Southern patriot. (Houston, Chickasaw County, Miss.) 18??-18??, 1849-10-02


the vexed question OF slavery. Il
leaves that 20 be decided by the PEG.
pie Of The Territories, when they are
n suilicientnumters TO be admitted
as States, and are engaged in form.
ing their state constitutions. IN THE
MEANTIME, IF ANY QUESTION
OF FREEDOM OR SLAVERY
SHOULD ARISE, THE JUDlCI.
AIRY WILL TAKE COGNISANCE
OF 1T, NOT By VIRTUE OF
ANY PROVISION III THIS BILL
BUT IN THE EXERCISE OF
THEIR PRE-EXlSTING JURIS-
DlCTlON. An thatit does in this
regard Is TO speed the decision Of
the case by the appellate tribunal.
In what sense this can be said to be
a surrender Of Southern rights, | am
totally at loss TO understand. Ina
Government like ours, that which is
properly called a right is something
acknowledgements Of being main
tained IN judicature, and thereout-
something which a court Of Justice
would be bound 20 recognise. To
say that we have no right which the
highest judicial tribunal would recog.
Mise, IS to admid that we have no
right at all, but such as Congress
may be pleased TO confer upon US
is to conceede in its whole extent the
argument which is urged in support
Of the right oflhe North to the exclu.
siye enjoyment Of these territories.
Now, sir. do not entertain this op-
inion III did, i'll thought that in
strict law our right could not be
maintained, with the conviction
which ! have Of the undoubted euui-
ty of the claim Of the South TO parti.
cipate in all acquisitions made by
the expenditures Of the common
blood and treasure of oil the States,
/ would have remained silent. and
would have left the argument to be
sustained by those who were to profit
by its allowance. / have asserte d
the claim Of the South, and | am
not willing to return to my constiu.
ents and tell them that | have asser.
ted that claim, but had not sufliient
confidence in its validity to trnst il
to judicial decision"
Now mark the language. In the
meantime if any question Of freedom
or slavery should arise the udiciar,
will take cognisanco of it, not BY
virtue Of any provision in this bill
but in the pre-existmg jurisdiction.
Well what was the pro-existing iu
risdiction, of the judiciary! Coulc
the judiciary in the absence Of thi,
special legislation take cognisance o
questions Of freedom and slaveryl'
certainly. The 2rd section Of the
Bird article Of the constitution, clearl,
confers upon them that power; be
sides it is almost universally conce
ded. Does the editor of the whig SEE
how, how Col. F. can go for min
/ teryention and at the same time a!
far as the fartherest for protection.
The reader VIII pleceiye the derenct
ofthe positions occupied by Col. F
and Col. IL. Col, II. advocating
special act by Congress for protection
while Col. f. extends protection un
der the constitution through the Judi
ciary. Now we ask which protection
is the most efficient! which goes thu
Ifarthorest to extend substantantia
protection! Col. F, in relying upoi
the constitutional Col H.with his idlr
scheme of asking protection of tn,
hands of a despotic majority in tn,
shape Of a special act by Congress
which does not possess the powe
over fit had the will.
But the editor still further has III
hardihood in the very face Of Nj
Calhouns positive language, to den
that he repudiates the doctrine {
: Congressional interference on tn
subject Of slavery in the territorie.
and gives several extracts from hi
speech Of the 27tn inst. 1917, (184s
in which he did not deny that Con
} gross had any power over the terrific
ries. Who does deny that Congress
{ has any power over the territories
! Col. does not. He denies a
{ does Mr. Calhoun that Congress ha
the absolute power over the terrific
, 80 w ,,,l-, flc c.lf.,,-...-. I - a.