The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-05

friend from New Jersey has aready suggested, get his
case into the Supreme Court about AOaN as the free
coored citizens of Massachusetts, Imprisoned in thu as
OF South Carolina for coming there 70 enjoy ths rights
privileges. and imrunities secured e ts ss!1ens Of
every State by the constitution. have been able to get
their cases before that high tribunal $3.50
Sir, If Massachusetts and her distinguishes commis
soner whom she sent 70 provide tor the professor o.
senator seriously believe that poor frendIesc slave
three thousand miles from this capital 10 the interior OF
New Mexico or California, would be able present his
case to the Supreme Court for decision! 'N4"t
But even II your laws had made adequate pfovsion-
which they have MOTTO secure to him The benefit OF
such resort, would it be proper or dgniRed course
for The American Congress to pursue. leave this great
question of national policy to be settled in this way.
through the nsrumentaity of slave. Is il expcdicnt
for throw of the responsibility of legislative acton
and impose the judicial tribunals the decision Of
exciting political question Of sectional character, deeply
citing the prosperity of the extensive regions of which
we have acquired the domnlOnl
Sir entertain feelings OF the highest respect for the
Supreme Court of the United States The people have
long been accustomed regard with feelings of pro
found veneation and conidence trust the time will
arrive when that confidence will be impaired
shaken But does not every senator perceive that the
inc vtabe consequence of the passage Of this bill will be
10 the appointment of the Judges hereafter to be
made with reference to the opinions OF the candidates on
this question And thus, by making the court sectional
its very organization, to impair the confidence of the
people in it's impar,aity Nay. not apparent that
ment Of discord into every presidential election
tribunal for it its decson and hat Se court in
and his cabinet and with the action of Congress the
Missouri compromise, should decide--as | doubt not
n n Ssg ns to
law which the policy of the nation may require for
their government When the poor slave, who has come
which proposed by this bill to send in advance to the
Supreme Court for its decision, in the moment of his f
umph is beginning to exu in the anticipated realization
of his dreams of liberty what will he be told True.
Congress have right, it will then be said to prohibit
slavery in the Territories but have they done so So
from It, they have only abstained themselves from
the Territorial government they have established 70 egis
late at all on the subject Congress, being in the full
would surely have done and the Supreme Court
would then be called to decide. not whether law
the Territory, but whether the absence Of any law
the subject, and absolute prohibition to pass any,
would have that effect. This is question on which
the views Of northern and southern lawyers as express
ed on the floor of the Senate, have toto cello differed 1T
is question which, believing as do that we have the
Of excusion am unwilling to leave n dGSSt as
slavery shall exist not in these Territories, is
which emnenty belongs to the legislative department of
the government, in the hrst instance, to decide.
On that question, question OF national policy and
Justice have already had the honor to address the SEN
ate What then said, it is not my intention now to re-
peat
Sir lido not believe it to be the interest m the desire
of the OF the population Of the southern States TO
nave slavery % b 70 so.S M s M
have need of territory to which they may emigfate
with the assurance that they and their families will for
ever be exempt from the evils of slavery These opn-
IONS am well assured are prevalent among the people
of Western Virginia. North Carolina and Kentucky.
They prevail, if mistake not to considerable extent
also in Missouri and Tennessee. II slavery is extended
these Territories the free laborers of the South
we'll as of the North entirely excluded. To those
who desire to emgrate with their slaves immense and
fertile regions where slavery exists are already
open to an extent sufficient for their for century
to come. t.
Under these circumstances them sir, while the Terri
tories yet free, it is, in my opinion, the imperative
duty of Congress to settle the question and forever
in regard their future destiny The responsibility
on us. We cannot avoid it ii we would. Justice to our
constituents and all who may be affected by action
requires that should meet it promptly And have
that confidence in the patriotism of the people OF the
southern Sta es to whom much has already been
ceded that entertain fears of dsunion the result
of any legislation may adopt for the exclusion of
slavery from these Territories Politicians, representing
the capitalists of the South may continue to cry "Gve
give " but mistaken if the people of the southern
States they calmly survey the costly acquisitions of
slave territory already made and contemplate the future
results of this policy, will not be ready to exclam, 1t is
enough"