The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-27

violation of the Constitutional the United States TO
! do He referred TO the only instance where ho
knew of this higher law being suspended, and then
Il was when 1t was decreed that all men should
| bow down only 10 the image OF the king OF the
Modes and Persians for the space Of three days,
aud the punishment for not doing TO be cast
into den OF lions. He did not know that such a
decree had been revived from that time to this.
! lie urged that higher law, the law Of the Su.
preme Ruler OF the Universe, was recognised by all
men, and that to appeal to such law was not Il
| violation of the Constitution.
MIR. PRATT said that the Senator from New
Hampshire had made one of his usual speeches.
| The same smooth phrases and words were used to-
| day that he used on all occasions. The Senator
had applied his remarks to state Of facts that did
| not exist, and that was the usual mode in which
| the Senator met an argument. The Senator had
as he always did, assumed state of facts TO suit
his standing set of phrases and had not adapted his
language the fac ts they existed. The Senator
| knew that he had done this the Senator knew that
the facts of the argument were not as he had stated
them. He was replying TO the position that there
was law above the Constitution, and which was
to be obeyed when they came into conflict. This
the Senator knew what he had replied to. Yet
the Senator had addressed the Senate, assuming
that he (Mr. P.) had denied all obligation to the
Sovereign Power Of the Universe.
The Senator from New Hampshire had placed
him in the position of having denied all obligation
10 the Divine law, the precepts of the Bible. He
had as much regard for the Supreme Power, whose
name IL mere, ocI-
ator.
MIR. HALE called the Senator to order.
MIR. RUSk asked that the words be taken down.
Mr.. HALE read the words for which he called
the Senator TO order, follows: "That Supreme
Power whose name is 80 frequently desecrated here
by that Senator"
| After some remarks by Mcssrs. CHASE, BUT
| LER, HALE, and PRATT,
The CHAIR said that he did not understand the
Senator as having used the words written down,
| he would have interfcred The language now be-
fore the Chair was certainly out of order.
Mr.. PRATT said that nc had in the first instance
confined himself to commenting, not upon the ex-
isence of sovereign power of the universe, but
upon that hi CHER law which would justify man in
| swearing to support the Constitution, while men
tally rcserving the right to obey another law,
in violation of the Constitution.
He regarded the higher law of which the Sena-
tor from New Hampshire spoke, instead of author
izing man 10 swear to support the Constitution
with mental reservation, making the obliga-
ton to support that Constitution doubly strong in
consequence of that oath. The Senator from Con-
necticut understood the Senator from New York to
speak of law higher than the Constitution, which
was in harmony with the Constitution. This was
the law of Heaven, which made the obligation to
support that Constitution inviolabe. But that was
| not the higher law spoken of by the Senator from
New York; that Senator spoke OF higher law
which, when it contliced with the Constitution, he
to obey, regardless of the Constitution and his
oath to support it. For the assertion Of such law
he had alluded 10 the Senator from New York, and
under a supposed obligation to his OATH now that
he acknowledged none as against this higher law,
he should be expelled. And if the Senator from
New Hampshire held similar doctrines and posi-
tons, ae would chcerfuly unite him with the SEN
ator from New York in the expulsion.
Mr.. BALDWIN read from Dir. SEwARD's speech
the only sentence in which he had alluded to the
chi Cher law" 1t was to the effect that there was
a law higher than the Constitution. That the Con-
stitution devoted the public domain to the pur-
poses of Justice, defence, welfare and liberty and
that the law higher than the Constitution regulates
our authority oyer the domain, and deyoes 1t to the
same noble purposes
MIR. SEWARD said that the speech as read by
the Senator from Connecticut was verbatim as he
had delivered it.
MIR. DAVIS, of Mississippi, said that he had been
absent from the Senate for a few moments. When
he went out an amendment was pending on which
he was prepared 70 vote, he had been ON all prop
ositions connected with this bill But on his re-
turn he found the Senate engaged in theological
disquisition, and his mind was not prepared to
vote upon it at present. He wanted at least one
night for reflection, and the debate had closed
with prayer by brother BALDWIN, he moved that
the Senate adjourn. [Laughter.l
Mr.. CLAY asked the yeas and nays, which were
ordered; and, the question being taken, the Senate
refused to adjourn, as follows:
YEAS.-Messrs. Baldwin, Barnwell, Benton,
Butler Chase, Clarke, Davis of Massachusetts,, Da-
Wis Of Mississippi, Dayton, Dodge of Wisconsin,
Greene, Hale, Hamlin, Hunter, Mason, Miller,
Morton, Seward, Smith, solle, Turney, Upham'
and Yulee-23.
NAYS.-Messrs Atchison, Badger, Berrien,
Bradbury, Bright, Cass, Clay, Cooper, Dawson,
Dickinson, Dodge of Iowa, Douglas, Downs, Fetch,
Foote, Jones, King, Mapgum, Pratt Rusk sebas-
tian, Shields, Spruance, Sturgeon, Underwood,
Wales, Walker, and Whitcomb-2S.
Mr. CHASE and MIR. FOOTE continued the de-
bate ON the "hig CHER lay - expulsion, &c.
The question was then taken the amendment
of Mr.. SEWARD, and il was rejected by the follow
ing vote:
YEA.-Mr. Seward.
NAYS-Messrs. Atchison, Badger, Barnwell,
Bell, Benton, Berrien, Bradbury, Bright, Butler,
Cas-, Clarke Clay, Cooper, Davis of Mississippi,
Dawson, Dayton, Dickinson, Dodge Of Iowa,
Douglas, Downs, Fetch, foote, Greene, Hunter,
Joncs, King, Mason Morton, Pratt, Rusl1, Sebas-
tan, Shields, Smith, soule, Spruance, Sturgeon,
Turpey, Underwood, Wales, Walker, Whitconb,
and fulse--i2.
Mr.. BERRIEN moved that the Senate adjourn;
and the question being TAKEN was decided inahc ar
hrmative, follows
YEAs.-Messrs. Atchison, Baldwin Barnwe,
Bell, Benton, Berriep, Butler, Chase, Clarke, Da-
Wis Of Massachusetts, Davis Of Mississippi Dawson,
Dayton, Greene, Hale, Hamlin, Hunter, Mason,
Miller Morton, Sebastian. Seward, Shields Smith
soul6, Spruancc, Turney, Underwood, Upham,
and Yuiee-J0.
NAYs.-Nessrs. Badger Bradbury, Bright
Cas-, Clay, Cooper, Dickinson, DOLCE Of Iowa,
Douglas, Downs, Fetch, Foote, Jones King, Pratt
Rusk, Sturgeon, Walker, and Whitcomb-l9.
And the Senate adjourned.