The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-10-14


trust The Legislative power, more especially il was
composed oil the same persons
The question then arose, what shall be done And
mere LEI me inquire what is the question that is TO 90 To
the judiciary 1t is the question arising under The constr
luton, iorthat is the claim of southern gentlemen All
iha was necessary then, provide for an appeal
winch would bring this subject directly before the Su.
pfeme Court as the constitutional expounders OF that in
sument Is there any skulking or lodging here If /
We're al liberty to detail what took place committee
believe mat for one should be eXonerated from the
charge OF lodging IN reference TO this matter But say
here, as said there if there be a constitutional ques
uon IN The case | am willing to leave It's decision
10 the constitutional authorities. l cannot repudl
ale Them Shall we dstrust the coordinate depart
ment OF the government! ! may dsirust the Presl
aeht lie was not elected by my vote oal while
ne is in Office a coordinate department OF the gov
eminent. he is entitled TO my confidence as legislator so
far the constitution submits any matter 10 his constu
tional control How is il with the Supreme Court ?
Shall distrus them Shall refuse to submit the mat
ter 10 their decision belong to class OF politicians
who have uniformly asserted the supremacy of that
court and must confess that have been greatly
prsed find wings OF the north dlsowning distressing
its constitutional authority have yet 10 learn, either
from political friends or political opponents, that that
has in any degree forfeited the confidence of the
country. In the integrity and capacity OF that
have equal confidence Who doubts the integrity the
learning OF the distinguished Chief Justice And who is
prepared TO that that court has become degenerate
and Is filled with such unworthy men, that 1t is not to be
trusted with the power conferred upon by the constu
ton can preach such heresy, and am perfectly
willing to leave this as constitutional question to that
court Ii the court decide against me, will submit If
we cannot trust the power there, where, in Heavens
name, shall we repose II! To what earthly tribunal will
gentlemen refer the question might take it home to
wing in the State OF Vermont; but their decision
would hardly bind the people OF the South. We may
decide 1t here, but to what would decision
My fnend from New Jersey to think that the
country would acquiesce in the decision of Congress-
though not in the decision of the Supreme Court Does
experience sustain the senator in that view Did the
people acquesce IN the decision upon the tariff
Did not the people, instead OF acquescng, take the ber
" OF changing their legislators and abolish that tariff
mot siIaru s
estoPped from finding fault with that last legislation
There Is one point upon which forbear any remark,
except 10 say that II there be any question the prac
cability under this bill of carrying the subject the
Supreme Court, let the bill be amended have been in
formed that some gentlemen, with the view of closing
this whole controversy this point will prepare
amendment removing this objection 1t is not necessary,
then, 10 argue that point But the bill has been most
grossly msrepresented. We told that propose 10
abandon legislative control the subeco call
other department OF the government to act for
u.s. and take the responsibility from shoulders What
portion OF the bill justifes that charge Where will gen
emen find the proposition TO commit this subject, a
legislative question: to the Judges OF the Supreme Court:
should be 10th TO believe that any senator upon this
floor could imagine that such would be the effect OF this
bill. What do you propose refer TO the Supreme
Court? Nothing, as matter of reference We simply
leave that court to exercise its constitutional functions of
determining this constitutional question We leave the
power IN their hands just where the constitution placed
IT, and we do because not competent to with
draw it. Does not the bill place the subject where
legislation but that of Congress bear and pro-
vide for the dicison of any constitutional question which
may lie beyond legislation by the very authority appoint
ed By the constitution itself for that Purpops:se'
the Wilmot Provso' Will they go for the ordinance of
81 Suppose we enact them in this bill And suppose
the court should decide, after ALL that there
stutonal guaranty, as insisted on by my friends from
the South in relation to this species of property, and that
our provision is unconstitutional Suppose further that
extend the ordinance of ST over these Territories
and tina, the they become States they repeal it,
and the question goes to the Supreme Court whether our
ordinance was binding upon that people, How is my
friend from New Jersey in that to withdraw the
subject from the Supreme Court' Will he call upon
them to elinquish that power Does not every gentle
man see that we have left the subject where we must
leave 1t, and that there is no "evason" here'
Mr. MILLER. The senator has misunderstood my ar
gument This bill will present the TO the Supreme
Court without being accompanied by an act OF Congress
do not deny the right of the Supreme Court to decide
upon the legislation OF Congress but If the bill be
companed by act of Congress the Supreme Court may
in It's decision say that according to the constitution,
there being act of Congress nhbtng slavery, slavery
may be established in the Territories but if Congress
acted on the subject having power to do So slavery must
be prohibited.
Mr. PHELPS | was aware that the senator made that
distinction But suppose both he and right that this
act of Congress virtually leaves in force the law of Mexico
is not that legislative the part OF Congress on the
subjects If the question comes before the Supreme Court
they informed that, when these territories into
the Union they came in with such laws, and that Con-
gress left them force Will the court regard the
act of Congress legislative determination the
ter and how can the gentleman distinguish between our
action negatively and action positively Suppose
would the action of Congress add any different constt
tional phase TO the question The senator from Maine
told that every schoolboy in the country knows that
the Supreme Court cannot settle political question
Sir, call 1t political question: what you please,
have | not shown that the legislative power is ex-
haused in providing that the local law shall not be
repealed and if the constitution overrdes that legis
laon, and abrogates that law, how can we remedy
the mischief? What power is there in this country that
can decide the question of the consutonaty OF act
of Congress, unless be the Supreme Court No other
The only alternative is to repudate the authority of that
tribunal But in that case, must deny the authority
of the instrument itself, if deny the power delegated
by ii.
But it is asked by other senators why e did not settle
this question My friend from New Jersey has told us
this morning that the committee raised to settle this
difficult constitutional question beg leave say that
il had supposed that placed on that committee
with that view, would have troubled the COM
mee with my presence. What, sir committee of the
Senate raised TO decide judicial question: and one
upon which the opinion OF every member was doubtless
deliberately formed The committee raised for the
purpose of relieving the Senate from the embarrassment
in which had been placed But to my northern friends
who ask this question, say that haze decided il
legislative question, involving the expedency OF intro
ducing this institution into those territories in exact CON
formy to their principles and mine If, them they be-
lleve with in the esut TO which come, why ask
me why we did not settle this question think we have
settled Tor the time being, far legislation set
tie it. But cannot tie the hands of another Congress-
or bind the supreme judicial tribunal How, then, can
it be objected to the bill that it settles nothing
Other objections have been urged In the course of
very eloquent speech by the senator from Maine were
told that this compromise is all on one side do not
know but the senator is right | take the liberty of re-
mnding the senator, however that if it be all on one
sde he and the last that ought to complain of it,
Tho pgTo f.