The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-28

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conceive 10 be the most extraordinary proposition
submitted to this body apprehend that such PROPOSE
ton would not have eanated from any other than
the yeas and nays are taken as intend to move before
take NY seat that they shall be. the senator from
thai there other member Of this body who
has least advanced openly to the body his utter dsre
gard of The constitution and his oath TO support H. Upon
two occasions, as ii is known every member OF the
Senate the senator from New York has announced here
that from the origin OF this government there have been
two organized principles, warning one against the other
WHICH must result IN the course OF time IN the desuc'
ton by the powerful OF those principles OF the
other The principle of human liberty, as he terms II,
and the assumption IN the constitution oil the universal
equality OF man. he has avowed to be the higher law,
which he feels himself constrained to obey, although II
may conflict with the express provisions OF the constu
ton and his oath to support that instrument For exam
ample, he believes and admits that the constitution OF
the United States positively prohibits the Congress 81 the
United States from aboshing slavery within the States
Yet nasmuch this higher law this principle OF human
liberty, conflict with that constitutional prohibl
on he says thar he should be bound by this higher law
and le would disregard the constitution OF his country
he would disregard the oath which he has taken 10 sup
port it before he took his seat here and he would vote
Tor that admitted unconstitutional act-the abolition OF
slavery within The States OF this Union | think, then,
Mr. President, that am right in assuming that other
senator upon this floor would have offered the PROPOSE
ton upon which am now about to comment because
il is in every of its features directly subversive
of every constitutional provision in reference the for
nation of States,
Mr. SEWARD, (n,erposins3 Will the senator allow
The PRESIDENT Does the senator from Maryland
| yield the floor!
Mr.. SEWARD Mr.. President, distinctly deny that
/ have ever, on this floor or elsewhere maintained
solitary principle Of all the principles which have been
put in my mouth, and charged upon me by the senator
Mr.. PRATT Why sir, then the honorable senator
should be very much Obliged 10 me Tor giving him an OPP
/ Does the senator deny that he has said and reiterated
here that there is law above the constitution which he
felt bound TO obey! Does he deny that
MIR. SEWARD. Yes, Sir, deny that
j [Mr. s. states that he understood Mr.. 7. to have add
ed the words " when il conflicts with the constitution,
and replied accordingly.-REp
Mr. PRATT Then, sir, .he Denies Mr. President,
what every man knows be has said have heard him
say and again; and the senator's denial does
not make untrue what assert | have heard him say,
that there higher law.
Mr. SEWARD, lin his seat) do not deny that
Mr.. PRATT | call upon every senator who hears
me to say whether the senator from New York did not
say there was higher law higher law than the con-
stulion, which be iet bound to obey when it in
conflict with the constitution.
4 MIR. SEWARD, lin his seat) did not.
! Mr. PRATT. call upon any senator upon tins floor,
other than the senator from New York. 10 deny that he
said So
1 Mr. BALDWIN AS the appeal has been made 10
other senators, must say, simply, that did not under
stand the sentiment uttered by the senator from New
York as IT has been stated by the senator from Mary
land.
Mr. FOOTE, Tin his seat.) Everybody else did.
Mr. PRAFF | do not know what the senator from
Connecticut means by this disavowa If he that
my commentary upon what the senator has said is not
exactly correct, that may be But that senator cannot
deny that he heard the senator from New York say there
higher law than the constitution, which he ielt
bound to obey when came in conflict with the consti
tuition.
Mr. BALDWIN happen not to have copy of the
speech of the senator from New York here, and
not OF course be expected TO give the precise words
understood the senator to state that there higher
law than the constitution, which was in harmony with
/ the provisions OF the constitution.
/ Mr. PRATT Now, Mr.. President, il will be in the
speech which was made by the senator from New York
one which displayed all that preparation which think
senator should give to everything they about
utter in this body-whlch, if II had been displayed
in better cause, would have been worthy Of his
country-he reiterated the sentiment contained in his
! first speech, and there uttered the sentiment have
stated, that there two antagonist principles migrated
originally in the constitution, and those two antagonist
principles the alleged equality OF and the prin
cipe oil domestic slavefy-he recognition OF domestic
slavery.
i Now, Mr. President, he avowed further and think
every will agree with me, that whenever these
antagonist principles OF which he speaking
conflict the constitution the higher law would be
obeyed by him IN preference to the constitution itself
have spoken OF this matter to all the friends OF that sena
Tor. and this the fret time have heard any
say he understood HIM differently from what have stated
have mentioned il them with tue announcement OF
the intention upon my part to move the expulsion o. that
senator member OF this body. have stated that
when that took his seat here he bound,
we were, to comply with that article OF the constitution
which says that senator's before they lake their
shall swear to support the constitution have said to
them that IT, when he the book 10 lake that oath
he ha refused 10 take the oath, be could not taken
his seat or II ne had prcmuEae 10 The Senate the
servaiion which he makes, has hitherto made,
with reference TO this superior law AZ to make invalid
that oath, there Is not senator that would have per-
mlited him 10 take IL Therefore, sir. # he had not
cealed his understanding OF the obligations which he
about to take upoa hnse he would not have been per
miited take his seat here. commended for this with
his friends, and OF them said was wrong the
facts commended that with these opinions ought
turn him out OF the body he never should have taken
i a seat here.
\ Mr.. President. now come to the amendment, which
is this
Il Insert alter The word That in the first line the o-
lowing
New Mexico shall proclamation by the President of
the United States, be admitted State this Union,
tue President, before issuing such proosnso shall be
satisfied that the recently framed 10y the
venton OF New Mexico has been approved and ratified by
the people OF New Mexico the held tos the puf
pose of considering it on the 1nn OF June last.
Here, then, sir, Is proposition that Congress should
admit New Mexico a State into this Union with
constitution which Congress has never SEEM establishing
boundaries not known TO the Senate or to any else
that should direct the President OF the United States
to proclaim the admission OF New Mexico a State,
with whatever boundaries she may choose to assume,
even If they include half two-hirds Of Texas, and
whether that constitution republican in its form not
willing Therefore, IL they have established gov
ment republican in iis form-a kingly government
the provision OF the constitution which says that
shall admit State which not republican in its FORM
II by its boundaries il includes part o Texas, that
provision of the constitution which prohibits separating