which belonged the subject the low and patry
ideas of private nteests-of the meul and .u. of slave
property And what sir is the character of this ba bill
lay the foundation of great empire which to spring up
on the shores Of the Pacific What sort Of Governments
does propose establish What guarantees and safeguards
Npasl fnFI for Ihary -aoftl,1
Territories establishes arbitrary desotism and in the
other, although popular elements recognised yet
instead OF asserting the fundamental principle of personal lib
erty It abrogates law which the people that Territory
adopted excluding slavery from it, In New Mexico and Cali
oa proposes to set up complete despotsm, of which
have example in history. The whole power placed
IN the hands OF five menhe governor secretary and three
judges, of whom three will be majority that three men
are to exercise all the powers of Government legislative
ecutive and judicial. They are to make administer and
execute the laws without accountability responsibility
Their powers, too, underlined and unlimited except that
laws be passed contrary the constitution and laws
ofthe United States But neither the constitution nor laws of
The United States afford any security for private rghtsfor
toe rights OF persons and property Phe in the States de-
pend the State constitution and laws In territories where
Congress has exclusive legislation they must depend on the
authority Of Congress- which ought declare and establish
all the great principles of civil liberty These principles are
contained in the ordinance Of 1884, and have most of them
been reamed and adopted in the organization Of Territories
ever since. These five persons be appointed by the
President with the of the Senate from citizens
of the States two thousand miles off, ard can be subject TO
no responsibility, the people Of the Territories have
power check upon them, and their responsibility to the
President from the great distance very little
II has been said by modern writer that 'spower conferred
without accountability is granted for the enef, of the holder
The union OF all the powers OF governmtn-egstve, fede-
raj and execuve-n the same persons, though the
number be sufficiently numerous is said by Montesqueu and
other writers government to constitute despotsm.
Where did ths compromising committee find an example
for such a system this
Mr.. BREEsE. From the Governments established in the
Northwestern Territories.
Mr. Niles. No. sir; the Governments most analogous 10
these those established for the Orleans and Louisiana
Territories But those essentially different In them
there council Of fifteen, which assisted in making the
laws who appointed from the citizens and were re-
qured TO be residents for certain time and landhoders
Certain rights also secured the people; and there
here. know Of example OF such Governments
as these IN this country unless is in the of Sir Ed
mund Andross, who had similar powers conferred on him by
Charles the Second, Governor Of New ork and New
England recent example may be found in the Bril-
tsh Indies the government Of Wanen Hastings and his
council of three very similar.
Are these arbitrary Governments consistent with the treaty
with Mexico by which acquired these territories think
they are not That treaty guarantees to the people similar
rights TO those which secured TO the people Of Louisiana
the treaty OF 1903 cedng that country They are entitled
when prepared to be admitted into the Unon and in the
mean time to be protected in their persons, property and lib
ery Is an arbitrary Government consistent with the
tenance Of these privileges,
And what is the compromise principle in this bill in regard
to the question Of slavery Why ii is said that question
LEFT TO the constitution and the Supreme Court And how
do the committee inform that the constitution settles this
great question Why sir the Senator from Vermont (Mr.
PHELrs the constitution excludes slavery that no law
was necessary or proper because the constitution higher
authority than act Of Congress But what says the Sena
tor from South Carolina (Mr CALHOUN He tells US that
the constitution admits slavery into these territories that
carries slavery wherever extends And the Senator from
Delaware (Mr CLArroS) thinks, if understand him, that
the constitution, by its silent operation will allow Of slavery
IN part OF these territories and exclude il from another part
Surely the question very definitely settled is settled
way in Vermont, another way in South Carolina and in
different manner in Delaware. y
But all this debate about the effect Of the constitution on
slavery IN Territories Of which there has been much this
session. in both Houses is idle talk without meaning The
constitution settles nothing relation slavery. Il only
tends the jurisdiction Of Congress the Territory but does
not itself settle any question Of private rights either of per-
sons or property The only question: then, is 10 the
tue and extent OF this jurisdiction. II is certainly the
same as the jurisdiction the States There il im
ted and defined jurisdiction and does not touch the subject
OF personal rights. In Territories, the jurisdiction Of Con-
gess local and exclusive Whether is derived from the
power 10 acquire territory incident that power from
tnat article IN the constitution which confes on Congress
power to dispose Of and make all needu rules and regua
tons respecting the territory other property belonging
the United States, make difference as in either
case the jurisdiction must bo local and exclusive The power
= not defined nor limited except far the provisions in
the constitution applicable to Territory NAV limit IT, And
there Is little IN the constitution relating private rights which
are among the reserved rights OF the States except the
nces proposed as amendments by the first Congress Those
guaranty important personal rghseedom Of speech, Of
e press the night Of petition Of trial by iury exemption