The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-24
CONGRESSIONAL.
SPEECH OF MR. BAYLY,
OF VIRGINIA

SPEECH OF hN- bAfLf,
| VIRGINIA,
In the House of Representatives., august 3, ls4s--lr
Committee of the Whole The state OF the Union
upon the compromise bill of the Senate.
Mr. BAYLY said:
Mr. CHAIRMAN do not rise examine. at any length
the which have been offered behalf Of the
jonty in- this House by the gentleman from Tennessee
MIR CRozIERl Tor LAYING the table in such summa
ry manner-and under the circumstances OF tho case,
think may add, with such indecent hasteth bill from
the Senate providing for the organization of territorial
governments in Oregon, California, and New Mexico
The gentleman informs us that at this late period of the
session. II is important TO time; and il
tain the bill would not pass the House, it considered
expedent to dispose OF without debate, and in the
most expeditions way 1t is true, il is al all times i'm
portant TO economist time But considering the absorb
ing character OF the subjects involved in that bill the
deep and intense interest which taken in them every
part OF the country; the conflicting and apparently
reconcabe views prevailing respecting them; and the
difficulties OF satisfactory adjustment considering the
character OF the committee OF tie Senate which reported
the bill; the difficulties it encountered; and the strong
majority by which passed that august body-and, above
all, considering the strong anxiety which must pervsde
every patriots heart that the excited passions of the ma
ton should be Gained, aud the question settled upon
firm basis ;consderng all this do think that the ma
might at least have shown the Senate respect enough
permit their bill, prepared with so much labor and
to be read and before its fate sealed TO order il
be printed, that the House might vote with precise
knowledge OF its provisions. But far from this being
done, the bill is brought before the House than
dsparagng remarks made of il by the chairman of
the Committee Territories, not at all justified by lis
characters they are followed up by motion lay the
bill on the table, and opportunity to the friends of the
bill to say word IN reply was rudely refused And
how much time has been saved in consequence! How
much did any suppose could be saved by such pro-
ceedngs' Let the discussions of the last few days
swer. The fate of the bill scarcely sealed before a
regular debate commenced that side OF the House
upon its provisions, and has since progressed to this
hour. We implored you, before you hnally condemned
the measure, to allow its friends to defend it. You de-
cided to condemn first, and hear afterwards But, sir the
country will not pass summary Judgment upon the
therefore, propose to discuss it, And in doing So
shall have occasion TO OF the many speeches
which have been made in reply TO the argument had
the honor to make in May last, upon the extent of the
power OF Congress the Territories
| The gentleman from New York [Mr. DuER] has &C
cused me OF Inconsistency in being willing to vote Tor
Congress to egsate for the Territories respect to their
internal affairs The ready TO this accusation is.
that the bill in question proposes to exercise no such
power proposes forms OF government, but has not
one feature in it paraking OF the character OF law
There is private right conferred by it, penalty
imposed Tor its violation There is private pub
lie wrong defined. remedy provided against it, 1t is
form OF government and the clauses referred to le-
gislatve in their character, anything else So far
partakng OF the of gisatiOn, they de-
claatfy restraints upon the legislative power and they
are organic in their characteristics
The distinction between form of government and a
law, which very clear to my mind attempted TO de-
fine in the speech made on the occasion referred TO-
then undertook 10 show constitution to be, that by
which the powers of government prescribed and
limited; law, by which the conduct OF individuals lis
regulated and controlled. constitution is rule OF
ton the officers and the different departments of the
government; law, the rule OF action to the community
large No matter from what source constitution pro-
ceeds all those who take and hold office under II, are
bound by it long they do II Is their commas
BY accepting office under it, they have consented
TO be bound by its provisions And not only may public
officers become bound in taking office under it, by con-
stuon which has been proposed TO them by Others but
whole community may assen to 1t by complying with
its FORMS But very different is the condition OF the peo-
pie large with respect to laws. know of no way by
which community can assent to a law, except IN It's
recognition enactment by legislative body composed
of their representatives. constitution is the form OF
action; legislation is action itself The the
the other the result
undertook to- show further, that this distinc-
lion familiar in history Oar foreahers never OBJ
ected to the British king granting to the colonies charters
containing forms of government; and they never were
regarded of Legislation, which could only be ns
tued by Parliament They were restrictions on the gov
eminent voluntarily imposed by the government itself
tor the benefit OF the colonies But they always denied
the right of the mother country to isate IN reference
to the domestic affairs OF the colonies These charters
little else than constitutions in our familiar political
of the term and IN many Instances were acquesced
in by the people long after the British authority was
expelled indeed in one case until within very late
period. In others, they changed in short period
after the declaration OF independence, either at the in
of the colonies themselves obedience to the
| recommendation OF the Continental Congress- but gen
orally by conventions, having direct authority to do
So And in consequence al time, the validity OF
those constitutions was very much questioned. This
particularly the in Virginia. The convention
sanction of laws and it was not deputed by the people
with express reference 10 the formation OF constitution
The result was, that It's authority was questioned But 1T
maintained THAT the people bal received II as con-
srituon The magistrates and officers, down to a
stable had been appointed under it. The people ha fet
its operation and acquiesced and 1t is confessedy their
assent which gives validity to constitution. These
views prevailed; aad the constitution, thus indirectly
receiving the sanction OF the people, endured Tor more
Than hall century; AMI after such lapse OF une
many of people were unwilling to change 1t Tor any
other
TO this it is answered, that in concedng the power in
Congress to propose to the Territories forms OF gov
ernlnen | surrender the whole question, inasmuch
as the minor power is contained in the major
| government to people is the major power, OF
which the power OF leIsla ion is the MINOR originates
in confusion OF ideas growing out OF the solemn man.
ner which most OF constitutions framed ami
adopted and the character of OF the provisions OF
them But to sustain the general proposon that the
power frame form OF government is the major wer,
Of which the power OF legislation is the minor 1t is neces
and accepted by the people in the solemn manner Just
mentioned This will scarcely be attempted Ii II should
be- would be successfully met by the history OF most
constitutional governments and particularly oy inc IN
stance in that of Virginia. already referred TO- Ii thc
body of gentlemen in Virginia which framed her nrst
constitution, had undertaken to pass laws conerrng
rights and providing remedies and the question Of their
avor of the validity of the constitution framed oy the
same body, and had been argued that as the validity
Of the constitution had been conceded that OF inc law
could not be contested, the minor included IN the
major think the argument would have been listened to
with very little patience. goo
And notw outstanding the imposing circumstances I'M
Ter which of constitutions framed, the
fctl cor ~ IS u.,,,