The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-05

either of these gentlemen or the gentleman from Georgia
on the other side OF chamber. Mr JoHNsoH,] or the
thoughtit exceedingly wrong that should attempt TO
restrain the Almighty an the execution Of bis purposes as
revealed to ps by Noah-can suppose that these sena-
tors, with all the terrible responsibilities which press up
on US when engaged ID legslating for whole empire,
came TO their conclusions without the most anxious de-
hberahon And yet, on one side OF The line. in the
slave States, the constitution reads yea while on the
other, alter the exercise OF an equal degree OF ntc-
geDce, camness, and debe ration in the free States the
constitution Is made 10 read nay.
admire the Supreme Court Of the United States
tribunal admire the wisdom which contrived IT. re-
oce N 'hs go3a consequences TO this republic from tho
the United States Here the most august body the
world, they say, composed Of who have wasted the
midnight oil from year 10 year-men who cloisters, in
of ripe experience, and suddenly their mighty nellects,
able to everything however minute, and compre-
bend everything however grand. utterly fail them, and
they kneel down in dumb insgnifcance, and mpore the
Supreme Court to read The constitution for them. think
the senator from South Carolina must have had some
Light upon the subject within the last few years, and
that several of my democratic friends all sides OF the
chamber must have been smtten with new love for the
power and wisdom OF the Supreme Court Do YOU re-
Jersey to-day, recollect very well when we did not
stop to inquire how the Supreme Court had decided or
ordained. Ii had decided, with John Marshall at its
head-a whose lghtest conjectures upon the sub
ect of constitutional law have always had with me
much weight as the well considered opinion OF al
most any other man-that Congress had power to es-
Infinite scorn did democratic gentiemen-Jackson dem
ocrats as they choose 10 be called-cur their lips
when referred to that DECISION Of the Supreme Court
Then the cry was, I'VE are Judges for ourselves
we make no law unless we have the power to enact
it, Now, however, the doctrine is, that there is one
ever. we are 10 thank God that though all should fail,
there is an nallbe depository of truth, and lives once
a year for three months in little chamber below US
We go there Now understand my duty here TO be
TO ascertain what constitutional power we have and
when have ascerained that, act without reference tn
what the Supreme Court may dofor they have yet fur
nished no guide on the subjective are to take it Tor
granted that they will concur with agree with gem
emen who have been lofty in their eDcomiums upon
that court that their decision, whether right or wrong
controls action. But have not hitherto endea-
vored to ascertain what The Supreme Court would do.
wish next to ascertain in what mode this wonderful re-
spouse is 10 be obtainednot from the Dephic Oracle
but from that nfable divinity the Supreme Court How
is il TO be done gentleman starts from Baltimore,
Maryland with dozen black men who have been slaves
he takes them to California, three thousand miles OIL
Now, do not know how il may be in other parts Of the
world, but know that in the State of Ohio do not
travel three thousand miles TO get justice What then,
get at the meaning of the constitution 1t the
meaning OF the constitution IS 10 be forever hidden from
until light shall be given by the Supreme Court Sir
this bill rich and rare legislative curiosity
1t does not enact ga law which had supposed the
usual function of legislation No, SIR il only enacs ga
lawsuit" So we virtually enact that when the Supreme
Court say we can make law, lien we hare made it
But, sir TO have fair trial Of this question, as to
make eectua TO keep slaves out OF Territories all
become numerous there. If slavery goes there and re-
mains there for year. according to all experience is
eternal. Let it but plant its roots there, and the next
thing you will hear will be earnest appeals about the
rights OF property Ii will be said "The Senate did
say lcc had no right TO come here. The House Of Rep
reseniatives, body of gentlemen elected from all parts
of the country OF their sagacity and legal
a,aiuments, did not prohibit from coming here.
thought had right to come here: the senator from
South cna said had to the
his colleague said it was right secured to me some
where high up in the clouds, and not belonging to the
world; the senator from Mississippi said it was the ord
nance of Heaven, sanctfed by DEGREES and revealed
through prophecy; am not then, to enjoy the privileges
thus fully secured TO mel have property here. Sew
seqtur uentrem born with them they my property"
Thus the appeal will be made to their fellow citizens
around them and it will be asked whether you
pared to strike down the property which the settler those
Territories has thus acquired That will be the case,
les the negro from Baltimore when he gets there and
ss sss but ey
should determine to avail himself of the admirable fac
lies afforded him by this bill for gaining his freedom.
Suppose my friend from New Hampshire when he goes
home gets up meeting and collects fund for the pr
pose OF sending missionary after these men, and when
The missionary arrives there he proposes to hold prayer
Yankee times, for the Improvement Of gifts" He goes
10 the negro quarter of this gentleman from Baltimore,
and says: Come want this brother it is true he is
son OF Ham, but want to instruct him that he is free
am very much inclined TO think that the missionary
would fare very much did in South Carolina at
The hands OF him from Baltimore This bill snpPoses the
negro is 10 start all at into free Anglo Saxon in
California the blood Of liberty flowing every vein, and
its divine impulses throbbing in his heart He is to say
" / am free; | Californian; bring the right of
tobeas corpus with me- At last he is brought up on a
writ of hdbeas corpus-before whom! Very likely
Of those gentlemen who have been proclaiming that
slavery has right go there for such the that
Mr. Polk is likely TO appoint He has prejudged the
On the faith OF his opinion the slave has been brought
here. What can he do' There is his recorded Judgment
printed in your Congressional report What will he say
- on slave Mr.. CALHOUN right. Judge BER-
RIEN OF Georgia, profound lawyer whom knew well,
was right. know these gentlemen well. Their opin.
entitled 10 the highest authority; and in the face OF
it, il does not become to say that you free--so.
se9tur uentrem you not quite enough of Saxonp'
What then, to be done BY this bill Oh writ OF
error appeal come TO the Supreme Court of the
United States How The negro, if he is TO be treated
like white man, taking out an appeal, must give bonds
in double the value of the subject-matter in dispute
And what is that If you consider it the mercantile
value OF the negro il may be perhaps 81 900 900
But be cannot have the appeal according this bill,
the value OF the thing controversy amounts TO the
value OF 81 900 But then, there this ideaiy
Of personal liberty. What is it worth Nothing at all
says the senator from South Caroina) to this fellow.
who is better without it. And under this completely OF
egal Qubbng and litigation, il is expected that the negro
ing on to Washington, will prosecute bis appeal two
years before the Supreme Court enjoying the opporun
~ OF visiting his old friends about Baltimore! Laugh
teri
And now, Mr. President, il we have found, upon the
opinions of of old. upon the observations OF
past and pre- time, that involuntary slaveryis not
u profitable, or beneficial TO either master slave that
such institutions only become olerabie because, when
ong established the evil less than those consequences
which would follow their sudden change, think il will