The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-22

| to obey Does he deny that
Mr.. SEWARD Yes, air, deny that
IMr s. states that he understood Mr. r 10 nave
added the words, "wben it conflicts with the Con-
stitution,n and replied accordngly.-REP
Mr.. PRATT Then, sir, he denies, Mr.. Presi-
dent, what every man knows be has said have
heard him say it over and over again; and the
Senator's denial does not make untrue what
assert have heard him say, that there was q
higher law.
Mr. SEWARD lin his seat do not deny that
Mr. PRATT. | call upon every Senator VINO
hears me to say whether the Senator from New
| York did not say there was a higher law
higher law than the Constitution, which he felt
bound to obey when it came in conflict with the
| Constitution.
Mr. SEWARD lin his seat did not
| Mr. PRATT. | call upon any Senator upon TINS
| floor other than the Senator from New YORK, 10
deny that he said 30.
Mr.. BALDWIN. As the appeal has been made
to other Senators, ! must say, simply, that ala
not understand the sentiment uttered by the Sen
ator from New York as it has been stated by the
Senator from Maryland.
Mr.. Foo1E lin his seat) Everybody else did.
Mr.. PRATT. | do not know what the Senator
from Connecticut means by this disavowal 1.-The
means that my commentary upon what the Sena-
tor has said is not exactly correct that may be so.
But that Senator cannot deny that he heard
the Senator from New York say there was higher
leW than the Constitution, which he felt bound
to obey when it came in conflict with the Con-
stitutiou.
MIR. BALDwIs. | happen not to have copy of
the speech of the Senator from New York here,
and cannot of course be expected to give the pre-
else words | understood the Senator to state that
there was a higher law than the Constitution,
which was in harmony with the provisions of the
| Constitution
MIR. PRArr. Now, Mr. President, it will be in
the recollection of every one who hears me, that
| in the second speech which was made by the Sen
ator from New York-one which displays all that
preparation which | think every Senator should
give to everything they are about to utter in this
body-which, if it had been displayed in better
cause, would have been worthy Of his country
he reiterated the sentiment contained in his first
speech, and then uttered the sentiment have
stated that there were two antagonist principles
ngrafted originally in the Constitution, and those
two antagonist principles were the alleged equal
ity of man and the principle of domestic slave
ry-the recognition of domestic slavery.
Now Mr.. President, he svowed further, and
think that every one here will agree with me- that
whenever these antagonist principles of which he
Ayas speaking came in conflict With the Constitu-
ton, the higher law would be obeyed oy nIm Ih
preference to the Constitution itself | have
/
! Senator and this is the first time ever heard
any one say he understood him differently from
what have stated. have mentioned il to them
with the announcement Of the intention on my
part to move the expulsion Of that Senator a
member of this body. | have stated that when
that Senator took his seat here, he was bound, as
we were, to comply with that article of the Con-
stitution which says that Senator'S before they
take their seats, shall swear to support the Con-
stitution. | have said to them that if when he
came to the book to take that oath, If he had re-
fused to take the oath, he could not have taken
his seat; or if he had promulgated to the Senate
the reservation which he now makes or has hith
erto made, with reference to this superior law, 80
as to make invalid that oath, there is not Sena-
| tor that would have permitted him to take it.
Therefore sir, il he had not concealed his under
standing OF the obligations which he was about to
take upon himself, he would not have been per-
mtted to take his seat here / contended for this
with his friends, and none of them said | was
wrong in the facts. commended that with these
opinions we ought to turn him out Of the body, as
he never should have taken a seat here
MIR. President now come to the amendment,
Insert after the word That" in the first line,
the following:
Anew Mexico shall, on proclamation by the
President of the United States, be admitted as
State into this Union, on equal footing with
the original States. Provided, That the President,
before issuing such proclamation, shall be satisfied
that the Constitution recently framed by the Con-
vention of New Mexico has been approved and
! ratified by the people of New Mexico in the cleo
ton held for the purpose Of considering it, on the
Goth June last"
Here, then, cir, Is . proposition that Congress
should admit New Mexico rs q State into this
Union with Constitution which Congress has
never seen, establishing boundaries not known to
the Senate or to any one else that we should d.
rect the President Of the United States to proclaim
the admission of New Mexico as State, with
whatever boundaries she may choose to assume,
even if they include half or two-thirds Of Texas,
and whether that Constitution is republican in
its form or not provided he shall believe that the
people of New Mexico are willing Therefore,
If they have established Government not repub-
lican in its form-a kipgy Government-the
provision of the Constitution which says that we
shall admit no State which is not republican in
its form, if by its boundaries it includes part
of Texas that provision of the Constitution which
prohibits separating from the limits Of any State
without the assent Of that State, are to be disre-
garded, and New Mexico is still to be admitted
as State by proclamation, although she does
segregae parts of other States without the assent
of those States, and although her Constitution
may not be in q republican form. Am not right,
then in saying that no one-except the Senator
from New York-entertaining his opinions could
submit proposition like this Am not right
in saying that there is no Senator upon this floor
and ask the yeas and nays to see if there is any
one-who will vote for an amendment directly
violative Of these two clauses of the Constitution
to which have referred?
| Mr.. President, | have desired upon all occa-
sions, and am sure that it is still my determine
ton, to cultivate toward my brother Senators
feelings Of harmony and respect so far as ! am
capable Of entertaining them | will not say
will not pretend to say-that such feelings can
be entertained by me with reference to such a
proposition as this or to the member Of the Sem
ate who made it.
Mr. DAYTON. Mr. President
THE PRESIDENT. Did the Senator from Mary
land ask for the yeas and naysl
Mr.. PRATT. Yes, sir.
Mr.. DAYTON MIR President, | have request
The PRESIDENT. The Senator will suspend I'M
til it is ascertaned whether the yeas and nays are
ordered.
The yeas and nays were then ordered.
Mr.. DAYTON After the yeas and nays are or
dered the request that have to make cannot be
complied with | meant merely to ask the SeDa-
tor from New York whether it would not be bet
ter for him to withdraw his proposition.
Mr.. CLAY lin his seat) object
Mr. PRATT lin his seat) The yeas and nays
have been ordered
Mr. SEWARD IL there is any proposition have
ever made, any measure ! have ever proposed,
which am willing to stand by here, before the
country and the world, il 10 the proposition
have now submitted Therefore, though stand
| alone, 1 shall be content, convinced that stand
right.
do not propose to reply to what is personal
to myself in the remarks Of the honorable Sena-
tor from Maryland. have nothing Of a personal
character TO say. There is no man in this land
who 10 Of sufficient importance to this country
and In mankind 10 insfifx his cnnaumn ion of five