The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-10

in his St Louis nan spSetiJ saiNA
Not satisfied with excluding from California they pro
eseded to shut Of Utah and New Mexico by terrific
a HI TeeTed the matter to the decision OF tribunal
majority of whom are your en- miles,
Would any person imagine that this referred to
Congress ?-that the same body which had organ
lied the Territorial Government had referred 10
itself further action? Websers first definition Is aS
follows "Refer-to direct, leave, or deliver over
to another person or tribunal, for information Vi
decision as when parties to suit refer ''e'i CAUSE
to another Court" g
Il is unfortunate that the American Senator
wales uso of language so ambiguous, and gives to
word, meaning different from the received usage
T. r,or,o,ross tTiBuaak to which Congress r5eTS
| It's action ...,,, .ho Sr-
- Court, is evident from the history OF the
s,n,,,versv. In the debate on Mr.. Clayton
Cfompromise Bill, the power Of the Territorial
Counci or even of Congress, to legisIate on the
snbect was fully discussed. Mr.. Calhoun then
avowed himself in favor of the principle OF non
intervention. He was willing to leave the question
TO be settled by the Supreme Court He denied
the mower of Congress, even OF the people oil the
Territory, to legslate on the subject.
s.Tbes il very str king difference between the position in
nee 10 The subject under consde ration The former e-
ire action of the demand nG Isw Sabb.d
mem y 10 leave it. and other Territories belonging to the
neI he eTHres and when they cease be leave
70 their inhabitants TO form such governnsn 5 iay
by the Constitution prerequisite tor admission INTO lhe
s5S the Constitution and ths greet aFd tg"dGTfn ae
principles Of SCI ggoert4en, PLaGs H. bt Css Ss
no poeT whatever to exclude the citizens Of the Southern
ss he S ne sates or to give an monopoly Of
hem to the North. now TO 60 one step aIthef ana
their Legislatares have any such right
1--WE are in favor of free Territory, and opposed to mono
lorm tbsiT own Government when it becomes State
, Mr.. Butler, of South Carolina, concured in these
f opnions of Mr. Calhoun, and both Of these gentle
men were willing to rest the rights of the South
+ here Now how the rights of the South be
4 tested and who shall decide upon them! In the
debates all admitted that the question must be re-
fsrred to the judicial tribunals But the Delta says:
Now we presume that no sincere ineigen could
poken OF by him was CONGRESS, which possesses the power
ra e9re But the Crescent chooses take his
reference the Supreme Court tribunal wR VIII Syey
never have the determination of the question: whether slavery
RoY bgt majority Of that tribunal friendly the South
pou lis data the Crescent finds its conclusion very easy l
l. equal to hat OF ATchmides VINO c9uu ia' M
/ lislever upOn.i
IS According to the South Carolina doctrine, Con-
20 gress has no right to legislate on the institution
i. Of slavery in the Territories. Mr.. Soue, since the
death of Mr. Calhoun is ambitious to be the leader
J. Of the Southern party. He certainly could not
e mean Congress the tribunal to decide the mat
ter simply from want of jurisdi elton in that body,
r for he is certainly lawyer enough to know that to
enable tribunal to decide, it must have Jurisdic-
IS ton The Northern party asserted that Congress
n had the power The South maintained that neither
OF Congress nor the territorial government had the
i 49,, ell, hold EFg
a. we're protected by the Constitution, and neither
Calhoun nor Butler wished any other protection. y
-, The Supreme Court alone is to decide. Such was
ne the character of the debate the Clayton compro
os mise. But now the Delta says that Mr.. Soui6
in when he spoke of that tribunal to which the sub
a. iect was referred did not mean "a court ofjustice,
IS. the meaning of the word the Supreme Court
~ but meant the very Congress which had made thu
We reference That's, Congress refers to the tribunal
ed Congress, the decision. With all his blunders
as poor Soul6 never uttered such an absurdity As
he what he meant we do not presume to know. It j
W. % be deplored that Mr.. SouG's ignorance Of tn
ed American language should enable his well-meal
ex friends to set up such ridiculous defence for hlr
The Delta asserts very positively that the S
preme Court can never determine the question.
men II is with great reluctance differ from sui
IN high authority legal question: and we have
an amined our opinion with great scrutiny and q
lhu anxious desire TO with the higher authou
Of the Delta. But unfortunately for US, the Co
in atitution Of the uited States stands in the wa
T." The Judicial power shall extend to all cases
th' law and equity, arising under his Constitute"
\ i. The great Judiciary Act Of 1889, which furnis
,nds IS the machinery carry ont this section, conte
ad- an appeal from the decision OF the State Cou
tGE o the Supreme Court, in all cases where the Ct
Their siruction Of any clause in the Constitution un'
oud which a party holds is drawn in question The Ia
ppre or the organization of the Territories OF Utah
and New Mexico, provide for appeals from the dacis
ment Of the Supreme Courts of the Territories to
bene. Supreme Court, on terms similar to those OF
Act of $50 With these statutes before us, we
,trey compened to remain Of the opinion that the
Urm- nreme Court is the trbundi" which alone has
oaaI- mower TO decide the question. As 10 the mean
ssnti. bringing the question before the Court that
The matter of practice which every lawyer understa
have and of no interest to the public generally. W
pFeLe sver the Territorial Courts shall decide that
body slave holder has lost his property, his lawyer
up to find mode to take the writ of error TO the
preme Court
T. we Should the Territorial Council pass a law q
teption ishing slavery and Congress approve it
should question would still be referred to another trib,
whether such action was within the powers g
Gable, to the Council under the section:
passen 'That the legislative power of said Territory shall
at tn ali TghuI subjects of legislation consistent
do well Constitution OF the United States, and the provisions
act"
But even if Congress bad given full pow
vi '''' Iegislate, the question would again com,
whether Congress itself has authority to conf
from This question, too, must be referred 10 somt
o. Ie 5unal for decision. The arguments Of Cali
Iobt Butler and other distinguished Southern 81
ormed men, we think, prove trumphantly the right
INDUS Southerner to carry his slaves, and hold the
wered UGH in the territories Of the United States.
with, ask no protection beyond that Of the Constit
"a for Mr. Soul6, however, understands the Constil
better than they, and he is not satisfied with
tunate Ir. Calhoun deemed sufficient
ppears The Delta comes to his relief but like G
silioSe father Whitehead, only makes matters VIC
h Trel another instance of il-timed bsnevolsnce.
so that ever we may think of Mr.. SouIe as politi
found bound in justice, 10 protect his repuaH
e and, u lawyer from the awkward defence Of the
diment - -
JUST at eSSrS Editors Of the CrcceHtA deal ha
Ornng, said and written the NewOeans and Jackson Ra
cad al and believe universally admitted that its
The would not only be important accession EewO
lplr tho,