The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-11-25

protect and regulate it. Slavery is here-here with
out our consent7imposed upon us by England---cast
so oo1e' be- by Sasess as but being h
said the slave States at the time of the formation OF
the constitution and thus it that African slavery,
commencing by imposition and without law. fastened IL
sell upon the country and grew up until is dig
mined by the name OF institution, and sanctioned by
the constitution Itself This interference policy the
true policy for the extension Of slavery ',Letgs alone
says the honorable senator from South Carolina, Mr.
Calhoun pass no laws against slavery in the Terrific
res, is all that the South asks of the North This bill
comedies to the South all that they ask In that particular
Slavery is as Tar Congress concerned Lat alone and
being left to work It's way into these Territories At
will continue be let alone, until finally secures itself
beneath the protection OF slave State constitution then
il will be beyond control Again, i we pass no pro
hlbltoy law slavery will go there under some color OF
right 1t is insisted by distinguished senators from the
South-genemen too. in whose opinion upon this sub
ect the people of the South will have great confidence
that the constitution OF the United States carries slavery
into the Territories and will protect i there, provided
eve that there such power in the constitution, yet
others as sincerely believe that the power does exist
They will act upon n their SPon and will slaves
eving that their property will be protected by
the constitution Under these circumstances. that
constitutional question which you reserve for set
ua and social. will be involved Sectional feelings will
be aroused The peace and safety of the Union will be
threatened Under these difficulties, the Supreme Court
may say that Congress had not exercised its consttu
tonal power to prohibit slavery in the Territory, and did
by way of compromise agree to refrain from passing any
laws prospecting slavery, and slavery being in the
Territory to large amount We the Judges of the Su-
preme Court being also divided upon this constitutional
question: will also compromise the matter by letting sla
ish it. ~ 49, y 49,
do not see why the Supreme Court may not compro-
mise It's constitutional powers well as the Senate If
will endanger the Union to prohibit slavery in Ter
rtory where IT does not exist, how much greater the
danger to expel it after it has taken there Again.
am altogether opposed to throwing this question upon
the Supreme Court consider it more of political than
judicial question 1t has for years entered into the
general politics Of the country 1t has influenced our
national policy, both in war and in peace: From the
foundation OF the government to this hour, has been
treated as legislative question. Here in Congress,
where the States and the people all represented, this
mer times been regulated and controlled To send this
question into the Supreme Court for final adjustment
will be 10 send there all the politics of the country, ma
tional and sectional Presidential elections, executive
judicial appointments. sectional interests, State rights
and State honor will all follow the question into Your
courts like so many suitors and advocates.
In the of the debate, this slavery question has
frequently been called frebrand, the ncendiarys torch
thrown into these halls to destroy free institutions
But what do you propose to do with this explosive mat
ter! To extingulsh 1T No, sir; you only propose 10
smother II for lime to wrap 1t up In this law, and then
send it down to the chamber below, into the Supreme
Court and there, among the deeper foundations of our
ooai ah temple TO- let explode prefer keep this
American people, and here in the legislative department
by majority Of the representatives of the States and
people OF this Union fairly and honestly to settle The
question This will be after the example Of the fathers
OF the republic, and in accordance with the spirit of our
republican institutions. Let that majority decide the
question either way. and / will be content: Neither do
believe that decision Of this question either way by
Congress will endanger the Union. The people of this
country have been too long in the habit of submitting
laws passed by their representatives to resort to null
LITIGATION now They may seek to alter repeal them by
change OF their representatives. but they never will re-
sort to dsunon in order to get rid OF of Congress
Who believes that any respectable portion of the people
OF this enlightened country be excited revolution
upon the question: whether negro slaves shall or shall not
be permitted to go from the sunny South to starve or
freeze death the mountains or in the valleys of Ore
gon and California; This alarm about the safety of the
Union is false alarm, and trust that the Senate of the
United States will not be frightened by of its con-
we should send this question into the Supreme Court
and that that tribunal should in particular case deter
mine the constitutional point would their judgment finally
settle the matter, or even quiet future agitation' If
could believe IN, or even hope that this exciting question
could be finally settled by the Supreme Court would
cheerfllly vote for this bill But i mnst be remembered
that decision under this bill would be founded simply
upon the constitutional right to hold slaves in the Terri
tory There would be of Congress prohibiting or
admitting slavery in the submitted and therefore let
the opinion of the court be either way or the other
upon the constitution the great question which we have
been agitatng here for monthsthe question as to the
power Of Congress to pass laws on the subject
not be touched by the decision of the court.
That question will then come back TO us-it will re-
turn with increased urgency and necessity 1t will come
with more arce on account OF the decision of the court
upon the constitutional questions for that decision may
be founded upon the fact that Congress not only neglect
ed to pass laws, but agreed do in this compromise
law not to pass any upon the subject and will then
be told that slavery admitted rejected, as the iug
ment of the court may be- because Congress neglected 10
exercise its constitutional power upon the question Ii
would be but sad result OF this reference the iudica-
~, if it should turn out, after ALL that the only power
in this government which can control slavery in the Ter
ories is the legislative power But again senator's
from the north from the south prepared to saw that
the decision OF the Supreme Court will be acquesced in
by both sections of the Union final settlement of this
exciting subject have heard opinion from either
ence that political questions of this character are not set
tied by one OF two opinions OF the court The Supreme
Court with John Marshall at its head solennIy decided
that the charter of the Bank of the United States was
constituona yet General Jackson and the party which
he led held otherwise and claiming the right to con-
strue the constitution as they understood it, overruled the
Judgment OF the court and substituted public opinion in
its stead Such fear, will be the fate of any opinion of
the court which may be obtained under this law Public
opinion will sustain 1t IN section of the Union and
public opinion will condemn il in the other; and the fight
will go on until Congress shall settle the question by
positive law.
Permit me also TO call the attention of the Senate TO
this law IN the Territory upon the respective rights of
master and slave Under this system of interference
on the part OF Congress, and by virtue of the new doc
tIlnc that the constitution protects slavery the Terrific
ries, slaves will go there 1t will be found scattered all
over the country wherever slave labor may be profaby
employed 1t will soon become in favorable locations
dominating interest exercising controlling influence
the master believing that he has constitutional right to
this kind of property, while the slave, accustomed from
his birth to obey, and ignorant of the privilege reserved
to him by this bill 10 contest the right of his maser-the
masters rights will be maintained strictly and as rgor
-. .la a. al ~.