The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-27

as much land as he pleases Well what are you to dol
Are you drive him out at the point Of the bayone
But suppose you grant another paten. q Inc adjoining
controversy arises between those two pen what Is to be
done Why suppose they must fight i out; because,
although you nave me m 2, e aio 70
Interfere in the controyersy and you must therefore,
make your obesance to these two individuals holding
under your patent, in the character OF mediator be-
tween these two hostile s.communitiss" Sir, win not
follow the subject any further suppose, Mr. President
the provisions contained in our constitution were intended
to be practically sufficient TO some purpose i
suppose they intended the great purpose
OF government; but II our powers with respect TO these
territories are such as gentlemen suppose, all have to
is the whole constitution put together is not worth
the controversy which has grown out OF il.
had designed, sir, to allsde to another subject. and
means extraordinary that the discussion oi this subss, Of
slavery should produce excitement II is BY no means
strange that excitement should be carried TO an extreme.
and il is from this consideration that men, under the in
Auence Of an excitement produced by slate Of affairs
like this. will sometimes do what in their cooler moments
they would have avoided This lies at the bottom OF my
apprehension in relation to this matter.
Sir have heard much of the purposes and the deter
mnaton Of the people OF the South To what point that
determination ends what that determination precisely is,
how far reaches its design and purpose is not for me
say hope and trust that il reaches no further than is
consistent with the rational and constitutional protection
Of their own rights or such rights at most as they ;ap
President goes no further than sustain their integrity
as States, TO maintain their exclusive jurisdiction over
their own domestic affairs nobody has the right to inter
termination of the South in regard TO this natter goes
further than preserve the honor OF the South and to
secure what due to her domestic institutions, she has
right boldly and firmly to maintain these against all en-
croachment and the gentlemen oi the South that
she will have difficulty in doing hs there viii pc no
obstruction thrown her way by the North NO lnva-
sion Of rights in this respect need be apprehended-no
interference; am willing to engage, s that sne shall
be undisurbed in the administration OF her internal
affairs throughout the whole extent Of her domain She
may line her whole frontier from The Atlantic to the Mis-
sssppi with bayones; will be bloodess warfare; she
will have no enemy TO contend win. nave no aPpLe-
beyond this.
Before we suffer ourselves to be excited or alarmed It
is WE'LL perhaps to ascertain IN what position we stand.
probable and what It's possible results Sir, we nave no
contest with the gentlemen OF the South about the ns
tuition Of slavery !! exists IN the States & VIVA. " men,
power OF Congress to regulate the subject within the Ter
rories while they remain such. This power denied,
least to certain extent Here then, the ISSUE Does
it not result in question OF constitutional construction
have had occasion to discuss this question heretofore
with distinguished gentlemen OF the South We under
stood ourselves discussing constitutional question:
What are our powers under the constitution Can we
can not put hands upon the institution within
the Territories and or is it not subject to our control
Sir If il is as il to be, mere constitutional
question: it is not matter to be settled by violence. tH
matter TO be discussed coolly and calmly.
Such being the character o. the issue wnat
ever determinations may exist here or elsewhere, and
however firmly and earnestly the issue may be maintain
ed by the respective parues it, yet gentlemen will per-
NIT me TO say that all threats and violence AZ PURPOSES
OF dsunio of separate independent Stale acon and any
and all not justified nor called for by the cons
tuon, in my judgment at present altogether Pfema.
ture Sir Congress not yet attempted 10 exercise the
power in this is, in relation to the newly
acquired Territories Before we talk OF dissolying the
Union let wait and whether Congress Will exe-
else it, II, sir, it should turn out that the Wilmot Prov
So or the ordinance of l7s7 cannot be passed through
Congress- certainly shall not attempt TO carry either
into execution by force But, sir suppose Congress
incorporate the ordinance OF ST into act establishing
territorial governments has The time then arrived or
dsunionl for resistance 70 the consiiuuon mas tne
time then arrived for independent State action, Or any
extreme measures not warranted BY the constitution
itself fs6fft4 slfF4
Mr. FooTE. 1t would be usurpaion, -, 9is
il he pleases But repeat the question, suppose The Wl
mot Proviso should pass: Has the time arrived Tor
separate independent State acon BY way oi 70
please No. sir not yet The consultation has provi-
ded It's remedy The trainers OF that foresee-
ing that there might be difference Of opinion IN defining
precisely the powers conferred BY it, have provided
peaceful tribunal for the adjustment OF such controver-
ses-iha tribunal which sits in the chamber below us
Mr. President, Qhe Supreme Court) II Is Tor Them TO
pass pas on aI he validity Of these ordinances. ..7
Sir, we told yesterday that we had nothing 70 DO
with their decisionthat we are 70 follow our own opn-
ion, without regard to their adudicatons and are 70 pc
guided solely by our own judgment All thus may be
lrue to certain extent In giving our votes here, we
are guided by the dictates Of our own Judgments and
we lOIm VI whe' az
what is not But, sir when law comes to be enacted,
and the question whether that law constitutional or
moi is raised the decision OF that tribunal whether
or is not constitutional, binds the government ana de-
cdes the Executive whether 10 put the law IN force or
not The law itself is abrogaled virtually and in effect
by the decision OF this tribunal Sir, Is not The path be-
fore us plain When the judgment Of this body and OF
the other House passed upon this subject and the Will
mot Provso is adopted if the constuponallty OF the en-
actmen is doubted, here is constitutional tribunals set
Now, sir, will or will net the North and South both
submit to its decision Will either party attempt to de-
eide on the constitutonality OF the law in anticipation OF
the decision OF this tribunal and set that decsion At de
ancei Sir repeat that when these measures, oB
ensive as they may be regarded in some quarters are
passed here the time for resistance IN any oher shape
than in following out the remedies provided by the con-
tion has moi vet arrived When the decision OF that
tribunal is should it establish the power for
which we at the North contend, it will then be fully IN
seasoneary enough for the gentlemen OF the SCUM 70
begin to calculate the value OF the Union and
whether they any longer live under IT. as exPounoea
by the various departments OF the government on, We
have many stages 10 pass through yet many cohun-
gences to encounter before begin to tax Oh breaking
no the foundations OF our political temple. M.a,
Mr. President, 4 alluded, In the commencement Of my
remarks 10 measure that brought before this body
some months ago: a measure which was, in my judg-
ment lhe only one which could be resorted to with the
sI;ohiest hone at that time o adjustment OF this ques
ton Sir am free to say was disappointed IN some
respects in finding gentlemen OF the South giving their as
sent TO that proposition IN manner that appeared 70 me
hardly consistent with their professed opinions. Sir
instrument with view OF Cancellation and settlement
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