Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-09-09


honestly entertained by the gentlemen who advanced them
but they have furnished othersess worthy and less abb
menwlth those opprobous ephets which have been ap
Piled to the BILL If those who proposed it, The who
vocabulary of abuse has been exhausted by who stan
at the anpodes this great question: cry down those
occupy middle ground and whose dearest wish is to reconc
Il them to each other. sand like the the almanac
target for from all the opposite points of the compsss
The moment the bill reported and before its merits wer
understood 1t was asailed by storm Of opposition from
quarter:
Una EurYsque, Notusqus rau,n creberque procelE
! AFRIcus,s
The whole select committee and their bill asailed 70
having eyaded the responsibility which belonged TO Congress
and delegated its power 10 the Supreme Court The Senate
from OHIO (Mr CoRw endorsed this charge BY the Sen
ators from Tennessee and North Carolina the bill was asr
denounced evasve and euse and Senator over Thu
way (Mr NILEs) let himself down low proclaim il
ccwardly is true that the Senator from New Ter
sey, M DAYToN,) who also eoquenly opposed the bill
differed with these gentlemen and asserted that the bill hat
the merit OF being bold frank, and manly measure As f
the Senator from Connecticut, (Mr NILES who gave
ing vote in this body for the resolution annexng Texs am
by that same resolution adopted the Missouri Compromise s
enlng slavery on district Of country large twenty OF the
Stale ne represents commend his political consistency to the
especial consideration OF his constituents The compro
mise game Texas losing one but he will barlIy be
able to hedge enough California to regain their favor
The whole of these charges against the bill being eyasve
and stunning responsibility, arise of and resolved into
one single misrepresentation, which will proceed to
and put shame The misrepresentation consists in this single
decaratlon-tat the bill delegates and refers the Uo,per Of
Congress TO decide The question eher sarery shall eri il
re 1errnogtes 10 me Supreme Court Of the United STATES
NOW the bl delegates power of Congress whaever N
simply provides that writ Of error or appeal shall he had
the suit OF either party, of claim of freedom bv ny
negro in either California or New Mexico 10 the v6eme
Court Every power which Congress had over ty subject
reservej because word the bill proposes to desove that
power the any other tribunal The power of Con-
gess over the subject is political and legislative that of the
court is simply judicial
The great question: 10 settle which the select committee was
raised In the Sene was whether the citizens of the slave
holding States Of his Union have constitutional right 10 EN-
gate to the territories which have been acqared by the com
mon efforts of all the States with their slaves The South
ahrmed this and the North denied it. On this question
the debate in this body had ragged for weeks when made The
nonon TO raise committee composed of equal numbers from
both sections of the Unon and equal numbers from both no.
cal parties The committee, after exhausng every other
eoi 70 elect compromise between the parties reported
oy majority OF twOhirds this bill extend the laws over
the territories TO oganize government composed OF
Or three Judges and secretary, for California and OF gov
erno and secretary, with two Judges for New Mexico These
constituted the legislative power each upon which the gov
erno had no veto and that legislature was restricted so
as 70 De unable TO pass any law introducing prohibiting AT
rcan slavery in the Territories thus leaving Question not
10 the apponees of the President egsate slavery either into
OF out OF the Territories, but combining the decision of the
question OF slavery the Territories themselves 10 the Judi
cla tribunals there, with perfectly secured right of appeal in
all cases. from their decision the Supreme Court of the Uni
ted States Thus both the and the friend of the slave
were entitled To the question at once before the common
arber appointed by The fathers of the republic TO settle all
conflicting questions Of constitutional law, while Congress re-
tanned all lis political and Legislative power over the whole sub
ec 10 be exercised not 10 its wisdom should seem
NJ single decision OF the court made the very first
case presented the term would il was understood
nave settled the question debated in these halls wears past
and which we all know never can be settled here
ny the third article Of the constitution, the judicial power
OF the United States vested in the Supreme Court and in
sucn inferior courts Congress shall establish and is ex
r9.n in and
stutlon The Judicial power being thus expressly extended
TO TINS question: another clause in section declares
mat ~ such cases he Supreme Court shall have appellate
jurisdiction both as TO law aud fact with such exceptions and
nnder such regulations as the Congress shall make"
AT the moment then, in which Territorial Government
organized IN the Territories Of the United States with the
necessary inferior tribunals the appellate jurisdiction of the
Supreme Court is ordained by the constitution itself and the
oath Of every Senator TO support that constitution binds him To
make the regulations under which that appellate jurisdiction
sha De exercised unless can be made appear that the
question forms an perception" 10 the general rule.
Hence preliminary be decided is whether this
question: arising under the constitution between the North
aud the South with any proprety be made an excep
cepuon to the general rule. II can then the committee
which reported this bill may be charged with having attempt
ed to deyoye upon the Supreme Court daty which does
properly belong to It, II II cannot, then the committee has
only complied with the constitutional requisition and the
court derives It's power to decide the question not from the
bill bu, from the consttu which is the real object of at
tack Of all the geographical actonsts who have vented be
spleen against the bill
Now that such constitutional question as this should form
an exception to the appellate jurisdiction of the court is DO
sition which the most hardy will not dare assume II
question hand affecting the rights of Southern men
to the amount Of all the property they could send into
the territories and the other involving the great issue Of
personal liberty Neither Northern nor Southern men will
pretend for one moment that this question: which threat
to shake the pillars of whole political edfce not Of
sufficient importance to ente it TO decision by the highest
tribunal known TO the constitution. No question of greater
importance ever before submitted TO that court
say, therefore, II Is papabe that the BILL so much ved
and msrepesenied is but simple compliance with our oaths
support the constitution, which co nmands Us 10 make the
regulations under which the Supreme Court shall exercise It's
appellate jurisdiction in this very case Had the members Of
the other House given themselves time to reflect il IS quite
impossible they could have rejected it, because the Judges
were by the regulations Of the bill decide judicial ques-
ton which the constitution ordained them to decide and COM
manded US to make provision enable them to decide
The Senator from Ohio (Mr CoRwIS) has in the fee
Of this constitutional reqution upon ALL himself ncIu-
del objected that the improper tribunal to decide
the question. What right has he any other man TO make
such objection II the constitution has not ceased 10 be
condemn thebll such preteEt that "Oh but -
he, "se Of the judges live the south side Of Mason
and Dxon line, and therefore they will though very honest
who live different sides Of that nen favor of their own
section. think have had little more experience in the
Senate than the honorable Senator himself and deny that
80 utterly lost TO all Of shame constitutional ques-
ton as 10 Justify the asperon cast upon IT, The OF
constitutional law expressed this very bill do not Justify it,
n pbatas al