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

Now. are we mere hC'luB iaiily 'VBO'hNi no
equals look at the Constitution Of the coun-
trv | see nothing in it violative Of any law
which am pledged to obey in preference to 1t.
Senators say that the portion of the Constitution
Of the United States which protects the master
in the property Of his slaves is violative Of the
Supreme law and that the Supreme law, being
higher than the Constitution, they are bound to
obey it, Now say that the honorable Senator |
who entertains that opinion has not properly |
qualified himself to be member of this body, |
and should not be permitted to remain here
MIR. HALE. | ask the Senator from Maryland
when he ever heard me say so
Mr. PRATT. Say whatl
Mr. Hale That hold that part Of the Con-
stitution which recognises the holding of slaves
as contrary to the Divine law, and did not feel
bound to support it.
Mr.. PRATT. never heard the Senator from
New Hampshire say So But this brings me
back 70 the remark with which | commenced
that the Senator argued that that was the higher
Law Of which he spoke. He argued against me,
and wanted TO hold my course up to rebuke, be-
cause stared on1nion WHICH he uenies, anu
says he never entertained | stated that he so
undersJo6o me, ana Anvw 0onu,,DoS~
NE; aud yet he seemed DESTROYS OF making re-
mark by which it might 60 out to the world, and
break the effect of the remarks ! made, leaving
the impression that hsd want OF respect to the
Supreme Being, as If | were some sacrilegious
person who had no respect for that Supreme Be-
ing for whom he processes to entertain so pro-
found respect.
will not detsin the Senate longer upon this
subject rstarted with the proposition that there
is contained in the speeches Of the honorable Sen
ator from New York, as he spoke-snd believe
as they have been written out and since printed
this proposition that there is a law higher than
the Constitution of the United States; and al
though he has sworn 70 support that Constitution,
vet that il violates this higher law and he is not
bound to stand by it at all. Now, the Senator from
Connecticut, in his exposition of what the Sena-
tor from New York meant said that 1t was a
higher law in harmony with the Constitution.
Why, we all believe in that law. We all be-
lieve-I do most sincerely and humbly-in the
truth of that position, as promulgated upon earth
from Heaven Now the Senator SAYS that he
understood the Senator from New York so TO
conhne his remarks as to make that apPli-
cation Of il TO that higher law which is consistent
with the Constitution. The Senator from New
York never said that-never meant that. lie
said II OVERRIDE the Constitution, and he would
stand by that in preference 20 Il. R9 al &C
knowledpe that law consistent with the Constitu
ton. the Supreme law, the Supreme Being which
Is higher than the Constitution, and, being con-
sistent with IT, imposes an additional obligation
10 support It, IL is only, therefore, when the
Supreme law Is annulling the Constitution that
the whole remark of the honorable Senator can
have any sense in it,
Mr.. BLpwiN Mr. President, rise simply to
put myself right in regard to the answer which
! gave TO the general inquiry of the Senator from
Maryland, as to what the Senator from New
York was understood to say, in regard to
that higher law Of which he spoke | said, in re-
ply TO the inquiry of the Senator from Maryland,
that | understood the Senator from New York,
when he spoke Of that higher law, to say that it
was in harmony with the Constitution. | no.
ticed smile of ncredulity upon the face Of the
Senator from Maryland when made that reply,
and | was DESTROYS, therefore, Of procuring the
speech of the Senator from New York, in order
that might refresh my own memory. have in
my hand, and will read from it, The Senator
from New York says, in speaking Of the public
domain:
must be examined Il regards the domain only posses
sion b. enjoyed either in common nv partition by the
citizns Of the old States IL true indeed that the ma
tional domain IL ia that il acquired by
the vaor aud with the wealth Of the whole nation But
hold nevertheless no arbitrary power over IT, n0a no
fully seized by usnrpation The Constitution regulates
stewardship the Contribution devotes the domain to
union justice defence TO welfare and to liberty
But there higher law than the Constitution, which
regulates authority the domain ard devotes 1t to
the same noble purposes The territory Is part ncon
siderable part Of the common herit Of mankind be
stoSed upon them by the lrsainr Of the nniyss are
In the hiahnst attsa~ole degree their happiness"
That is the part OF the speech to which re-
ferred, and which believe, according to my gen
eral recollection of it, is published substantially,
if not literally, as IL was spoken. But sir, rose
not merely for the purpose of making this expla-
nation, but TO state on the amendment proposed
by the Senator from New York, that shall be
obliged to record my vote against it, And wish
to state to the Senate that shall vote, not be-
cause under the circumstances in which New
Mexico is now placed, | should vote against her
admission, if she came here with Constitution
demanding admission into the Union, in fulfil
ment of the stipulation Of the treaty by which
she was acquired for in that case | should feel
bound, under the circumstances now existing to
record my vote in her favor. But for reasons
which have been stated by my friend from New
Jersey and my friend from New Hampshire,
feel myself constrained to vote against this amend
ment of the present amendment OF the Senator
from Maine
Mr.. CHASE Before the question ia taken on
this amendment of the Senator from New York,
I wish TO say word or two The first is in re-
gard to the general appeal made by the Senator
from Maryland In reference to that have to
say that | never understood the honorable SEN
ator from New York as stating the proposition
attributed to him by the Senator from Maryland
But think that matter is sufficiently disposed
of by the quotation from the speech given by
the Senator from Connecticut OF course have
no idea Of concurring in the measure which the
Senator from Maryland has intimated purpose
of bringing before the Senate ! would rather
express a wish that instead Of this general denun
citation, and instead of an occasional threat Of ex-
polling some Senator, they would put that pur-
pose in definite form, and have the action of the
Senate upon it. | have nothing farther TO say
upon that point.
Mr.. FooTr Will the honorable Senator give
way for a moment
Mr.. CHASE. No, sir; cannot.
Mr.. FooTE. | wished only to crafty your
wish.
Mr.. CHASE. l expressed no wish that the
thing should be done But think 1t would be u
great deal better instead Of announcing purposes,
to do deeds Now, in regard to the amendment
proposed by the Senator from New York all |
have TO say IT, that when the Constitution Of New
Mexico is before this body, and the boundaries
in the Constitution are found to be such as are
proper and legitimate, | am ready to vote for the
admission of New Mexico with these bounda-
ries. IL the boundaries are not found 10 be such
as she is legitmately entitled to, then am ready
to vote for her admission with a reduction of her
boundaries But, to explain my position upon
that point ask leave to read to the Senate a res
olutjoa adopted 10y the Democracy OF Ohio, as
sembled in Convention on the 4th Of July last.
/ do not refer to that party known as the " Free
Democracy" who hold opinions on the subject Of
slavery not altogether in accordance with those
entertained by the old Democratic party. refer
to that body Of the Democracy that supported the
honorable Senator from Michigan at the last
Presidential election and not to the portion that
supported Mr.. Van Buren,. Well, sir, that De-
mocracy held a Convention on the last 4th Of
July, and this was the resolution that was unani-
mously adopted. quote the resolution as pub
lshed in the Ohio Statesman, the organ OF the