Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02

lies the bottom Of my apprehension in relation to this
mater.
Sir have heard much of the purposes and determine
ton Of the people of the South To what point that deter
mnaon tend what that determination precisely is how far
it reaches in its design and purpose, not for say.
hope and that reaches further than is consistent
with the rational and constitutional protection Of their
rights, such rights at most they suppose themselves 10
possess. If this determination, M President goes fur
her than sustain their integrity States, to maintain their
exclusive jurisdiction their domestic affairs nobody
has the right inerpose, has disposition to do
Sir the determination of the South in regard this natter
it goes further than preserve the honor of the South
and what due to her domestic institutions she has
right boldly and firmly to maintain these against all
croachment, and assure the gentlemen Of the South
that she will have difficulty in doing his there will
be obstruction thrown in her way by the North. No in
vasion Of rights this respect need be apprehended No
interference willing to engage, sir, that she shall
be undsurbed 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 Mssssppi
with bayones; it will be bloodless warfare she will have
enemy contend with. have apprehensons this
score The difficulty and the danger lies beyond this
Before s susI oaEsslyss g bs szsi'sd q siss@s y
certain what the between US what It's probable and
what its possible results S have contest with the
gentlemen OF he South about the institution Of slavery
exists in the States What is then the controversy Sir,
the side maintain the power Of Congress to rgu
late the subject within the territories while they remain such
This power is Denied least to certain extent. Here
then the ISSUE Does it not result in question OF consti-
utiona construction have had occasion to discuss this
question heretofore with distinguished gentlemen Of the South
We understood ourselves discussing constitutional ques-
tion. What are powers under the constitution! Gan
put hands upon the institution within
the territories and 1t subject to control Sir,
is conceive it to be, constitutional question,
not matter to be settled by violence II Is matter TO De
discussed cooly and calmly.
Such being the character Of the between us whatever
determination may exist here elsewhere, and however
firmly and earnestly the issue may be maintained by the
spective parties it. yet gentlemen will permit me to say,
that all threats and violence, all purposes of dsunon Of
separate independent State action and and all measures
justified called for by the constitution, my judg
altogether premature. Sir Congress has not
yet attempted exercise the power in this nsancehat h
relation TO the newly acquired territories Before we talk of
dssovng the Union, let wait and whether Congress
will exercise it. II, sir should out that the Wlmot
proviso the ordinance 7s be passed through
Congress, certainly shall not attempt to carry either into
execution by force But sir suppose Congress should enact
the Wmot Provso, or suppose we should incorporate the
ordinance S7 into an act establishing Territorial Govern
ment has the time then arrived for disunon for resistance
to the constitution Has the time then arrived for indePen-
dent State action, any extreme not warrant
ed by the constitution itself
Mr.. FOOTE. 1t would be usurpation.
Mr.. PHELPS. The Senator may call it usurpation, "
if he peases But repeat the question, suppose the VIII
proviso should Has the time arrived for SEPARATE
independent State action by way of resistance to the action
Of Congress, call it usurpaon or what you please No,
sir, not get The constitution has provided its remedy; the
trainers of that instrument oreseeing that there might be
difference Of opinion in defining precisely the powers confer
red by IL have provided peaceful tribunal for the adjustment
Of such controveresha tribunal which sits in the cham
be below Us, Mr. President, (the Supreme Court for
i them to pass on the validity Of these ordinances.
Sir, told yesterday that we had nothing to do
with their decisionthat follow opinion
without regard to their adjudicaoD and are % be guided
soey BY our njudgmsst All els may be true %
tain extent In giving votes here, we guided BY the
dictates Of judgments, and form cur own opn-
ions of what constitutional and what is not but, sir,
when law be enacted and the question whether
that law is constitutional not raised the decision Of that
tribunal whether it is not constitutional binds the Go
venmen, and decides the Executive whether to put the
law in force The law itself is abrogated virtually
and in effect by the decision Of this tribunal Sir is not the
path before plain When ,hejudgment Of this body and
Of the other House passed upon this subject and the VIII
poviso adopted, if the constituonay Of the
doubted here is constitutional tribunal to settle the
question.
Now sir will or will not the North and South both sub
nit to its decision Will either party attempt 10 decide
the consutonaly Of the law in anticipation Of the decision
Of this tribunal and set that decision at Defiance Sir, re-
peat that when these measures offensive they be
regarded in quarters passed here the time for ress
in any other shape than in following out the remedies
provided by the constitution has yet arrived When the
decision Of that tribunal pronounced should establish the
power for which the North contend, it will then be
fully seasoneary enough for the gentlemen OF the South
to begin TO calculate the value of the Union, and determine
whether they any longer live under it expoundcd by
the various departments Of the Government Sir have
many pass through yet many contingencies to en-
before begin talk obreaking the foundations
| of political temple.
remarks, 10 that brought before this body
some months ago which was in my judgment the
only which could be reorted to with the slightest hope
at that time of an adjustment OF this question Sir, am free
to say disappointed in respects in finding gentle
Of the South giving their to that proposition in
that appeared hardly consistent with their
essed opinions Sir give the gentlemen credit for yielding
their assent to that instrument with view of Cancellation and
settlement This very question presented itself TO US when
had under consideration that bill There lay under i,
after ALL the constitutional question, whether egu-
late the subject all. We all conscious of that The
friends Of the bill, and ALL willing to submit that
constitutional question the proper tribunal We did not
attempt to settle it but profassed all sides willingness to
submit the question the tribunal created by the constitution
for the purpose deciding Has there been any change Of
sentiment this point Are we not prepared to submit
tlt' Certainly, sir
Il Mr. YULEE Do understand the gentleman say that
the North prepared submit the question to that t
tunal
Il Mr. PHELPS. cannot be responsible for the entire
North but what mean say is trust that all parties
willing the present day, before resorng
sanctioned by the constitution to submit the constitutional
question, the first instance least to the tribunal created
for the purpose of deciding IT, Sir when decision had
the question will very different aspect. Sir, do
not like to anticipate but that the gea,
Of the American people will sit down satisfied with the
decision Of that tribunal upon this question: let that decision
be as il may.
Mr. YULEE. Will the Senator yield me the floor for one
minucl desire that Senators from the North should be
tested upon this point The gentleman says that the North
contented that the Of this question between the two
sections OF the country should upon the decision OF the
Supreme Court the constitutional merits Of the issue
Now, ask him whether he speaks for the North when
South upon this settlement Of the issue. hazard nothing IN
saving that the South prepared conscious she